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TITLE: CUBA HUMAN RIGHTS PRACTICES, 1993
DATE: JANUARY 31, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
CUBA
Cuba is a totalitarian state dominated by President Fidel
Castro, who is Chief of State, Head of Government, First
Secretary of the Communist Party, and Commander in Chief of the
armed forces. President Castro has sought to control all
aspects of Cuban life through a network of directorates
ultimately answerable to him through the Communist Party, the
bureaucracy, and the state security apparatus. The Party is
the only legal political entity and is headed by an elite group
whose membership is ultimately determined by Fidel Castro. The
Party controls all government positions, including judicial
offices. Though not a formal requirement, party membership is
a de facto prerequisite for high-level official positions and
professional advancement.
The Ministry of Interior is the principal organ of state
security and totalitarian control. It operates border and
police forces, orchestrates public demonstrations, determines
whether to recognize nongovernmental associations, investigates
nonconformity, regulates migration, and maintains pervasive
vigilance through a series of mass organizations and
informants. It is charged with suppressing opposition and
dissent of any kind. The Ministry is under the de facto
control of the Revolutionary Armed Forces, which in turn are
directed by Fidel Castro's brother Raul. The mass
organizations attempt to extend government and Communist Party
control over each citizen's daily activities at home, work, and
school. Neighborhood Committees for the Defense of the
Revolution (CDR's) mobilize citizens, impose ideological
conformity, and report suspicious behavior.
The economy remained highly centralized despite some changes
during the year, most notably decriminalization of hard
currency possession and legalization of some types of
self-employment. The Government, however, continued to control
the means of production and remained virtually the sole
employer. The economy continued to decline dramatically,
reflecting the collapse in Cuba's relationship with the former
Soviet Union. An annual $4-5 billion in Soviet aid has ended.
Total foreign trade was one-fourth the 1989 level. The
Government continued its austerity measures known as "the
special period in peacetime," which call for draconian efforts
toward economic self-sufficiency.
The Government sharply restricts basic political and civil
rights, including freedom of expression, association, assembly,
and movement, as well as the right to privacy, the right of
citizens to change their government, and worker rights.
Authorities neutralize dissent through a variety of tactics
designed to keep activists off balance, divided, and
discredited by labeling them mentally disturbed social misfits
or hostile agents of foreign nations. To a lesser extent than
in the past, the Government used "acts of repudiation," which
are attacks by mobs organized by the Government but portrayed
as spontaneous public rebukes of dissident activity. The
Government also metes out exceptionally harsh prison sentences
to activists whom it considers a threat to its control.
In March the U.N. Human Rights Commission (UNHRC) passed a
resolution endorsing the report of the UNHRC's Special
Rapporteur, which made a strong and detailed criticism of
Cuba's systematic violations of human rights. The report
concluded with seven steps Cuba must take to bring its human
rights practices up to minimum international standards. The
Government for its part continued to refuse the new Special
Rapporteur, like his predecessor, permission to visit Cuba.
While there were no systemic changes improving human rights,
the Government did release several imprisoned human rights
activists and reduced the number of acts of repudiation. The
overall human rights situation remained poor, almost as
oppressive as in 1992.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political and Other Extrajudicial Killing
Law enforcement officers were responsible for several
extrajudicial killings. Five policemen arrested and handcuffed
Jesus Acosta Ramos of Manicaragua in Villa Clara province on
February 5 and brutally beat him in front of eyewitnesses.
Acosta died later that day; his autopsy certified that he had
died of a heart attack, failing to mention the injuries
sustained. Rogelio Carbonel Buevara died on March 7 in a
police holding cell after being beaten near his home by three
policemen from the Malecon unit in Havana's Vedado district.
