CUBA
Country Reports on Human Rights Practices
2003
Released
by the Bureau of Democracy, Human Rights,
and Labor February 25, 2004, U.S. Department
of State.
Full
report
Preface
Overview
and Acknowledgements
Introduction
Cuba is a totalitarian state
controlled by Fidel Castro, who is chief
of state with the titles of president, head
of government, first secretary of the Communist
Party, and commander in chief of the armed
forces. Castro exercises control over all
aspects of life through the Communist Party
and its affiliated mass organizations, the
government bureaucracy headed by the Council
of State, and the state security apparatus.
In March, Castro declared his intent to
remain in power for life. The Communist
Party is the only legal political entity,
and Castro personally chooses the membership
of the Politburo, the select group that
heads the party. There are no contested
elections for the 609-member National Assembly
of People's Power (ANPP), which meets twice
a year for a few days to rubber stamp decisions
and policies previously decided by the governing
Council of State, which Castro heads. On
January 19, the Government held general
elections for all 609 seats on the ANPP.
The Communist Party controls all government
positions, including judicial offices. The
judiciary is completely subordinate to the
Government and to the Communist Party.
The Ministry of Interior is the principal
entity of state security and totalitarian
control. Officers of the Revolutionary Armed
Forces, which are led by Fidel Castro's
brother, General Raul Castro, were assigned
to the majority of key positions in the
Ministry of Interior in the past several
years. In addition to the routine law enforcement
functions of regulating migration and controlling
the Border Guard and the regular police
forces, the Interior Ministry's Department
of State Security investigated and actively
suppressed political opposition and dissent.
It maintained a pervasive system of surveillance
through undercover agents, informers, rapid
response brigades (RRBs), and neighborhood-based
Committees for the Defense of the Revolution
(CDRs). The Government traditionally has
used the CDRs to mobilize citizens against
dissenters, impose ideological conformity,
and root out "counterrevolutionary"
behavior. RRBs consisted of workers from
a particular brigade (construction workers,
a factory, etc.) that were organized by
the Communist Party to react forcefully
to any situation of social unrest. The Government
on occasion used RRBs instead of the police
or military during such situations. Members
of the security forces committed numerous,
serious human rights abuses.
The economy was centrally planned, with
some elements of state-managed capitalism
in sectors such as tourism and mining. The
country's population was approximately 11
million. The economy depended heavily on
primary products such as sugar and minerals,
but also on its recently developed tourism
industry and emmigrant remittances. The
economy performed poorly during the year,
primarily due to inefficient policies. The
annual sugar harvest was the smallest since
1933, partly as the result of a restructuring
of the sugar industry that included the
closure of half the country's sugar mills
and the elimination of one-quarter of the
jobs in the industry. Government officials
predicted the economy would grow by 1.5
percent during the year. Government policy
was officially aimed at preventing economic
disparity, but persons with access to dollars
enjoyed a significantly higher standard
of living than those with access only to
pesos. During the year, the Government repressed
small-scale businesses and announced substantial
new taxes for private room renters, imposing
additional hardships for those operating
in the country's small private sector. A
system of "tourist apartheid"
continued, whereby citizens were denied
access to hotels, beaches, and resorts reserved
for foreign tourists.
The Government's poor human rights record
worsened, and it continued to commit numerous
serious abuses. Citizens did not have the
right to change their government peacefully.
Although the Constitution allows legislative
proposals backed by at least 10,000 citizens
to be submitted directly to the ANPP, in
2002, the Government rejected a petition
known as the Varela Project with more than
11,000 signatures calling for a national
referendum on political and economic reforms.
In October, Project Varela organizers submitted
a second petition to the ANPP with more
than 14,000 new signatories. Communist Party-affiliated
mass organizations tightly controlled elections
to provincial and national legislative bodies,
resulting in the selection of single, government-approved
candidates. In March, the Government arrested
75 human rights activists, independent journalists,
and opposition political figures on various
charges, including aiding a foreign power
and violating national security laws. Authorities
subjected the detainees to summary trials
and sentenced them to prison terms ranging
from 6 to 28 years.
During the year, other human rights activists
were arrested for acts such as possessing
and publicly displaying human rights literature,
receiving money and medicine from abroad
for families of political prisoners, communicating
with international media organizations,
and organizing meetings and demonstrations
to call for political reforms. Members of
the security forces and prison officials
continued to beat and abuse detainees and
prisoners, including human rights activists.
The Government failed to prosecute or sanction
adequately members of the security forces
and prison guards who committed abuses.
Prison conditions remained harsh and life
threatening, and the Government restricted
medical care to some prisoners as a method
of control. Prisoners died in jail due to
lack of medical care. The authorities routinely
continued to harass, threaten, arbitrarily
arrest, detain, imprison, and defame human
rights advocates and members of independent
professional associations, including journalists,
economists, doctors, and lawyers, often
with the goal of coercing them into leaving
the country. The Government used internal
and external exile against such persons.
