Human rights in Cuba

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Human rights in Cuba are defined by Chapter VII of the Cuban constitution, "Fundamental rights, duties and guarantees"; which outlines rights to work, social security, rights to protection, safety and hygiene, free medical and hospital care, free education, freedom of speech "in keeping with the objectives of socialist society", rights to assembly, freedom of religion and conscience, and the right to legal defense. ^[1]

Contrasting these purported guarantees, the Communist government led by Fidel Castro has been accused of numerous violations of many human rights since the Cuban revolution of 1959.

Since the earliest days of Spanish colonization, human rights in Cuba have been an issue of concern. The oppression of the indigenous populations was chronicled at length by clergyman Bartolome de las Casas. The subsequent transportation of African slaves to the island, which lasted over 300 years, led to British military intervention and a determination "to put a stop to these abuses".^[2] Since Cuba achieved independence in 1902, successive Cuban governments have been criticised and condemned by various groups, both within Cuba and internationally, for human rights violations on the island.

Contents 1 History 1.1 Political persecution 1.1.1 Execution of General Arnaldo Ochoa 2 Contemporary Cuba 2.1 Due process 2.2 Freedom of Expression 2.3 Freedom of Association and Assembly 2.4 Society 2.5 Capital punishment 2.6 "Acts of repudiation" 2.7 "Prisoners of conscience" 2.8 Travel and emigration 2.9 Right to Education 2.10 Right to Healthcare 2.11 Religious freedom 2.12 Rights of women 3 Cason affair 4 Homosexuality 5 United Nations Human Rights Commission 6 See also 7 References 8 External links

[edit] History

Cuba

This article is part of the series: Politics and government of Cuba

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During the latter part of the Spanish colonial era in Cuba, human rights on the island became a particular international concern. After a visit to the region in 1898, U.S. Senator Redfield Proctor estimated that that up to 200,000 Cubans had died from starvation and disease within "Spanish forts", essentially concentration camps.^[3] The concern was a contributory factor in garnering support for the Spanish-American war in the U.S. After independence, and following a sustained period of instability, the 1924-33 government of Gerardo Machado proved to be oppressive and authoritarian. Machado forcibly extended his rule until a popular uprising deposed him in 1933. The post-Machado period was marked by violent reprisals, mass lynchings and a deterioration towards extreme corruption and gansterismo throughout the island.^[4] Machado's ouster, General Fulgencio Batista, went on to govern the island periodically, as de facto leader and President, for twenty six years, his authoritarian rule becoming the subject of further concern. ^[5]

Batista's second spell as President began with a ruthless crackdown on any signs of dissent. In one of the worst examples, even some of Batista's supporters expressed concern after police tortured or summarily hanged those suspected of organising a general strike. ^[6] The Cuban revolution led by Fidel Castro was greeted with celebration and relief in Cuba. However, mob rule in the immediate aftermath of Batista's downfall gave way to trials without due process,^[7][8] the suspension of habeas corpus and the executions of suspected Batista co-conspirators.^[9]

The Cuban National Reconciliation movement, a U.S. based organisation that aims to act as a forum for discussing Cuban society, has detailed what it believes are complex variables when analysing human rights immediately after the revolution. In the 1960s, violent confrontations known as the War Against the Bandits between the Cuban government and armed opposition were ongoing, but had declined by the early 1970s. The group asserts that by the time international human rights movements flourished in the 1970s, the most severe period of repression was over, making non-partisan retrospective assessments of the period difficult. The reconciliation movement also cite the difficulties in assessing accounts of abuses that are commonly split upon partisan lines. According to the group, Cuban exiles who were often the first to denounce the Cuban government, largely shared an anti-Communist ideology and overlooked violations committed by other regimes, whilst many left leaning observers did not give the claims of Cuban victims due consideration.^[10]