Carbonel's widow was told days later that his death was due to
natural causes. Police officer Cariel Gonzalez shot and killed
13-year-old Simon Heredia Alvarez in Cespedes in Camaguey
province during a May 1 celebration, reportedly after Heredia
complained to Gonzalez that he should not mistreat people who
were waiting in line. This led to disturbances involving a few
hundred of the town's inhabitants, who chased Gonzalez to the
police station. They were finally dispersed upon a show of
force by police. In addition, there were several confirmed
incidents in which border patrols killed people trying to leave
the country (see Section 2.d.).
b. Disappearance
There were no reports of politically motivated disappearance.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
The Constitution prohibits abusive treatment of detainees and
prisoners. However, police and prison officials frequently
employed beatings, neglect, isolation, and other abuse in
dealing with detainees and prisoners convicted of political
crimes (including human rights advocates) or those who persist
in expressing their views. State security officials often
subjected dissidents to systematic psychological intimidation
in an attempt to coerce them to sign incriminating documents or
to collaborate. The UNHRC Special Rapporteur found prison
conditions, especially habitual beatings, severe overcrowding,
and the lack of food and medical care, in violation of Cuban
law. Dissidents are often placed in cells with common
criminals.
The Government claims that prisoners have guaranteed rights,
such as family visitation, adequate nutrition, pay for work,
the right to request parole, and the right to petition the
prison director. However, according to human rights activists,
these purported rights are often and capriciously withdrawn,
especially from political prisoners. There has been no
indication that authorities investigated reports of abuse or
took disciplinary action against the agents responsible. Among
the many reported cases of brutality by prison guards and
police was that of human rights activist Luis Alberto Pita
Santos, whose arm was broken during a severe beating by prison
guards in Boniato prison in January after refusing to wear a
prison uniform. Ten guards handcuffed and severely beat
activist Juan Carlos Aguiar Beaton in front of other prisoners
at Guanajay prison in July.
Human rights activists and political dissidents are
systematically harassed, beaten, and otherwise abused in public
and private by police and state security officials as a means
of intimidation and control. Three plainclothes policemen in
December 1992 accosted Nelson Eduardo Cruz Cabeza, an activist
with the group Edad de Oro, and told him to stop his
activities; they then beat him, causing an injury to his head
which required six stitches.
Authorities continued to use acts of repudiation to intimidate
activists and as a pretext for their arrest, though to a lesser
extent than in 1992. Crowds of people are amassed outside
homes of activists to harass them, yell insults, and vandalize
property. At times, the targeted activist is forced through
the crowd by police and physically beaten or abused. During
such acts, police often arrest activists "for their own
protection," and later charge them with counterrevolutionary
activity, resulting in prison terms.
d. Arbitrary Arrest, Detention, or Exile
Arbitrary arrest and detention are commonplace. The Law of
Penal Procedures requires police to file charges and either
release a detainee or place him before a prosecutor within
96 hours of arrest. Authorities are also legally required to
provide suspects access to a lawyer within 10 days of arrest.
These procedures are routinely denied to those detained on
state security grounds. The Constitution states that all civil
liberties can be denied anyone opposing the "decision of the
Cuban people to build socialism." Authorities invoke this
open-ended article to justify lengthy detentions of activists
on the grounds they constitute "counterrevolutionary
elements." The UNHRC Special Rapporteur found that the legal
system lacks laws and institutions needed to afford due process.
According to human rights activists, there were between 1,500
and 2,000 Cubans incarcerated for illegal exit and at least
another 2,000 imprisoned for various political crimes. The
Penal Code contains several articles prohibiting
"counterrevolutionary" activity. Activists are often
imprisoned for "enemy propaganda," "illicit association,"
"contempt for authority" (usually for criticizing Fidel
Castro), "clandestine printing," or the broad charge of
"rebellion." The latter is brought against advocates of
peaceful democratic change.
The Penal Code also includes the concept of "dangerousness,"
defined as "the special proclivity of a person to commit
crimes, demonstrated by his conduct in manifest contradiction
of socialist norms." Government authorities continue to
intimidate activists by threatening prosecution under this
article. If the police decide a person exhibits such behavior,
the offender may be brought before a court or subjected to
"therapy" or "political reeducation" for 1 to 4 years. In late
1993, there was a sharp increase in the number of convictions
for dangerousness as several hundred people, possibly more in
the Havana area alone, were sentenced to prison. Some were
human rights activists such as Felipe Lorens, head of the Marti
Youth Organization, who was sentenced to 4 years in prison in
October.