The Government denied political dissidents
and human rights advocates due process and
subjected them to unfair trials. The Government
infringed on citizens' privacy rights. The
Government denied citizens the freedoms
of speech, press, assembly, and association
and closely monitored domestic and international
journalists through physical and electronic
surveillance. It limited the distribution
of foreign publications and news, restricted
access to the Internet, and maintained strict
censorship of news and information to the
public. The Government restricted some religious
activities but permitted others. The Government
limited the entry of religious workers to
the country. The Government maintained tight
restrictions on freedom of movement, including
foreign travel and did not allow some citizens
to leave the country. The Government was
sharply and publicly antagonistic to all
criticism of its human rights practices
and discouraged foreign contacts with human
rights activists. Violence against women,
especially domestic violence, and child
prostitution were problems. Racial discrimination
was a problem. The Government severely restricted
worker rights, including the right to form
independent unions.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the
Person, Including Freedom From: a. Arbitrary
and Unlawful Deprivation of LifeThere were
no political killings; however, on April
11, the Government summarily executed three
persons for hijacking a ferry, following
a summary trial and a perfunctory review
of the death sentences.
In March, the three men, Lorenzo Copello
Castillo, Barbaro Sevilla Garcia, and Jorge
Martinez Isaac, were arrested for hijacking
a ferry during an effort to migrate illegally.
On April 5, the Havana City Provincial Court
began the trial and convicted the three
men on April 8. On April 9, the Supreme
Court rejected their appeal and the Council
of State confirmed the death sentences.
On April 11, the Government executed the
men and did not advise their families until
they had been buried. The Inter-American
Commission on Human Rights (IACHR) and other
international observers criticized the executions,
in particular, the summary nature of the
hijackers' trials and the absence of due
process. The IACHR determined that the process
leading up to the executions constituted
"the arbitrary deprivation of life."
Local human rights monitors noted the especially
harsh nature of the punishments in view
of the fact that no persons were injured
during the hijacking.
During the year, there were reports that
prisoners died in jail due to lack of medical
care (see Section 1.c.).
b. Disappearance
There were no reports of politically motivated
disappearances.
c. Torture and Other Cruel, Inhuman, or
Degrading Treatment or Punishment
The Constitution prohibits abusive treatment
of detainees and prisoners; however, members
of the security forces sometimes beat and
otherwise abused human rights advocates,
detainees, and prisoners. The Government
took no steps to curb these abuses. There
continued to be numerous reports of disproportionate
police harassment of black youths (see Section
5).
On January 22, police forced Jose Daniel
Ferrer Garcia and a colleague from a bus
and beat them. Ferrer was a local leader
of the Christian Liberation Movement and
a Project Varela organizer. In April, the
Santiago Provincial Court sentenced him
to 25 years' imprisonment for "acts
against the independence or the territorial
integrity of the State" (see Section
1.e.).
On February 11, police in Santiago Province
beat Daniel Perea Garcia of the Christian
Liberation Movement and dragged him to a
local police station, where he was fined
and released. Perea was one of several members
of the Christian Liberation Movement arrested
following a series of government-organized
attacks against opposition members in Santiago
Province.
The Government continued to subject persons
who disagreed with it to what it called
acts of repudiation. At government instigation,
members of state-controlled mass organizations,
fellow workers, or neighbors of intended
victims were obliged to stage public protests
against those who dissented from the Government's
policies, shouting obscenities and often
causing damage to the homes and property
of those targeted; physical attacks on the
victims sometimes occurred. Police and state
security agents often were present but took
no action to prevent or end the attacks.
Those who refused to participate in these
actions faced disciplinary action, including
loss of employment.
In January, the first secretary of the
Communist Party in Granma Province and several
government candidates for the January 19
ANPP elections directed several dozen persons
to engage in an act of repudiation against
Tania de la Torre Montesinos of the Assembly
to Promote Civil Society. Government officials
placed young children in front of baton-wielding
adults and instructed the children to yell
pro-government slogans at de la Torre.
On February 4, 100 members of an RRB attacked
the home of Jesus Mustafa Felipe of the
Christian Liberation Movement, shouting
death threats and pro-government slogans.
According to the opposition members who
took refuge in Mustafa's home, several individuals
sprayed a toxic pesticide into the home
during the attack. On February 18, Mustafa
was tried on charges of "contempt of
authority" and sentenced to 18 months'
imprisonment. In March, the authorities
levied additional charges against Mustafa
and sentenced him to 25 years' imprisonment
following a summary trial (see Section 1.e.).
There were also smaller-scale acts of repudiation,
known as "reuniones relampagos"
or rapid repudiations. These acts were conducted
by a small number of persons, usually not
from the target's neighborhood, and lasted
up to 30 minutes. These individuals shouted
epithets and threw stones or other objects
at the victim's house.
On July 30, members of a CDR shouted pro-government
slogans at fellow CDR member Olga Lidia
Arbolaez Crespo for having signed the Varela
petition. According to an independent journalist,
Arbolaez was forced to take refuge in her
home when her attackers threatened to stone
her for stating that citizens needed greater
political freedoms and for making other
"subversive statements."
Prison conditions continued to be harsh
and life threatening, and conditions in
detention facilities also were harsh. The
Government claimed that prisoners had rights
such as family visitation, adequate nutrition,
pay for work, the right to request parole,
and the right to petition the prison director;
however, police and prison officials often
denied these rights in practice, and beat,
neglected, isolated, and denied medical
treatment to detainees and prisoners, including
those convicted of political crimes or those
who persisted in expressing their views.
