Human rights situation in Cuba

from Wikipedia, the free encyclopedia

Numerous fundamental human rights according to the Universal Declaration of Human Rights are regularly disregarded by the Cuban government.

Liberty rights

Freedom rights like:

  • freedom of speech
  • Freedom of assembly
  • Freedom of information
  • Freedom of travel

are severely restricted. The Cuban government has a state media monopoly, which ensures that freedom of expression is almost non-existent. Independent journalists who try to undermine this monopoly of opinion run high risks. According to Reporters Without Borders , 25 reporters were arrested and sentenced to prison terms by July 2007. At the time, Cuba had the second highest number of journalists in the world after China. This only changed after 17 journalists were released in 2010. However, with Yoani Sánchez there is the first Cuban woman who has been running a blog from Cuba since the end of 2007, mentioning her name and photo , in which she reports on the difficult situation in Cuban everyday life.

Access to the internet is severely restricted and heavily censored. Internet connections from private individuals require authorization and are extremely rare. E-mail accounts with which contact abroad can be maintained via post offices can be closed without a reason. Reporters Without Borders assigned Cuba to the twelve "enemies of the Internet". Only around five percent of Cuban households had internet in 2015. Since 2011 there has been a loudly announced undersea fiber optic cable between Venezuela and Cuba, which is supposed to increase the international connection of Cuba by 3000 times and went into operation at the beginning of 2013. A proposal by the Senator of Florida, Marco Rubio , to supply the Cuban population with the Internet with the help of the new super Wi-Fi technology was described in Cuba as a “subversive plan to destabilize Cuba”. In 2013, Cuba opened 118 new internet rooms. One hour of surfing the World Wide Web there costs 2.00 CUC per hour, access to the Cuban intranet costs 0.60 CUC. However, given the average monthly wage of 20 CUC, this remains unaffordable for many Cubans. The prices, which were justified with the necessary investments in the infrastructure, should, however, be reduced gradually. With the opening of the Internet cafés, the establishment of a mobile data network for cell phones was announced in the “not too distant future”.

The freedom of assembly is severely restricted. Political dissidents are generally forbidden to gather in large groups. Only the demonstrations by the Damas de Blanco, which has received international human rights awards , have been tolerated by the authorities since April 2010, but only within a specified area in the Miramar district, which is far from the capital city center . Both in front of their homes and during occasional demonstrations in other places, however, the women in the group must continue to face state or state-organized disabilities, including violence.

Cuba was and is the only communist country in which Freemasonry is tolerated. As of 2014 there are 318 lodges with 30,000 Freemasons in Cuba.

Freedom of travel

The freedom of travel for Cubans is subject to severe restrictions - even after the new version of the Migration Act, which contained numerous simplifications and which was published in October 2012 and came into force in mid-January 2013. The bureaucratic and financial effort for Cubans to acquire the state-issued authorization for foreign travel has been significantly reduced for the majority of the population, the maximum travel duration has been increased and, for the first time since 2013, minors have been allowed to travel abroad. Even after the new law, the Cubans were still denied a general right to leave the country, as well as the general right to re-enter Cuba from abroad. The law explicitly states that any person (not just Cubans) can be refused entry from Cuba if the competent authorities so determine for undefined “reasons of public interest”.

The number of trips abroad by Cuban citizens increased significantly to more than 180,000 in the first eight months after the amendment to the travel legislation on the Caribbean island in January 2013. It is three times higher than in comparable periods before the new regulation.

In the past, government critics were often prevented from traveling abroad. At the beginning of February 2013, Eliécer Ávila was the first prominent government critic to travel abroad after the travel law reform came into force. Shortly afterwards, Yoani Sánchez , who became internationally known as a blogger, was able to go on a trip, which the authorities had prevented her from for years. However, the former political prisoners Ángel Moya and José Daniel Ferrer were denied the right to travel due to probation requirements. In February 2013, the dissident Gisela Delgado was the first Cuban woman to be refused entry on the grounds of her “counter-revolutionary activities”.