Reports of arbitrary arrests of human rights monitors continued
unabated. On June 22, plainclothes police picked up Maria
Celina Rodriguez, president of the opposition group "Liberty
and Faith," and her 6-year-old son and took them to a nearby
house, where they were interrogated for 7 hours regarding her
human rights activism. Police detained Roberto Pintado of the
"Marti Youth Organization" in June and told him to stop his
dissident activities or be tried on charges of "illicit
association" and sentenced to 2 or 3 years in prison. The
Government also preempts dissident activity by arbitrarily
prolonging prison sentences by bringing new charges against
detainees for human rights activities allegedly committed
during imprisonment.
e. Denial of Fair Public Trial
Cuban law and trial practices do not meet international
standards for fair and impartial public trials. Almost all
cases are tried in less than 1 day. Although the Constitution
provides for independent courts, it explicitly subordinates
them to the National Assembly and the Council of State, which
is headed by Fidel Castro. Judges are elected by the
rubberstamp National Assembly and its lower level counterparts.
The judiciary's independence is also compromised by the
subordination of the courts to the Communist Party. There is no
known case in which a court has ruled against the Government on
any political or security matter.
Civil courts exist at municipal, provincial, and Supreme Court
levels. All are presided over by panels composed of a mix of
professionally qualified and lay judges. Military tribunals
assume jurisdiction for certain "counterrevolutionary" cases.
Most trials are public; however, trials are closed when state
security is allegedly involved. Testimony from a CDR member
may be introduced on behalf of a defendant and may contribute
to either a shorter or longer sentence. The law recognizes the
right of appeal in municipal courts. In provincial courts,
some cases are appealable, such as those involving maximum
prison terms or the death penalty. The law requires that an
appeal be filed within 5 days of the verdict.
Criteria for presenting evidence, especially in cases of human
rights activists, are arbitrary and discriminatory. Often the
sole evidence provided, particularly in political cases, is the
defendant's confession. It is usually obtained under duress
and without legal advice or knowledge of a defense lawyer.
Defense lawyers often are not allowed to meet with defendants
until the day of the trial. Several activists who have served
prison terms say they were tried and sentenced without counsel
and were not allowed to speak on their own behalf.
The law provides an accused the right to an attorney, but the
latter's impartiality and independence are compromised by the
absence of an independent bar association and by ideological
controls exerted over members of the state-controlled lawyers'
collectives, especially when defending persons accused of state
security crimes. Observers have reported reluctance among
attorneys to defend those charged in political cases.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
Although the Constitution provides for inviolability of one's
home and correspondence, official intrusion into private and
family affairs remain one of the most repressive and pervasive
features of Cuban life. Party-controlled mass organizations
permeate society. The State has assumed a virtual right of
interference into the lives of citizens, even those who do not
actively oppose the Government. These intrusions aim
ostensibly at "improving" the citizenry but are calculated to
encourage ideological conformity.
Authorities possess a wide range of social controls. The
educational system teaches that the State's interests have
precedence over all other ties and commitments. Teachers,
selected in part for their ideological commitment, emphasize
Communist doctrine in the classroom and may penalize students
whose families question orthodox opinion. Teachers are
required to evaluate students' ideological character, which is
noted in records carried by students throughout their education
and which affect their future prospects.
The Interior Ministry employs an intricate system of informants
and neighborhood security committees (CDR's) to monitor and
control public opinion. Guardians of social conformity, the
80,000 CDR's are tasked with closely monitoring the daily lives
of residents. Participation in them is described as voluntary;
it is, in fact, obligatory. CDR's report suspicious activity,
such as reception of foreign radio or television broadcasts in
the home, conspicuous consumption, unauthorized meetings,
including with foreigners, and attitudes toward the Government.
Activist Sergio Seco Cordero, for example, was denounced in a
report by his CDR as "disaffected" because of his "active
participation against our Socialist system." Such people are
often harassed and fired from their jobs (see Section 2.a.).