The Penal Code prohibits the use of corporal
punishment on prisoners and the use of any
means to humiliate prisoners or to lessen
their dignity; however, the code fails to
establish penalties for committing such
acts, and they continued to occur in practice.
Detainees and prisoners, both common and
political, often were subjected to repeated,
vigorous interrogations designed to coerce
them into signing incriminating statements,
to force collaboration with authorities,
or to intimidate victims. Some endured physical
and sexual abuse, typically by other inmates
with the acquiescence of guards, or long
periods in punitive isolation cells. Pretrial
detainees were generally held separately
from convicted prisoners, although some
long-term detainees, including political
detainees, were held with convicted prisoners.
In Havana, there were two detention centers;
once sentenced, persons were transferred
to a prison.
In June, political prisoner Manuel Vazquez
Portal, one of 75 activists arrested by
the Government in March, reported that his
cell flooded with water every day and that
sewage from a latrine regularly spilled
into his cell. Vazquez was sentenced to
18 years' imprisonment for his work as an
independent journalist (see Section 2.a.).
Prisoners sometimes were held in "punishment
cells," which usually were located
in the basement of a prison, were semi-dark
all the time, had no water available in
the cell, and had a hole for a toilet. No
reading materials were allowed, and family
visits were reduced to 10 minutes from 1
or 2 hours. There was no access to lawyers
while in the punishment cell.
On January 31, a political reeducation
officer beat jailed independent journalist
Carlos Brizuela Yera for having copies of
the Universal Declaration of Human Rights
and a report from the international nongovernmental
organization (NGO) Reporters Without Borders.
Brizuela was arrested in March 2002 on charges
of public disorder, resistance, and contempt
for authority and remained jailed without
trial.
On September 2, prison officials beat political
prisoner Angel Ramon Eireos Rodriguez, of
the February 24 Movement, with a club for
demanding improved prison conditions. Eireos
was jailed on February 28 and was serving
a 20-month sentence on charges of "resistance"
and "contempt for authority."
Prison guards and state security officials
subjected human rights and prodemocracy
activists to threats of physical violence,
to systematic psychological intimidation,
and to detention or imprisonment in cells
with common and violent criminals, sexually
aggressive inmates, or state security agents
posing as prisoners.
In January, political prisoner Juan Carlos
Gonzalez Leyva reported that another inmate
had entered his cell during the night and
attempted to bludgeon him but fled when
Gonzalez Leyva awoke. Prison authorities
told Gonzalez Leyva's family that they would
take steps to prevent further such incidents.
Gonzalez Leyva, who is blind, was arrested
in March 2002 on charges of "contempt
for authority, public disorder, disobedience,
and resistance." Prosecutors requested
a 6-year sentence for Gonzalez, but at year's
end he remained jailed without trial.
On September 18, five political prisoners
at 1580 Prison in Havana went on a hunger
strike to demand protection from common
prisoners, who were beating political prisoners
at the instigation of prison guards. On
September 22, police beat two of the hunger
strikers, Iosvani Aguilar Camejo and Jose
Enrique Santana, to induce them to give
up their protest. Aguilar and Santana were
among the 300 persons rounded up by the
Government in February 2002 after 21 asylum
seekers used a bus to break into the Mexican
Embassy.
In October, seven political prisoners at
Holguin Provincial Prison went on a hunger
strike to protest the beating of jailed
independent journalist Ivan Hernandez Carrillo
by the prison official in charge of political
re-education. Prison authorities denied
a request by the families of the hunger
strikers to see the prisoners to assess
their health and barred the prisoners from
otherwise communicating with their families.
Prison officials ended the protest in November
by separating the hunger strikers and sending
them to different prisons.
In October, the family of Leonardo Bruzon
Avila reported that he would be on a hunger
strike from October 10 to November 11 to
demand the release of all political prisoners.
State Security officials reportedly offered
to release Bruzon in July if he would allow
himself to be filmed conversing with them.
Bruzon declined the offer, suspecting authorities
would use such a film falsely to allege
that he was a Government agent, and officials
transferred him from a medical detention
facility to a regular prison. Bruzon was
jailed in February 2002 on charges of civil
disobedience and, at year's end, remained
jailed without trial.
On December 6, a common prisoner in Holguin
Provincial Prison beat 54-year-old political
prisoner Adolfo Fernandez Sainz until Ferandez
was unconscious. The prisoner who carried
out the beating was authorized by prison
guards to exercise control over other inmates.
Prison officials told Fernandez the common
prisoner should have beaten him harder in
order to kill him. In April, Fernandez was
sentenced to 15 years' imprisonment for
his work as an independent journalist (see
Section 2.a.).
Political prisoners were required to comply
with the rules for common criminals and
often were punished severely if they refused.
They often were placed in punishment cells
and held in isolation.
On June 9, Elsa Morejon, the wife of political
prisoner Oscar Elias Biscet, reported that
Biscet was being held in a tiny isolation
cell for refusing to wear a prison uniform.