Persons staying abroad (not only Cubans) can be excluded from the possibility of entering Cuba by the authorities. a. the "participation in hostile actions against the political foundations of the state" given as the reason that makes entry impossible. Up until now, Cubans who had openly expressed their opposition views abroad have often been refused entry to Cuba. Both leaving and entering Cuba by Cuban nationals will, as before, be made dependent on the consent of the state and will in future be governed solely by the issuing of a passport that is valid for departure and entry, which the applicant can refuse at any time. Before the reform of the travel law, issuing a passport was not a problem for anyone, but a notarized invitation from abroad was required before each individual trip abroad before an official travel permit could be applied for.

Members of certain professional groups, who as specialists are of particular importance for the economy and society, are, as before, excluded from the general travel rules by special clauses and subject to stricter conditions. With reference to national interests, for example, a waiting period of up to five years from the travel application is provided for them. Leaving the country without permission is a criminal offense.

Freedom of movement within the country is also restricted: on the grounds of curbing the rural exodus and overpopulation in the capital, moving to Havana has been prohibited since 1997 without express official approval and subject to the threat of fines. Since then there have been repeated deportations of Cubans from the capital to their home provinces. Since 2011, spouses or first-degree relatives of people who are already legally resident in Havana have been exempt from this ban.

Freedom rights like:

  • General freedom of action
  • Freedom from arbitrary intrusions into privacy (apartment, confidentiality of letters, etc.)
  • Personal rights
  • Freedom of conscience and religion
  • Freedom of occupation

are formally guaranteed, but are subject to disproportionate restrictions.

Social human rights

Social human rights such as:

  • gender equality
  • Protection of families, pregnant women, mothers and children
  • Right to an adequate standard of living, including adequate food
  • Right to the best attainable state of health
  • right to education
  • Right to participate in cultural life
  • Right to work

are enshrined in law in Cuba and mostly have constitutional status .

The health system, which is relatively good for a country in the third world and in which medical advice and treatment is in principle free of charge for the population, lacks medicines, technical equipment and hygiene. The doctors are considered to be well trained, but are increasingly being sent to countries that are currently (2012) friendly with Cuba, such as Bolivia , Nicaragua and Venezuela . Medical care is the best in Latin America with 6.7 doctors per 1000 inhabitants. According to the Cuban government, Cuba has one of the world's lowest child mortality rates and high life expectancy . However, it is not possible to have these figures verified by independent observers.

The government is trying to compensate for the low monthly salaries of currently 26 US dollars (as of May 2016) and the significantly lower pensions with heavily subsidized goods , but the list of these goods is constantly being cut. In addition, those who have enough money also benefit from this subsidy policy. The supply of food to the population is generally a major problem for the Cuban government. As local agriculture is not very productive despite favorable climatic conditions and 50% of the land is fallow, 84% of the food has to be imported for foreign exchange .

The right to schooling is generally guaranteed in Cuba. The enrollment rate is 100%. However, the quality of school education has suffered in recent years as there is an acute shortage of teachers due to economic problems. Admittedly, access to universities no longer depends on their parents' wallet, as it did before the revolution , but applicants who are openly in opposition to socialist society have little chance of being accepted into the desired university course.

Equality between men and women is widely accepted in social life. Women have the same access to all professions as men. However, not all of the problems faced by Latin American macho society have been overcome. The closest leadership circle of the Cuban government consists entirely of men, although women make up a large proportion of the Cuban people's assembly .

The constitutionally guaranteed right to work has been put to the test since 2011, as around half a million people who were previously in government employment are to be released by March 2011. Depending on their length of employment, they receive unemployment benefits for up to six months at 60% of their basic salary. At least another half a million will follow shortly. The state hopes that the laid-off state employees will find employment in the somewhat deregulated private sector with 178 permitted areas of activity.