[edit] Political persecution

Various estimates have been made to ascertain the number of politcal executions carried out on behalf of the Cuban Government in Cuba since the revolution. Latin American historian Thomas E Skidmore, assessed that there had been 550 executions in the first six months of 1959.^[11] British historian Hugh Thomas, in his extensive study Cuba or the pursuit of freedom^[12] alleged that "perhaps" 5,000 executions had taken place by 1970,^[11] whilst The World Handbook of Political and Social Indicators assertained that there had been 2,113 political executions between the years of 1958-67.^[11]

Cuban American sources place the number of executions in a far higher bracket. The Cuban American National Foundation assess that since the revolution 12,000 political executions have taken place.^[11] Dr. Armando Lago, of the Association for the Study of the Cuban Economy, a group of academics whose board of directors is almost entirely comprised of Cuban exiles, ^[13] claim that between 15,000 and 18,000 Cubans were executed for counterrevolutionary activities since the revolution. He also asserts that 250 Cubans disappeared during the period, 500 died in prison for lack of medical attention, 500 were murdered in prison by guards and there were 150 extrajudicial assassinations of women. Lago calculated these numbers "using old news accounts, U.S. and Organization of American States records and family histories."^[14] Lago's study relies heavily on records of the US State Department and the Organization of American States.

The author of the Historical Atlas, a online personal compilation of various sources summarizes his findings as follows: "The dividing line between those who have an axe to grind and those who don't falls in the 5,000-12,000 range."^[11]

The highest estimates are given by R.J. Rummel, Professor Emeritus of Political Science at the University of Hawaii. He gives the number of 73,000 as the mid-point estimate of victims of the alleged democide by the Castro administration. His low and high estimates are 35,000 and 141,000 respectively. One important reason his numbers are higher than those from other sources is because he counts the estimated deaths of refugees trying to flee and for example drowning as democide.[1]

In 1986 a Tribunal on Cuba was held in Paris to present testimonies by former prisoners of Cuba's penal system to the international media. The gathering was sponsored by Resistance international and The Coalition of Committees for the Rights of Man in Cuba. The testimonies presented at the tribunal, before an international panel, alleged a pattern of torture in Cuba's prisons and "hard labor camps". These included beatings, biological experiments in diet restrictions, violent interrogations and extremely unsanitary conditions. The jury concurred with allegations of arbitrary arrests; sentencing by court martial with neither public audience nor defense; periods in hard labour camps without sufficient food, clothes and medical care; and the arrests of children over nine years old. ^[15]

[edit] Execution of General Arnaldo Ochoa

The number of reported executions in Cuba declined during the 1970s and by the 1980s were resticted to rare high-profile cases, notably the execution of General Arnaldo Ochoa in 1989. Ochoa, once proclaimed "Hero of the Revolution" by Fidel Castro, along with three other high-ranking officers, was brought to trial for drug trafficking. This offense carries a maximum sentence of 20 years, but Ochoa and the others were convicted of treason and promptly executed, largely on the basis of secret evidence. ^{[citation needed]} Opponents of the Castro government outside of Cuba expressed skepticism about the legitimacy of Ochoa's arrest and execution. In the opinion of former Brigadier-General Rafael del Pino, who had been a close personal friend of Ochoa since the early days of the revolution, the arrest and execution was an attempt to keep a different high-ranking Cuban official from defecting. ^{[citation needed]} Del Pino himself defected from Cuba in May 1987.

[edit] Contemporary Cuba

[edit] Due process

Human Rights Watch states that "Although in theory the different branches of government have separate and defined areas of authority, in practice the executive retains clear control over all levers of power. The courts, which lack independence, undermine the right to fair trial by severely restricting the right to a defense." and "The government also imprisons or orders the surveillance of individuals who have committed no illegal act, relying upon provisions that penalize “dangerousness” (estado peligroso) and allow for “official warning” (advertencia oficial)."[2]

[edit] Freedom of Expression

Cuba officially adopted the civil and political rights enumerated in the Universal Declaration of Human Rights in 1948. One of the key principles in the declaration was the insistence on Freedom of expression and opinion. In 1976 the new Cuban constitution adopted the following articles. Article 53:

"Citizens have freedom of speech and of the press in keeping with the objectives of socialist society. Material conditions for the exercise of that right are provided by the fact that the press, radio, television, cinema, and other mass media are state or social property and can never be private property. This assures their use at exclusive service of the working people and in the interests of society. The law regulated the exercise of those freedoms."