Morejon asserted that common prisoners were
permitted to wear their civilian clothes
and believed that Biscet was being singled
out for punishment because of his political
views. Biscet's cell was sealed to prevent
daylight from entering, and he was not permitted
to leave his cell for exercise or to have
a Bible. The authorities barred Biscet from
receiving visitors from March until August,
when he was permitted to see his wife. Biscet's
conditions improved in August, although
he continued to refuse to wear the prison
uniform. In November, he was placed in a
punishment cell with a convicted murderer
for 21 days for allegedly inciting other
prisoners to demand improved treatment by
prison officials and authorities again suspended
family visits. In December, authorities
advised Morejon that Biscet would be placed
in a punishment cell indefinitely for failing
to show proper deference to prison officials.
Biscet was 1 of 75 political detainees subjected
to summary trials in April (see Section
1.e.).
The Government regularly failed to provide
adequate nutrition and medical attention,
and a number of prisoners died during the
year due to lack of medical attention. Both
the IACHR and the former U.N. Special Rapporteur
on the country, as well as other human rights
monitoring organizations, have reported
the widespread incidence in prisons of tuberculosis,
scabies, hepatitis, parasitic infections,
and malnutrition. On July 30, Amnesty International
(AI) expressed concern to the Government
regarding the poor health of numerous political
prisoners, the limitations on family visits
for some political prisoners, and the incarceration
of many political prisoners far from their
home provinces. The Government did not respond
to AI.
In May, Miriam Leyva, the wife of jailed
independent journalist Oscar Espinosa Chepe,
reported that prison officials were failing
to provide adequate medical treatment for
Chepe, who suffers from liver disease, high
blood pressure, intestinal polyps, and other
illnesses. Chepe was 1 of 28 independent
journalists sentenced to long prison terms
in April following summary trials (see Section
2.a.). According to Leyva, Chepe lost 25
pounds due to diarrhea and lack of medical
care in the weeks following his arrest,
conditions aggravated by his transfer to
a prison 500 miles from Havana. Prison officials
refused Leyva's numerous requests to see
Chepe or to provide him medication. A prison
doctor informed Leyva that State Security
agents, rather than medical staff, determined
what medication would be administered to
Chepe. In August, prison officials transferred
Chepe to a military hospital in Havana,
where he received improved medical care
and was permitted to see his wife but remained
in poor health. Leyva complained that prison
officials limited her access to Chepe's
doctors and kept Chepe heavily sedated.
In July, jailed independent journalist
Juan Carlos Herrera Acosta reported that
common prisoner Carlos Duane died of a heart
attack after prison medical officials repeatedly
refused to respond to Duane's complaints
of chest pains.
Prison officials regularly denied prisoners
other rights, such as the right to correspondence,
and continued to confiscate medications
and food brought by family members for political
prisoners. Some prison directors routinely
denied religious workers access to detainees
and prisoners. Reading materials, including
Bibles, were not allowed in punishment cells.
In September, officials at Kilo 8 Prison
in Camaguey Province threatened to suspend
family visits for nine political prisoners
who read aloud to each other from the Bible.
The nine prisoners, Eduardo Diaz Fleites,
Ricardo Gonzalez Alfonso, Lester Gonzalez
Penton, Juan Carlos Herrera Acosta, Regis
Iglesias Ramirez, Jose Miguel Martinez,
Omar Rodriguez Saludes, Claro Sanchez Altarriba,
and Miguel Valdes Tamayo, were among the
75 activists and independent journalists
arrested in March and sentenced to long
prison terms following summary trials (see
Section 1.e.).
There were separate prison facilities for
women and for minors. Conditions of these
prisons, especially for women, did not take
into account the special needs of women.
Human rights activists believed that conditions
were poor.
The Government did not permit independent
monitoring of prison conditions by international
or national human rights monitoring groups.
The Government has refused to allow prison
visits by the International Committee of
the Red Cross (ICRC) since 1989.
d. Arbitrary Arrest, Detention, or Exile
Arbitrary arrest and detention continued
to be problems, and they remained the Government's
most effective and commonly used tactics
for harassing opponents. The Law of Penal
Procedures requires police to file formal
charges and either release a detainee or
bring the case before a prosecutor within
96 hours of arrest. It also requires the
authorities to provide suspects with access
to a lawyer within 7 days of arrest. However,
the Constitution states that all legally
recognized civil liberties can be denied
to anyone who actively opposes the decision
of the people to build socialism. The authorities
routinely invoked this sweeping authority
to deny due process to those detained on
purported state security grounds.
The Ministry of the Interior exercises
control over police and internal security
forces. The National Revolutionary Police
(PNR) is the primary law enforcement organization
and was generally effective in investigating
common crimes. Specialized units of the
Ministry of the Interior are responsible
for monitoring, infiltrating and suppressing
opposition political groups, although the
PNR does play a supporting role by carrying
out house searches and providing interrogation
facilities for State Security agents. There
were few reports of corruption, although
authorities arrested several PNR officers
in January on corruption charges during
a crackdown on narcotics trafficking and
other illegal activities.