Cubans do not have the right to receive publications from
abroad. Their international correspondence is often read by
state security. Overseas calls are difficult to make and are
monitored; conversations with foreigners are reported.
Activists, diplomats, and foreign journalists report
surveillance by security agents, though this seems to have
decreased.
Authorities regularly search people's homes without probable
cause for purposes of intimidation and harassment. Police
broke into the home of activist Carlos Negrin on February 3 and
seized three pairs of foreign-made shoes. They told Negrin
that his mother-in-law had accused him of illicit economic
activity. Negrin and his wife were arrested, taken to the
police station, and placed in a holding cell. Negrin's wife
had a miscarriage and was taken to a hospital; though doctors
ordered bed rest, she was returned to the station, where she
and Negrin were held for 5 days. They were both released after
paying a fine equal to 1 month's salary.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The Government does not allow criticism of the revolution or
its leaders. Laws are enforced against antigovernment
propaganda, graffiti, and insults against officials. The
penalty is 3 months to 1 year in prison for contempt. If Fidel
Castro or members of the National Assembly or Council of State
are the object, the sentence is 1 to 3 years. Rosa Campos
Hernandez, for example, was sentenced to 3 years' imprisonment
because she allegedly made defamatory statements about Castro
and other ministers while standing in the door of her Havana
home. Local CDR's inhibit freedom of speech by monitoring and
reporting dissent or criticism (see Section l.f.).
The Constitution states that electronic and print media are
state property and "cannot become, in any case, private
property." The media are controlled by the Communist Party and
operate under its guidelines. They faithfully reflect
government views and are used to indoctrinate the public. No
other public forum exists. TV Marti and Radio Marti, which
broadcast from the United States, are often jammed; however,
other foreign broadcasts are not. Police and Interior Ministry
officials frequently confiscate foreign newspapers from members
of the Independent Journalists' Association (APIC) and human
rights activists. The Government also circumscribes artistic,
literary, and academic freedoms. Education is the exclusive
prerogative of the State. Schools follow Marxist-Leninist
precepts as interpreted by the Government.
Beyond the Government's tight control over media, other forms
of expression are rigidly monitored. The Government often
arrests people for the crimes of "enemy propaganda" and
"clandestine printing." Dissidents are physically attacked and
intimidated if they try to report on incidents. APIC head
Nestor Baguer called one of his contacts abroad in July with
news about a large-scale disturbance near Havana. The next day
two men posing as telephone company employees beat him in his
home and destroyed his telephone. On August 6, three men
severely beat APIC member Jorge Casanovas Crespo just outside
the offices of the Communist Party's Central Committee as he
was heading to an APIC meeting. Casanovas required six
stitches; vision in one eye was severely affected.
Academic publications and research may not conflict with
government or party policy. On January 26, Leonardo Jose
Rodriguez Perez, a researcher at the Center for Metallurgic
Research, became the latest of several fired from their jobs
after signing the "open letter from Cuban professionals to the
second (1992) Ibero-American summit."
b. Freedom of Peaceful Assembly and Association
The Constitution does not provide for freedom of assembly or
association, nor are these freedoms permitted. Any assembly of
more than three persons, even in a private home, is punishable
by up to 3 months in prison and a fine. Though not universally
enforced, this is often used as a legal pretext to harass and
imprison human rights advocates. Even activists who act
respectfully towards authority are subject to continuous
harassment and persecution. Organizers of "illicit or
unrecognized groups" may be sentenced to up to 9 months. The
authorities have never approved a public meeting of a human
rights group.
The Penal Code forbids "illegal or unrecognized groups." The
Justice Ministry, in consultation with the Interior Ministry,
decides whether to recognize organizations. Apart from
"recognized" churches and a few carefully monitored groups such
as the Masonic Order, small human rights groups represent the
only associations outside the State and party. Authorities
continued to ignore numerous applications for legal recognition
by human rights groups, whose members were often jailed for
"illicit association" or became the targets of reprisals.
Human rights activists were fired from their jobs for such
reasons as being "connected to counterrevolutionary groups" or
being a "focal point for political deviation" with "ideas very
contrary to those of our revolution."