Ethnic disadvantage and racism

The institutional racism of the former Cuba was abolished after the victory of the revolution. However, racist attitudes and latent discrimination against the black part of the population have not been overcome since then. The pre-revolutionary and socio-ethnic social structure also shapes the current reproduction of social inequalities in Cuba. While the official Cuban statistics do not take into account the social differences due to skin color, a nationwide scientific survey shows that social inequalities have become increasingly visible in everyday life and that the Afro-Cuban population is structurally disadvantaged. Whites are disproportionately represented in prestigious management positions or in professions that promise foreign exchange income, for example in tourism. Blacks are also disadvantaged when it comes to admission to small private businesses, as they often require sufficient space in their own homes, a requirement that is more likely to be met by former members of the white middle and upper classes. The fact that only around five percent of the former black lower class emigrated abroad and that their relatives benefit significantly less from sending money from abroad further exacerbates the disadvantage of the black population group. After years of efforts by various actors from civil society and academia to publicly discuss the long politically taboo question of racism, prominent representatives of the Cuban Communist Party recognized for the first time under the presidency of Raúl Castro that discrimination based on skin color still exists and as a social one Problem is to be taken seriously. In December 2011, a committee of the Cuban parliament dealt with the issue of racism for the first time . The achievements of the radical social policy of socialist Cuba, which enabled social advancement for the formerly underprivileged classes, were slowed down by the economic crisis and the low wages of the past decades. The socialist leadership is reluctant to address this problem as it touches a key aspect of their revolutionary legitimacy. As a result, Cuba's national statistical office (ONE) publishes little data on the growing socio-economic divide.

Judicial human rights

In Cuba there is no rule of law , because there is no separation of powers between government and judiciary exists. In addition, some laws contradict general human rights - often in particular those laws which the state invokes in criminal proceedings against politically dissenters. A prominent example is the objectively irrefutable offense of Peligrosidad Social Predelectiva (pre-criminal social danger), for which a defendant can be sentenced to several years' imprisonment without any criminal offense. Access to law studies and thus to the legal professions is reserved for proponents of the political order. Open criticism leads to expulsion from the university system for students and teaching staff.

Prisons

In 2012, the Cuban government published data on the prison population for the first time: According to this, over 57,000 people were in custody, which corresponds to a rate of 512 prisoners per 100,000 inhabitants. It is difficult to estimate the number of political prisoners among this total number of prisoners. B. Dissidents are also arrested for non-political offenses such as “anti-social behavior”. According to the opposition Commission on Human Rights and National Reconciliation, there were around 50 political prisoners in Cuba in the spring. Prisoners are often housed away from their loved ones and visits are seldom allowed, nor do they have access to radio or newspapers. According to reports from former prison inmates, the most primitive living conditions, denied medical care, solitary confinement, mistreatment and sometimes torture are the order of the day. The government denies international human rights groups and local independent organizations access to the prisons. From 1960, the Castro regime rejected requests from the International Committee of the Red Cross (ICRC) for further inspection visits to Cuban prisons. After individual visits were granted again in 1988 and 1989, the government lifted its licensing practice from 1990, making Cuba the only country in the region where the ICRC is not allowed to visit prisoners.

death penalty

The death penalty has not been abolished and is intended for a wide range of crimes, including political ones.

The most recent execution of the death penalty was on April 11, 2003, following a three-year unofficial moratorium on executions. The executed had previously hijacked a harbor ferry, took other passengers hostage and threatened to kill them. Both the Catholic Church in Cuba and foreign governments, organizations and individuals criticized the verdict as disproportionately harsh, primarily because the kidnapping ended with no deaths or injuries, and the quick trial death sentence was carried out just one week after the judge's verdict.

In December 2010, the death sentence of the last death row inmate in Cuba was commuted to prison. According to Amnesty International, in 2005 more than 30 prisoners were on death row before their sentences were commuted.

Political prisoner

Opposition and critical expression of opinion is punished with the means of criminal law. Dissidents can be locked up for decades, several political prisoners had to serve such sentences in full. B. Mario Chanes de Armas from 1961 to 1991. According to the ley de peligrosidad , it is even possible to detain anyone who represents “a threat to socialism” indefinitely and without trial. Arbitrary mass arrests are often followed by arbitrary releases. In addition to the measures of the criminal law, there is also a whole range of "soft" measures with which the government takes action against critics: threats, harassment, house arrest, confiscation, public denigration and job loss.

According to Amnesty International, there were approximately 70 prisoners of conscience in 2005, around 70 in 2004 and 84 in 2003.