The authorities routinely engaged in arbitrary
arrest and detention of human rights advocates,
subjecting them to interrogations, threats,
and degrading treatment and unsanitary conditions
for hours or days at a time. Police frequently
lacked warrants when carrying out arrests
or issued warrants themselves at the time
of arrest. Authorities sometimes employed
false charges of common crimes to arrest
political opponents. Detainees often were
not informed of the charges against them.
The authorities continued to detain human
rights activists and independent journalists
for short periods, often to prevent them
from attending or participating in events
related to human rights issues (see Sections
2.a. and 2.b.). The authorities also placed
such activists under house arrest for short
periods for similar reasons.
In March, authorities arrested 75 human
rights activists, journalists, and opposition
political figures, charging them with various
crimes, including national security violations
and aiding a foreign power. The U.N. High
Commissioner for Human Rights expressed
concern regarding the arrests and summary
trials, as did many governments, international
organizations, and public figures. The 75
political prisoners included 28 independent
journalists, 9 independent librarians, and
at least 21 persons affiliated with the
Varela petition. Several of the prisoners
were elderly; 21 of the prisoners were over
the age of 50.
In mid-March, police arrested Regis Iglesias
Ramirez of the Christian Liberation Movement
on charges of "acts against the independence
or the territorial integrity of the State."
On April 5, the Havana City Provincial Court
sentenced Iglesias, a Project Varela organizer,
to 18 years' imprisonment (see Section 1.e.).
On March 18, Ministry of the Interior officials
arrested poet and independent journalist
Raul Rivero on charges that he carried out
"acts against the independence or the
territorial integrity of the State."
On April 5, he was convicted and sentenced
to 20 years' imprisonment (see Section 2.a.).
On March 20, Ministry of the Interior officials
arrested Martha Beatriz Roque of the Assembly
to Promote Civil Society for acts against
the independence or the territorial integrity
of the State.
On March 25, police arrested human rights
monitor Marcelo Manuel Lopez Banobre of
the Cuban Commission for Human Rights and
National Reconciliation after he visited
a foreign embassy in Havana. The authorities
subjected Lopez to a summary trial and sentenced
him to 15 years' imprisonment under Article
91 of the Penal Code, acts against the independence
or the territorial integrity of the State
(see Section 1.e.). He was penalized in
part for his work on behalf of AI and other
international human rights organizations.
Many of the 75 activists subjected to summary
trials in April reported that they had little
or no access to a lawyer and many were only
advised of the charges against them as the
trials were about to begin. For example,
independent journalist Manuel Vazquez Portal
was arrested on March 19 but was not able
to see a lawyer until the day of his trial
on April 4.
There were at least 32 political detainees
awaiting trial at year's end. Most of the
32 had been held for more than 1 year.
According to relatives, approximately 9
of the 300 persons arrested near the Mexican
Embassy in February 2002 remained jailed
without trial at year's end.
The Government often held persons without
charges for months and then released them,
which avoided the spectacle of a trial.
State security police used detentions and
warnings to prevent organizations around
the country from performing any actions
in remembrance of the four pilots killed
in February 1996 by military aircraft.
The authorities sometimes detained independent
journalists in order to question them about
contacts with foreigners or to prevent them
from covering sensitive issues or criticizing
the Government (see Section 2.a.).
Time in detention before trial counted
toward time served if convicted. Bail was
available and usually was low and more equivalent
to a fine.
The Penal Code 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."
If the police decide that a person exhibits
signs of dangerousness, they may bring the
offender before a court or subject him to
therapy or political reeducation. Government
authorities regularly threatened prosecution
under this provision. Both the U.N. Commission
on Human Rights and the IACHR criticized
this tactic for its subjectivity, the summary
nature of the judicial proceedings employed,
the lack of legal safeguards, and the political
considerations behind its application. According
to the IACHR, the so-called special inclination
to commit crimes referred to in the Penal
Code amounted to a subjective criterion
used by the Government to justify violations
of individual freedoms and due process for
persons whose sole crime was to hold a view
different from the official view.
The Government also used exile as a tool
for controlling and eliminating internal
opposition. The Penal Code permits the authorities
to bar an individual from a certain area
or to restrict an individual to a certain
area for a period of from 1 to 10 years.
Under this provision, authorities may exile
any person whose presence in a given location
would be "socially dangerous."
On May 23, Ministry of the Interior officers
advised independent journalist Oscar Mario
Gonzalez that he should not return from
a planned trip to Spain. The officials warned
Gonzalez that he could be jailed for 25
years if he continued to work as a journalist.
The Government pressured imprisoned human
rights activists and political prisoners
to apply for emigration and regularly conditioned
their release on acceptance of exile. Human
Rights Watch (HRW) observed that the Government
routinely invoked forced exile as a condition
for prisoner releases and also pressured
activists to leave the country to escape
future prosecution. AI expressed particular
concern about the Government's practice
of threatening to charge, try, and imprison
human rights advocates and independent journalists
prior to arrest or sentencing if they did
not leave the country. According to AI,
this practice "effectively prevents
those concerned from being able to act in
public life in their own country."
e. Denial of Fair Public Trial
The Constitution provides for independent
courts; however, it explicitly subordinates
the courts to the ANPP and the Council of
State. The ANPP and its lower level counterparts
choose all judges. The subordination of
the courts to the Communist Party, which
the Constitution designates as the superior
directive force of society and the State,
further compromises the judiciary's independence.