Because of such restrictions, public demonstrations by
opposition groups are extremely difficult to organize.
Activists Juan Guarino and Paula Valiente were arrested on
April 30 by state security after planning a May Day march
outside a Havana church. The following day, 150-200 persons
gathered for the march; when activists unfurled the Cuban flag,
the police moved in and began beating people with blunt
instruments. Several were arrested. Guarino and Valiente were
convicted of "inciting public unrest" on May 18 and released on
parole, an uncharacteristically lenient sentence. Since their
release, however, both have been harassed by state security and
kept under tight surveillance (see Section 2.d.).
c. Freedom of Religion
In recent years, the Government has made legal changes which
eased somewhat the harsher aspects of its suppression of
religious freedom. In 1991 it allowed religious adherents to
join the Communist Party, while in 1992 it amended the
Constitution to prohibit religious discrimination and remove
references to "scientific materialism," i.e., atheism, as the
basis for the Cuban State. Such actions were praised by the
Protestant Ecumenical Council, but the Catholic Church stated
its concern over the gap between the Government's rhetoric and
actions. The Catholic Bishops issued a pastoral letter calling
for national reconciliation and dialog. Although harshly
critical of the letter, the Government did not directly
retaliate against the Church.
Despite these changes, religious persecution continues.
Members of the armed forces are prohibited from allowing anyone
in their household to observe religious practices. Elderly
relatives are exempted if their beliefs do not influence their
spouses or children and are not "damaging to the revolution."
The Government continued to use the Penal Code to persecute
Jehovah's Witnesses and, to a lesser extent, Seventh-Day
Adventists. Jehovah's Witnesses were often convicted of
clandestine printing if a search of their home revealed
religious materials or illicit association for having religious
meetings. They have also been found guilty of contributing to
the delinquency of a minor, of "not complying with duties
related to respect and love of country," and of "abuse of the
freedom of religion" when, out of religious conviction, they
refuse to honor symbols of the Cuban State. Because the
Government considers them "active religious enemies of the
revolution," Jehovah's Witnesses and Adventists are watched and
often harassed by the CDR's, who also maintain surveillance
over "spiritualists who give consultations," in addition to
such categories as "counterrevolutionary ex-convict" and
"common criminal."
Church attendance has grown rapidly in recent years, despite
government and party efforts to restrict and control church
activities. Churches and other religious groups must register
with the Government and be officially recognized. Authorized
religious organizations may hold activities only at designated
places of worship. Construction of new churches is prohibited,
forcing many churches to meet in individuals' homes. Religious
holidays were eliminated in 1961. No religious processions
outside of church grounds are permitted, and churches are
denied any access to mass media.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
There are no legal restrictions on domestic travel, other than
a restricted zone near the U.S. Naval Base at Guantanamo.
Persons who are found to be HIV-positive are restricted to
sanatorium communities and allowed to leave those communities
only on highly restricted conditions. The Government now
allows persons over 20 years of age to apply for permission to
travel abroad. The vast majority of persons who qualify for
immigrant visas or refugee status are allowed to leave;
however, the Government continues to delay or deny exit permits
in certain cases, often without explanation. These often
include professionals who have tried to leave and who have
since been banned from working in their occupational field.
Others are refused permission because the Government considers
their cases sensitive. Dissident scientist Rolando Roque
Malherbe, for example, had been refused an exit visa since 1990
and had been unable to attend conferences abroad. The
Government finally permitted Roque to leave in December for a
teaching position in Spain. President Castro's daughter, Alina
Fernandez, slipped out of the country in disguise, after being
refused an exit visa for years. The Government also has coerced
some people, mostly activists, into leaving the country. Paula
Valiente, head of Mothers for Dignity, was constantly harassed
by state security officials to emigrate. Threats were made that
her 17-year-old son would be imprisoned on trumped-up charges.
To avoid that, Valiente left Cuba with her son in November.