Article 62 of the Cuban constitution states:

"None of the freedoms which are recognized for citizens can be exercised contrary to what is established in the Constitution and by law, or contrary to the existence and objectives of the socialist state, or contrary to the decision of the Cuban people to build socialism and communism. Violations of this principle can be punished by law."

Individual Human rights groups and international organizations believe that these articles subordinate the exercise of freedom of expression to the state. The Inter-American Commission on Human Rights assess that: "It is evident that the exercise of the right to freedom of expression under this article of the Constitution is governed by two fundamental determinants: on the one hand, the preservation and strengthening of the communist State; on the other, the need to muzzle any criticism of the group in power."^[16] Human rights group Amnesty International assert that the universal state ownership of the media means that freedom of expression is restricted. Thus the exercise of the right to freedom of expression is restricted by the lack of means of mass communication falling outside state control.^[17] Human Rights Watch states: "Refusing to recognize human rights monitoring as a legitimate activity, the government denies legal status to local human rights groups. Individuals who belong to these groups face systematic harassment, with the government putting up obstacles to impede them from documenting human rights conditions. In addition, international human rights groups such as Human Rights Watch and Amnesty International are barred from sending fact-finding missions to Cuba. It remains one of the few countries in the world to deny the International Committee of the Red Cross access to its prisons."[3]

A Reporters Without Borders report finds that Internet use is very restricted and under tight surveillance. Access is only possible with government permission and equipment is rationed. E-mail is monitored.[4]

[edit] Freedom of Association and Assembly

Human Rights Watch states that "Freedom of assembly is severely restricted in Cuba, and political dissidents are generally prohibited from meeting in large groups.[5] Amnesty states that "All human rights, civil and professional associations and unions that exist today in Cuba outside the officialdom of the state apparatus and mass organizations controlled by the government are barred from having legal status. This often puts at risk the individuals who belong to these associations of facing harassment, intimidation or criminal charges for activities which constitute the legitimate exercise of the fundamental freedoms of expression, association and assembly."[6]

The Cuban authorities only recognise a single national trade union centre, the Confederación de Trabajadores Cubanos (CTC), heavily controlled by the State and the Communist Party which appoints its leaders. Membership is compulsory for all workers. Before a worker can be hired they have to sign a contract in which they promise to support the Communist Party and all it represents. The government explicitly prohibits independent trade unions, there is systematic harassment and detention of labor activists, and the leaders of attempted independent unions have been imprionsed. The right to strike is not recognised in law.[7][8][9]

[edit] Society

Permission from the government is required to move to another home due to the lack of private property rights. Jobs are also subject to state control.

In 2001 an attempt was made by Oswaldo Payá Sardiñas and others from the Christian Liberation Movement, operating as the Varela Project, to have a national plebiscite using provisions in the Constitution of Cuba which provided for citizen initiative. If accepted by the government and approved by public vote, the amendments would have established such things as freedom of association, freedom of speech, freedom of press, as well as starting private businesses. The petition was refused by the National Assembly and in response a referendum was held in support of socialism being a permanent fixture of the constitution, for which the government claimed 99% voter approval.

[edit] Capital punishment

Cuba placed a moratorium on the use of capital punishment in 2001 but an exception was made when, in 2003, three Cubans were executed for a ferry hijacking using automatic weapons in which Cuban families and two young French female tourists were held at gunpoint. The incident resulted in no injuries, but was broadcast on national television to wide condemnation; the decision to execute was allegedly taken in order to deter a supposed US plot to start a wave of hijackings.