The courts undermined the right to a fair
trial by restricting the right to a defense
and often failed to observe the few due
process rights available to defendants.
Civilian courts existed at the municipal,
provincial, and supreme court levels. Panels
composed of a mix of professionally certified
and lay judges presided over them. There
was a right to appeal, access to counsel,
and charges were generally known to the
defendant, although several political detainees
subjected to summary trials in April were
unaware of the charges against them until
moments before their trials were set to
begin. Defendants enjoyed a presumption
of innocence, but the authorities often
ignored this right in practice.
Military tribunals assumed jurisdiction
for certain counterrevolutionary cases and
were governed by a special law. The military
tribunals processed civilians if a member
of the military was involved with civilians
in a crime. There was a right to appeal,
access to counsel, and the charges were
known to the defendant.
The law and trial practices did not meet
international standards for fair public
trials. Almost all cases were tried in less
than 1 day; there were no jury trials. While
most trials were public, trials were closed
when there were alleged violations of state
security. Prosecutors may introduce testimony
from a CDR member about the revolutionary
background of a defendant, which may contribute
to either a longer or shorter sentence.
The law recognizes the right of appeal in
municipal courts but limits it in provincial
courts to cases such as those involving
maximum prison terms or the death penalty.
Appeals in capital cases are automatic.
The Council of State ultimately must affirm
capital punishment.
Criteria for presenting evidence, especially
in cases involving human rights advocates,
were arbitrary and discriminatory. Often
the sole evidence provided, particularly
in political cases, was the defendant's
confession, usually obtained under duress
and without the legal advice or knowledge
of a defense lawyer (see Section 1.c.).
The authorities regularly denied defendants
access to their lawyers until the day of
the trial. Several dissidents who served
prison terms reported that they were tried
and sentenced without counsel and were not
allowed to speak on their own behalf.
In early April, the Government summarily
tried 75 independent journalists, human
rights activists, and members of the political
opposition for alleged acts against the
independence or the territorial integrity
of the State or aiding a foreign power.
All 75 of the detainees were arrested, tried,
convicted, and sentenced within a period
of 20 days. On April 9, the Government asserted
the 75 detainees were provided adequate
legal guarantees during the trials; however,
the families of the detainees disputed that
assertion. Most defense attorneys for the
75 detainees had less than 24 hours to prepare
for trial, and several defendants were unaware
that they were going to be tried until the
moment they were escorted into the courtroom.
The authorities permitted small numbers
of family members to attend the trials but
excluded public and diplomatic observers
and packed the courtrooms with regime supporters.
The family of Luis Enrique Ferrer Garcia
of the Christian Liberation Movement was
barred from the courtroom during his trial,
and members of the public reportedly pushed
Ferrer's 56-year-old mother to the ground
as she waited outside for the verdict. Much
of the evidence against the defendants consisted
of unsubstantiated or unspecified allegations
of activities against the Government on
behalf of a foreign power and vague accusations
of "counterrevolutionary" behavior.
The testimony provided by 12 State Security
agents infiltrated into opposition groups
consisted primarily of attacks against the
character of several of the defendants.
In June, AI found that, "the conduct
for which dissidents were prosecuted was
not self-evidently criminal; it was nonviolent
and appeared to fall within the parameters
of the legitimate exercise of fundamental
freedoms as provided under international
standards." AI determined that all
75 jailed activists were "prisoners
of conscience."
The law provides the accused with the right
to an attorney, but the control that the
Government exerted over the livelihood of
members of the state-controlled lawyers'
collectives compromised their ability to
represent clients, especially when they
defended persons accused of state security
crimes. Attorneys reported reluctance to
defend those charged in political cases
due to fear of jeopardizing their own careers.
On April 4, the Havana City Provincial
Court sentenced Martha Beatriz Roque Cabello
of the Assembly to Promote Civil Society
to 20 years' imprisonment for "activities
aimed at subverting the internal order of
the Cuban State" and for allegedly
receiving funds from and maintaining links
to a foreign government. Prosecutors, who
had requested a life sentence for Roque,
failed to specify how Roque's activities
had threatened the stability of the Government.
Roque was arrested on March 20 while undertaking
a fast to draw attention to the case of
Oscar Elias Biscet and other political prisoners.
On April 5, the Havana City Provincial
Court sentenced Pedro Pablo Alvarez Ramos
of the United Cuban Workers Council to 25
years' imprisonment for acts against the
independence or the territorial integrity
of the State. Much of the evidence against
Alvarez consisted of an inventory of materials
in his possession, including a fax machine,
fax paper, and a video camera, as well as
evidence of his contacts with unions in
Latin America and Europe (see Section 6.a.).
On April 5, the Havana City Provincial
Court sentenced Antonio Diaz of the Christian
Liberation Movement to 18 years' imprisonment
for acts against the independence or the
territorial integrity of the State. The
sentencing document indicated that business
cards found in Diaz' possession demonstrated
his links to foreign diplomats and that
these links, together with Diaz' comments
to foreign media and his possession of "counterrevolutionary"
books, constituted a grave threat to national
security.