The Government also permitted hundreds of former political
prisoners to emigrate, including several prominent activists
who had previously been denied exit visas. Most notable was
Mario Chanes de Armas, a former Castro comrade, who was allowed
to emigrate in July. Chanes was released in 1991 after serving
a 30-year prison sentence; he had been the longest serving
political prisoner in the Western Hemisphere. Nydia Cartaya,
wife of Joaquin Movrino Perez, an ex-army officer who defected
in the mid-1980's, was also granted an exit visa after having
been denied one since 1985. Activist Jose Luis Pujol, who had
originally applied in 1986, was allowed to depart. Activists
Elizardo Sanchez Santacruz and Rolando Prats were granted exit
visas to make extensive trips abroad during the summer and were
allowed to return to Cuba, even though Sanchez is out on bond
pending trial on charges of contempt for resisting a beating by
police in December 1992.
The Government continues to use aggressive, often violent,
means to prevent citizens from emigrating without its
permission. For example, on July 1, border guards in Cojimar
opened fire on a boat carrying at least 15 unarmed Cubans who
were trying to flee to the United States. Three were killed
and at least 10 injured. Guards and police reportedly refused
to assist those wounded in the water or allow others to do so.
According to numerous accounts, this led to rioting by several
hundred inhabitants. In October border guards killed Luis
Quevedo Remolino after he tried to leave in a raft. Though the
Government stated that he had been shot trying to depart
illegally, Quevedo's family and friends assert he was beaten to
death. Quevedo's cousins, who were involved in the escape
attempt, were also beaten, though not as seriously. The
incident led several thousand people to march in a funeral
procession on October 14 in Regla near Havana; Quevedo's family
reportedly diverted the hearse to the police station and
removed the body from the coffin, to show that it was covered
with deep bruises and had no bullet wounds. Despite the
dangers involved, a record 3,656 Cubans made it to the United
States in rafts. It is not known how many perished en route.
In five incidents witnessed by U.S. military personnel in late
June, border guards used hand grenades and rifle fire against
unarmed swimmers trying to escape to the U.S. Naval Base at
Guantanamo in southeast Cuba. In response to U.S. protests
over the use of excessive force, the Government denied the
reports, calling them "slanderous." Over 30 Cubans are known
to have died while attempting to seek asylum at the Base,
either shot by Cuban soldiers or killed by Cuban mines, while
821 made it safely.
There is no right of repatriation. Exit permits for temporary
travel specify that the person must return within 30 days,
although extensions are available. Cubans who live abroad must
apply for permission to return for visits. A quota of 10,000
visits per year by those who left between 1959 and 1980, as
well as a general ban on the return of those who left after
1980, were greatly liberalized in August.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Cubans have no legal right to change their government or to
advocate a change. The Constitution states that the only
political organization allowed is the Communist Party. A small
group of leaders select members of its highest governing
bodies--the Politburo and Central Committee.
In February the Government permitted direct elections to the
national legislature for the first time since it was created in
1976. Before nomination, however, every candidate had to be
screened by a "candidacy commission" composed of members of
party-controlled "mass organizations." Only one candidate per
seat was allowed; voters could either vote "yes" or leave the
ballot blank; there was no space even to check "no." These
procedures were designed to ensure that only those who follow
the government line would be on the ballot. Formation of
political parties, campaigning, and the making of campaign
promises was forbidden.
Leadership positions in Castro's Government have been dominated
by white males since its inception; there are very few women or
minorities in positions with policy responsibility in the Party
or the Government. There are 3 women on the 25-member
Politburo; the country's first female provincial party
secretary was not chosen until 1993. Though blacks and
mulattoes make up over half the population, they comprise only
4 of the 25 Politburo members and only 15 percent of over 200
members of the Central Committee.
The Government has ignored calls for democratic reform and
labeled activists who proposed them "worms" and traitors
working to undermine it. Any change judged not compatible with
the revolution is rejected, as are proposals by Cubans who seek
nonviolent political change or open debate about the political
system. The Government retaliates against those who have
peacefully sought political change.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
No domestic or international human rights group is recognized
by the Government or permitted to function legally. As noted
above, domestic human rights monitors are subject to intense
intimidation and repression. In violation of its own statutes,
the Government refuses to consider applications for legal
recognition submitted by human rights groups. The main
domestic human rights monitoring groups are the Cuban Human
Rights Committee, the Cuban Pro-Human Rights Party, the
National Council for Civil Rights, and the Cuban Commission for
Human Rights and National Reconciliation. In addition, the
Cuban Democratic Convergence, the Cuban Coalition, and the
Civic Democratic Alliance are umbrella organizations including
a number of smaller human rights groups.