[edit] "Acts of repudiation"

Human rights groups including Amnesty International have long been critical of what the Cuban authorities have termed "Acts of repudiation" (actos de repudio). These acts occur when large groups of citizens verbally abuse, intimidate and sometimes physically assault and throw stones and other objects at homes of Cubans considered to be counter-revolutionary. Human rights groups suspect that these acts are often carried out in collusion with the security forces and sometimes involve the Committees for the Defence of the Revolution or the Rapid Response Brigades. The level of violence of these acts have increased significantly since 2003. ^[18]

[edit] "Prisoners of conscience"

In 1960, Armando Valladares was working at the Cuban Postal Savings Bank when agents of the Ministry of Communications handed him a card bearing a communist slogan and told him to put it on his worktable. The 23-year-old Valladares refused. Astonished, the agents asked him if he had anything against Castro. Valladares answered that if Castro was a communist, he did.

Valladares was convicted on a charge of placing bombs in public places and was sentenced to thirty years in prison. His supporters contend that he was never part of the Batista police as alleged by Castro supporters (as Valladares was only 19 at the time of the revolution), and that his imprisonment was the result of his vocal opposition to the Castro government. Conservative author David Horowitz has called him a "Human Rights Hero."

Valladares claims to have been tortured and humiliated while on a hunger strike to protest prison abuses; he claims the guards denied him water until he became delirious, and proceeded to urinate in his mouth and on his face. Valladares was released from prison after twenty-two years upon the intercession of France's Socialist President François Mitterrand.

On August 28, 1998, a Havana court sentenced Reynaldo Alfaro García, a member of the Democratic Solidarity Party, to three years in prison for "spreading enemy propaganda" and "rumour-mongering."

One Cuban doctor, Desi Mendoza, was imprisoned for making statements criticizing Cuba's response to an epidemic of dengue fever in Santiago de Cuba which, according to him, had caused several deaths. Dr. Mendoza had been fired from his job in a Cuban hospital three years earlier for establishing an independent medical association. He was later released due to ill-health, subject to his leaving the country. [10] [11]

Another dissident, Oscar Elias Biscet, a medical doctor, has been sentenced to jail for 25 years in horrendous conditions for his peaceful, but vocal opposition to Castro. These are but a few examples of the hundreds of peaceful dissidents incarcerated by Castro over the course of his "revolution."

More recently in the Spring of 2003 dozens of dissidents, including independent journalists, librarians and other opponents of the Castro government were jailed after summary show trials, with some sentences in excess of 20 years, for the mere act of daring to peacefully oppose the government. (See more detailed account below).

CUBA: fundamental freedoms still under attack from Amnesty International states: "Amnesty International calls once more on the Cuban authorities to release all prisoners of conscience immediately and unconditionally. The organization also calls on the authorities to revoke all legislation that restricts freedom of expression, assembly and association, and to put a halt to all actions to harass and intimidate dissidents, journalists, and human rights defenders."

[edit] Travel and emigration

Citizens cannot leave or return to Cuba without first obtaining official permission, which is often denied.^{[citation needed]} Unauthorized travel can result in criminal prosecution. The government also frequently bars certain citizens engaged in authorized travel (primarily medical personnel and other professionals deemed essential to the country) from taking their children with them overseas, which critics see as essentially holding the children hostage to guarantee the parents’ return.[12]

Castro opposition leader Oswaldo Payá has been allowed to travel abroad to receive his Sakharov Prize, while independent journalist Yndamiro Restano, permitted to leave Cuba to receive an award, has not been allowed to return.