On April 8, the Havana City Provincial
Court sentenced Oscar Elias Biscet of the
Lawton Human Rights Foundation to 25 years'
imprisonment for unspecified acts against
the independence or territorial integrity
of the State. At the time of his trial,
Biscet was in detention on separate charges
of public disorder stemming from his arrest
in December 2002 for attempting to organize
a human rights seminar. Biscet was released
from prison in October 2002 after serving
a 3-year sentence for "insulting the
symbols of the Fatherland" and public
disorder.
Human rights monitoring groups inside the
country estimated the number of political
prisoners to be between 300 and 400 persons.
The authorities imprisoned persons on charges
such as disseminating enemy propaganda,
illicit association, contempt for the authorities
(usually for criticizing President Castro),
clandestine printing, or the broad charge
of rebellion, which often was brought against
advocates of peaceful democratic change.
The Government did not permit access to
political prisoners by human rights organizations.
It continued to deny access to prisoners
by the ICRC.
f. Arbitrary Interference with Privacy,
Family, Home, or
Correspondence
Although the Constitution provides for
the inviolability of a citizen's home and
correspondence, official surveillance of
private and family affairs by government-controlled
mass organizations, such as the CDRs, remained
one of the most pervasive and repressive
features of daily life. The Government employed
physical and electronic surveillance against
nonviolent political opponents. The State
assumed the right to interfere in the lives
of citizens, even those who did not oppose
the Government and its practices actively.
The authorities utilized a wide range of
social controls. The mass organizations'
ostensible purpose was to improve the citizenry,
but in fact their goal was to discover and
discourage nonconformity. Although official
statistics indicated that CDRs have grown
over the past decade and included 93.5 percent
of the population over the age of 14, in
reality, citizen participation in these
mass organizations declined. The economic
crisis both reduced the Government's ability
to provide material incentives for their
participation and forced many persons to
engage in black market activities, which
the mass organizations were supposed to
report to the authorities.
The Interior Ministry employed an intricate
system of informants and block committees
(the CDRs) to monitor and control public
opinion. While less capable than in the
past, CDRs continued to report on suspicious
activity, including conspicuous consumption;
unauthorized meetings, including those with
foreigners; and defiant attitudes toward
the Government and the revolution.
The Government controlled all access to
the Internet, and all electronic mail messages
were subject to censorship. Dial-up Internet
service was prohibitively expensive for
most citizens. The Interior Ministry's Department
of State Security often read international
correspondence and monitored overseas telephone
calls and conversations with foreigners.
The Government also monitored domestic phone
calls and correspondence. The Government
sometimes denied telephone service to political
dissidents. Cell phones generally were not
available to average citizens.
In April, authorities revealed that they
used hotel waiters and other nonofficial
persons to monitor the conversations of
regime opponents in public places. Government
prosecutors used testimony by waiters at
the Hotel Nacional in Havana to help convict
and sentence to lengthy prison terms the
75 political opponents during summary trials
in April (see Section 1.e.).
In early August, officers of the Ministry
of the Interior threatened to arrest the
wife of political prisoner Blas Giraldo
Reyes Rodriguez if she continued to receive
activists who visited her to express sympathy
for the jailing of her husband. Police told
Isel de las Mercedes Acosta Obregon that
they would try her for violating the Law
to Protect National Independence and the
Economy (Law 88) (see Section 2.a.) if she
did not cease "counterrevolutionary
activities."
On September 5, police threatened to take
the 3-month-old daughter of Milka Pena,
the wife of political prisoner Luis Enrique
Ferrer Garcia. Police also warned Pena that
they could prevent her from receiving remittances
from abroad, her major source of income
since the jailing of her husband in March.
Police did not explain why they were threatening
Pena, but she assumed it was because she
had a sign on her home calling for the release
of political prisoners.
There were numerous credible reports of
forced evictions of squatters and residents
who lacked official permission to reside
in Havana. The number of forced evictions
increased throughout the country during
the year as the Government enforced new,
stricter regulations against housing "illegalities."
On January 14, police in Santa Clara Province
evicted 11 families from their houses and
demolished the structures, despite the fact
that the owner of the property authorized
the families to settle there. The authorities
gave the families 72 hours to remove their
belongings before evicting them.
In late September, police evicted Hilda
Machado from her home in Havana Province
for building a home without the required
permit. Machado complained that she previously
paid a fine for building without a permit,
but had been allowed to continue construction.
Several dozen neighbors protested Machado's
eviction but were unable to stop officials
from seizing her property.
Section 2 Respect for Civil Liberties,
Including:
a. Freedom of Speech and Press
The Constitution provides for citizens'
freedoms of speech and press insofar as
they "conform to the aims of socialist
society"; this clause effectively bars
free speech. In law and in practice, the
Government did not allow criticism of the
revolution or its leaders. Laws against
anti-government propaganda, graffiti, and
disrespect of officials impose penalties
between 3 months and 1 year in prison. If
President Castro or members of the ANPP
or Council of State were the objects of
criticism, the sentence could be extended
to 3 years. Charges of disseminating enemy
propaganda, which included merely expressing
opinions at odds with those of the Government,
could bring sentences of up to 14 years.