The Government has steadfastly rejected international human
rights criticism. In 1991 Cuba's U.N. Representative stated it
would not recognize the UNHRC mandate on Cuba and would not
cooperate with its Special Rapporteur, even though Cuba is a
UNHRC member. In March, after the UNHRC passed a resolution
condemning human rights violations in Cuba by the largest
margin ever, Cuban Ambassador Jose Perez Novoa said the
resolution was the result of a "political vendetta" and
maintained that "there are no large-scale and flagrant human
rights violations in Cuba." Cuba continues to ignore repeated
requests by the UNHRC's Special Rapporteur to visit Cuba to
meet officials and citizens.
Section 5 Discrimination Based on Race, Sex, Religion,
Disability, Language, or Social Status
Cuba is a multiracial society with a majority of black and
mixed racial ancestry. The Constitution forbids discrimination
based on race, sex, or national origin, although evidence
suggests that racial and sexual discrimination occurs.
Women
The Family Code states that women and men have equal rights and
responsibilities regarding marriage, divorce, raising children,
maintaining the home, and pursuing a career. The Maternity Law
provides 18 weeks of maternity leave and grants working women
preferential access to goods and services. About 40 percent of
all women work. They are well represented in the professions,
although few are in positions with policy responsibility.
Information from human rights groups and other sources
indicates that domestic violence and sexual assaults occur, but
no statistics are available. Violent crime is rarely reported
in the press and, due to cultural traditions, victims of
mistreatment are reluctant to press charges. However, the law
establishes strict penalties for rape, and it appears to be
enforced. Prostitution has increased greatly in the last few
years, especially around tourist areas.
Children
The Constitution states that the Government will protect
"family, maternity, and matrimony." It also states that
children, legitimate or not, have the same rights under the law
and notes the duties of parents to protect them. Education is
free and is based on the ideology of Marx and Jose Marti, and
state organizations and schools are charged with the "integral
formation of childhood and youth."
National/Racial/Ethnic Minorities
Information about racial discrimination is not readily
available. Many blacks have benefited from the social changes
of the revolution. Nevertheless, there have been numerous
instances of police harassment against blacks, including black
foreigners and diplomats who were mistaken for being Cuban.
Many black activists report being singled out for harassment.
Officials have told them during interrogations that they are
"ungrateful" for not appreciating what the revolution did for
them and insulted them with racial epithets.
People with Disabilities
There have been few known cases of discrimination based on
disability. There are laws to provide for the disabled, but no
laws mandating accessibility.
Section 6 Worker Rights
a. The Right of Association
The Constitution gives priority to state or collective needs
over individual choices regarding free association or provision
of employment. Decisions and choices of workers are
subordinate to the "demands of the economy and society." The
law does not permit strikes, nor are any known to have occurred
in 1993. Established labor organizations are not trade unions
in any real sense and do not act as a voice for worker rights,
including the right to strike. Labor is organized under the
control of the State and party through one umbrella group, the
Confederation of Cuban Workers (CTC).
Although a constitutional amendment removed reference to the
CTC and its Secretary General's participation in the Council of
Ministers, the CTC's union monopoly is reflected in the
explicit reference to it that remains in the Labor Code. The
CTC serves primarily as a state instrument to enforce political
and labor discipline, to encourage productivity and extended
hours of "voluntary" labor, to hold down labor costs, and to
conserve raw materials. However, some CTC organizations have
served as debating forums for a narrow range of labor issues,
such as safety or working conditions.