From 1959 through 1993, some 1.2 million Cubans left the island for the United States [13], often by sea in small boats and fragile rafts. In the early years a number of those who could claim dual Spanish-Cuban citizenship left for Spain. Over time a number of Cuban Jews were released to Israel in quiet negotiations; the majority of the 10,000 or so Jews who were in Cuba in 1959 have left. After the collapse of the Soviet Union many Cubans now reside in a diverse number of countries, some ending up in countries of the European Union. A large number of Cubans live in Mexico and Canada.

At times the exodus was tolerated by the Cuban government as a "release valve"; at other times the government has impeded it. Some Cubans left for economic reasons, some for political ones, but most departed for a combination of the two.^{[citation needed]} Others emigrated by way of the U.S. Naval Base at Guantanamo Bay, which is blocked on the Cuban side by barbed-wired fences and landmines. It is estimated that only one of every three or four Cubans who have attempted to escape has been successful. Thousands have died in their attempts.

In 1995 the U.S. government entered into an agreement with the Cuban government to resolve the emigration crisis that created the Mariel Boatlift of 1980, when Castro opened the docks to anyone who wanted to leave. The result of the negotiations was an agreement under which the United States was required to issue 20,000 visas annually to Cuban emigrants. This quota is rarely filled; the Cuban government claims that the Bush administration has refused to comply with the act, issuing only 505 visas to Cubans in the first six months of 2003. However, this does not address the blockage of certain visa-carrying Cubans.

On July 13, 1994, 72 Cubans attempted to leave the Island on a World War II era tugboat named the 13 de Marzo. In an attempt by the Cuban Navy to stop the tugboat, patrol boats were sent out to intercept the tug. Crewmen and survivors reported that the interception vessels rammed the tugboat and sprayed its passengers with high pressure fire hoses, sweeping many overboard. A total of 41 men, women and children drowned after being swept off the tug’s deck, 11 of these were children under the age of 12.

[edit] Right to Education

Main article: Education in Cuba

Education in Cuba is nominally free at all levels and controlled by the Cuban Ministry for Education. In 1961 the government nationalized all private educational institutions and introduced a state-directed education system.

[edit] Right to Healthcare

Main article: Healthcare of Cuba

The Cuban government operates a national health system and assumes full fiscal and administrative responsibility for the health care of its citizens. In 1976, Cuba's healthcare program was enshrined in Article 50 of the revised Cuban constitution which states "Everyone has the right to health protection and care".

[edit] Religious freedom

Main article: Religion in Cuba

In the years following the Cuban Revolution, the Roman Catholic Church suffered persecution. Not only did Castro severely limit its activities, but in 1961 he confiscated, without compensation, all property held by religious organizations. Hundreds of members of the clergy, including a bishop, were permanently expelled from the nation. The Cuban leadership was officially atheist until 1992 when the Communist Party agreed to allow religious followers to join the party. In 1998, Pope John Paul II visited the island and was allowed to conduct large outdoor masses. During his visit, the Pope strongly condemned Castro and his human rights record but encouraged reconciliation. That same year, Cuba approved visas for nineteen foreign priests to take up residence in the country. In addition, other religious groups in Cuba such as the Jewish community are now permitted to hold public services and to import religious materials and kosher food for Passover, as well as to receive rabbis and other religious visitors from abroad.

[edit] Rights of women

Main article: Women in Cuba

Women in Cuba have equal constitutional rights as men in the economic, political, cultural and social fields, as well as in the family. According to article 44 of the Cuban Constitution, the state "guarantees women the same opportunities and possibilities as men, in order to achieve woman’s full participation in the development of the country." Women currently hold 35% of the parliamentary seats in the Cuban National Assembly ranking sixth of 162 countries behind Rwanda, Sweden, Norway, Finland and Denmark on issues of female participation in political life. ^[19]