In mid-2010, mediation by the Catholic Church in Cuba and the Spanish government announced the release of 52 political prisoners by October 2010. All of them were among the 75 arrested in the so-called Black Spring in 2003. According to the unofficial Cuban human rights organization CCDHRN, more than 100 political prisoners were still in Cuban prisons after this release. All 36 people released by September 17, 2010 were expelled to Spain, where they were allowed to accompany their family members. By the end of 2010, a total of 41 political prisoners had been released, one of whom was allowed to stay in Cuba. According to Cardinal Ortega, the prisoners remaining up to this point either want to travel to the USA or stay in Cuba. However, the Cuban government only wants the dissidents known as “mercenaries” of the United States to emigrate to Spain, which has agreed to accept them.

While the number of political prisoners convicted by the court has decreased, the Cuban government has increasingly used the instrument of temporary arrest against opposition members in recent years. These detentions last anywhere from several hours to several days - and in rarer cases, weeks - and end with release without charge. In 2010, the CCDHRN documented a total of 2074 politically motivated, temporary arrests; in 2011 the number rose to a new high of 4123, which was clearly exceeded in 2012 with 6602 arrests. On December 24, 2011, President Raúl Castro announced an amnesty affecting around 3,000 prisoners, mostly non-political prisoners.

On January 19, 2012, after Orlando Zapata in 2010, another political prisoner, 31-year-old Wilman Villar Mendoza, died as a result of a hunger strike. He refused to eat after being sentenced on November 24, 2011 for "assaulting state authority". Villar publicly stood up for the rights of women in white in the province of Santiago de Cuba . Amnesty International recognized Villar as a prisoner of conscience and held the Cuban government jointly responsible for the dissident's death. In an official statement, however, the Cuban government denied on the one hand that Villar Mendoza was in custody for political reasons and, on the other hand, the hunger strike. Rather, he was an "ordinary violent criminal" and the cause of death was due to a serious respiratory infection.

In August 2013, Amnesty International requested the immediate and unconditional release of five named prisoners of conscience. These five are only the tip of the iceberg of Cuba's political system of repression. The only positive development in terms of human rights in Cuba is the migration law that came into force in January of that year, which now also allows government critics to travel abroad.

In September 2013, the Cuban Human Rights Commission stated that 547 people were arrested on political grounds in August.

Position of the Cuban government

The Cuban government takes the position that a restriction of fundamental rights is necessary in order to protect Cuba from intelligence attacks, in particular by the government of the USA and by Cubans in exile. Because these operate open and covert operations against Cuba.

Since the revolution and the independence of the Cuban state, the USA and groups in exile had repeatedly tried to destabilize or overthrow the Cuban system through political and secret service infiltration, but also through terrorist activities. The best known historical example of terrorist activity is the Bay of Pigs invasion by US-sponsored Cuban exiles.

For reasons of state preservation, Cuba therefore wants to grant Cuban exile groups whose supporters or dissidents in Cuba no right of assembly or freedom of the media in Cuba, since - according to the opinion of the Cuban government - they do not have the opportunity with democratic means, but with financial and logistical support from the USA would take to the coup.

Cuba has ratified the UN Women's Rights Convention with reservations and signed the additional protocol to the Women's Rights Convention.

On February 28, 2008, Cuba signed the Covenant on Civil and Political Rights and the Covenant on Economic, Social and Cultural Rights , but has not yet ratified and implemented it. Both conventions were adopted by the UN General Assembly in 1966 and are intended to give concrete form to the 1948 Universal Declaration of Human Rights .

International reactions

Especially Cubans who have fled abroad or who have emigrated into exile regularly draw attention to human rights violations in their homeland and have set up numerous organizations in various countries for this purpose, most of which are in direct contact with human rights activists in Cuba.

In addition, the largest human rights organizations Human Rights Watch and Amnesty International and others provide information on the human rights situation in the country - on the area of ​​freedom of the press and freedom of expression, especially Reporters Without Borders. Since 1990 the Cuban government has denied Amnesty International a visit to investigate the situation on the ground.

The UN Human Rights Commission reprimanded the country in 1999, 1997 and the previous six years.

Web links

Individual evidence

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  2. ^ A b Human Rights Watch : World Report 2008 - Cuba
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