Despite Cuban disclaimers in international forums, independent
unions are explicitly prohibited. In 1992 the International
Labor Organization (ILO) concluded that independent unions "do
not appear to exist" and ruled that Cuba violated ILO norms on
freedom of association and the right to organize. In May the
ILO Governing Body rejected the arguments of the Justice
Ministry for failing to reply to the General Union of Cuban
Workers' (UGTC) request for registration and legal recognition
and requested the Government to make an immediate pronouncement
on registration.
Those who attempt to engage in union activities face government
persecution and harassment. In February state security
officials again arrested Rafael Gutierrez Santos, president of
the fledgling independent trade union USTC, and detained him
without making formal charges. He was released in August,
pending trial. In February police raided the home of
independent unionist Juan Guarino during a meeting of the
National Council of Independent Unions. After searching the
house for 7 hours, police confiscated union materials and
newspapers and then arrested eight union members, telling them
they would be "crushed like cockroaches" if they continued
their union activities. They were released several hours
later. In March police arrested UGTC executive member Roberto
Trobajo and detained him for a week due to his union activities.
b. The Right to Organize and Bargain Collectively
Collective bargaining does not exist. The State Committee for
Work and Social Security sets wages and salaries for the state
sector. Because the CTC is a government instrument, antiunion
discrimination is only relevant as it applies to government
repression of attempts to form independent unions. There are
no known export processing zones in Cuba.
The Government in September relegalized self-employment, which
had been abolished in 1968, by allowing people to apply for
licenses to work in over 100 different occupations, from
hairdresser to muleteer. However, the regulations exclude
university graduates, employees in sectors determined to be
government priorities, or any state employee whose work is
ruled necessary. They also exclude those who do not show
proper "labor discipline" (a category which includes
dissidents), among others. Furthermore, permission to work
outside the state sector can be revoked if the State decides
the worker's services are again needed.
c. Prohibition of Forced or Compulsory Labor
Neither the Constitution nor the Labor Code prohibit forced
labor. The Government maintains "correctional centers" where
people are sent for crimes such as illegal departure. They are
forced to work on farms or building sites, usually with no pay
and inadequate food. Internees who do not cooperate are often
imprisoned.
Special groups of workers, known as "microbrigades," on loan
from other jobs, are employed on special building projects.
They have increased importance in the Government's efforts to
complete tourist and other facilities that have priority
attention. Workers who refuse to volunteer for these often
risk discrimination or loss of their jobs. Microbrigade
workers, however, are reportedly rewarded with priority listing
for apartments, a strong incentive for such work.
The ILO's Committee of Experts criticized Cuba for violating
ILO Convention 29 (Forced Labor) based on allegations in a
report by the International Confederation of Free Trade Unions
(ICFTU) that "voluntary labor is, in practice, forced labor
under the terms of the Convention, since refusal to do such
labor results in the loss of certain rights, benefits, and
privileges." In response, the State Labor Committee in January
repealed a 1980 resolution, thereby eliminating merits and
demerits from workers' labor records. In June the ILO
conference committee expressed hope that this marked the first
step toward complete elimination of any form of coercion
involved in voluntary labor.
d. Minimum Age for Employment of Children
The legal minimum working age is 17. The Labor Code exempts
15- and 16-year-olds to let them obtain training or fill labor
shortages. However, students over age 11 are expected to
devote 30-45 days of their summer holiday to farm work up to
8 hours per day. "Voluntary labor" by student work brigades is
still used extensively in the farming sector.
e. Acceptable Conditions of Work
The minimum wage is supplemented by free medical care and
education and subsidized housing and food. Even with these
subsidies, however, a worker must earn far more than the
average wage to support a family. The minimum wage is less
than $200 (200 pesos) per month (which is about $3 at the black
market rate). Moreover, most basic necessities, like food,
medicine, clothing, and cooking gas, are rationed and in very
short supply, if available at all. This has worsened
dramatically in the past 3 years.
The standard workweek is 44 hours, with shorter workdays in
hazardous occupations such as mining. To save energy, the
Government reduced workdays to 5 hours in many institutions.
Worker safety and pollution control provisions are usually
inadequate. Effective control and enforcement mechanisms to
ensure worker safety are lacking. Industrial accidents
apparently are frequent. (###)
[end of document]
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