[edit] Cason affair

In March 2003, the government of Cuba arrested dozens of journalists, librarians, and human rights activists, and charged them with sedition due to their alleged contacts with James Cason, head of the United States Interests Section in Havana[14]. The accused were tried and sentenced to prison terms ranging from 15 to 28 years. In all, 75 journalists, librarians, and dissidents were given lengthy sentences averaging 17 years each. Among those sentenced were poet and journalist Raul Rivero, economist Martha Beatriz Roque, and Christian activist Oscar Elías Biscet. Amnesty International described the closed-door trials as "hasty and manifestly unfair." [15]

Cuban Foreign Minister Felipe Perez Roque denied these accusations and responded: "Cuba has the right to defend itself and apply punishment just like other nations do, like the United States punishes those who cooperate with a foreign power to inflict damage on their people and territory." [16]

During the closed-door trial, evidence was presented that the defendants had received funds from the U.S. Interests Section. Cuban officials claim that the goal of this funding was to undermine the Cuban state, disrupt internal order, and damage the Cuban economy. For his part, Cason denies offering funds to anyone in Cuba.

On November 29, 2004, the Cuban government unexpectedly released three dissidents arrested in the March 2003 roundup: opposition leader Oscar Espinosa Chepe, Marcelo Lopez, and Margarito Broche. The action followed a meeting between the Spanish ambassador and Cuba's foreign minister. [17] In subsequent days four more dissidents were released: poet Raúl Rivero, Osvaldo Alfonso Valdes [18], journalist Edel Jose Garcia [19], and journalist Jorge Olivera. [20] Seven other prisoners had previously been released for health reasons. Sixty-one of the 75 original inmates remain behind bars.

[edit] Homosexuality

Main article Gay rights in Cuba. See also Socialism and sexual orientation

Sexual relations between same-sex consenting adults sixteen and over have been legal in Cuba since 1992, though same-sex relationships are not presently recognised by the state. Restrictions on public assembly and all non-state approved organizations effectively means that LGBT associations are not permitted.

Due to longstanding cultural tendencies, public antipathy towards LGBT people was traditionallly high, reflecting regional norms. This has eased somewhat following cultural changes to Cuban society in the 1990s, and subsequent gradual measures undertaken by the Cuban Government.^[20] Educational campaigns on LGBT issues are currently implemented by the National Center for Sex Education headed by Mariela Castro.

In 2003, Carlos Sanchez from the International Lesbian and Gay Association issued a report on the status of gay people in Cuba that claimed that the Cuban government no longer offers any legal punishment for its gay citizens, that there is a greater level of tolerance among Cubans for gay and transgender people, and that the Cuban government was open to endorsing a gay rights plank at the United Nations [21].

[edit] United Nations Human Rights Commission

Since 1990, The United States has presented various resolutions to the annual UN Human Rights Commission criticizing Cuba’s human rights record. The proposals and subsequent diplomatic disagreements have been described as a "nearly annual ritual".^[21] Long term consensus between nations has not emerged. The resolutions were passed 1990-1997, but were rejected in 1998. Nineteen countries voted against the proposal - including China and Russia - and 16, including the United States, Britain, France and Germany, voted in favor.^[21] Another 18 members, including many Latin American countries, abstained. Subsequent efforts by the U.S. have succeeded by narrow voting margins. In the Americas, some governments back the criticism, others oppose it, seeing it as a cynical manipulation of a serious human rights issue in order to promote the isolation of the island and to justify the decades-old embargo. ^[22] European Union nations have universally voted against Cuba since 1990, though requests that the resolution should contain references to the negative effects of the economic emargo have been made.^[23]

[edit] See also

• Cuban Five
• U.S. embargo against Cuba
• Women in Cuba

[edit] References

[edit] External links

• Amnesty International Report on Cuba (2005)
• The Facts Behind Cuba's Persecution of U.S. Agents
• "Gay Rights and Wrongs in Cuba" from the Gay and Lesbian Humanist
• Censorship in Cuba - International Freedom of Expression Exchange
• For constitutional rights: The Cuban Constitution
• Links to Human Rights reports on Cuba
• CUBA: Issues & Answers