In the Government's view, such materials
as the Universal Declaration of Human Rights,
international reports of human rights violations,
and mainstream foreign newspapers and magazines
constituted enemy propaganda. Local CDRs
inhibited freedom of speech by monitoring
and reporting dissent or criticism. Police
and state security officials regularly harassed,
threatened, and otherwise abused human rights
advocates in public and private as a means
of intimidation and control.
The Constitution states that print and
electronic media are state property and
can never become private property. The Communist
Party controlled all media except for a
few small church-run publications. The Penal
Code bars "clandestine printing"
and provides for 3 to 6 months' imprisonment
for failure to identify the author of a
publication or the printing press used to
produce the publication. Even the Catholic
church-run publications, denied access to
mass printing equipment, were subject to
governmental pressure. Vitral magazine,
a publication of the diocese of Pinar del
Rio, continued to publish during the year,
although officials publicly described it
as "counterrevolutionary propaganda."
In March, the Cuban Conference of Catholic
Bishops indicated that the Church did not
register its publications with the Ministry
of Culture as required by law because registration
would force it to concede control to the
State.
Citizens did not have the right to receive
publications from abroad, although news
stands in hotels for foreigners and certain
hard currency stores sold foreign newspapers
and magazines. The Government continued
to jam the transmission of Radio Marti and
Television Marti. Radio Marti broadcasts
at times overcame the jamming attempts on
short-wave bands, but its medium-wave transmissions
were blocked completely in Havana. Security
agents subjected dissidents, foreign diplomats,
and journalists to harassment and surveillance,
including electronic surveillance.
All legal media must operate under party
guidelines and reflect government views.
The Government attempted to shape media
coverage to such a degree that it not only
exerted pressure on domestic journalists
but also pressured groups normally outside
the official realm of control, such as visiting
and resident international correspondents.
The Government barred some foreign journalists
from entering the country.
The 1999 Law to Protect National Independence
and the Economy (Law 88) outlaws a broad
range of activities that undermine state
security and toughens penalties for criminal
activity. Under the law, anyone possessing
or disseminating literature deemed subversive,
or supplying information that could be used
by U.S. authorities in the application of
U.S. legislation, may be subject to fines
and prison terms of 7 to 20 years for each
charge. The authorities convicted more than
30 independent journalists and human rights
activists under Law 88 during the year,
sentencing them to prison terms of up 27
years. AI expressed "grave concern"
regarding the application of Law 88, which
it said appeared to place "unlawful
restrictions on internationally-recognized
rights."
The authorities arrested 28 independent
journalists in March and subjected them
to summary trials on charges of violating
Law 88 or for alleged acts against the security
of the State. All were convicted and sentenced
to terms ranging from 14 to 27 years' imprisonment.
On April 4, the IACHR Special Rapporteur
for Freedom of Expression expressed "grave
concern" about the actions taken against
independent journalists and urged the Government
to respect freedom of expression and information.
The international press freedom organizations
Reporters Without Borders (RSF) and the
Committee to Protect Journalists (CPJ) also
criticized the arrests and trials of the
independent journalists. RSF launched a
public campaign on behalf of the imprisoned
journalists, identifying the country as
the "Biggest Prison in the World for
Journalists."
On April 5, the Havana City Provincial
Court sentenced Raul Rivero, director of
the independent Cuba Press news agency,
to 20 years' imprisonment for acts against
the independence or the territorial integrity
of the State. The sentencing document indicated
Rivero was convicted for receiving payment
for stories submitted to foreign news publications
and for maintaining links with foreign diplomats
and international NGOs, including RSF. The
court alleged that Rivero filed false or
misleading stories for personal gain, noting
that he had used his income to purchase
rugs, an air conditioner, and plastic chairs.
On April 5, the Havana City Provincial
Court convicted Ricardo Gonzalez Alonso
of the Cuba Press news agency of acts against
the independence or territorial integrity
of the State and sentenced him to 20 years'
imprisonment. The sentencing document focused
on Gonzalez' publication of the magazine
De Cuba, which included articles by opposition
political figures. The document also indicated
Gonzalez maintained a library that included
"counterrevolutionary" literature,
had contacts with foreign diplomats, and
received food, money, and medicine from
exile organizations abroad.
On April 5, the Havana City Provincial
Court sentenced independent journalist Manuel
Vazquez Portal to 18 years' imprisonment
for violating Law 88. The court determined
that Vazquez received small payments for
news stories that were "seditious and
aggressive towards the revolutionary process."
In September, the CPJ selected Vazquez as
one of four winners of the annual International
Press Freedom Award.
On April 6, the Havana City Provincial
Court sentenced independent journalist Oscar
Espinosa Chepe to 20 years' imprisonment
for violating Law 88 and for acts against
the independence or territorial integrity
of the State. The court convicted Chepe
for filing "false or distorted"
news stories to foreign news organizations
for payments of $15 to $100. Chepe was 62
years old and in poor health (see Section
1.c.).
The Government continued to subject independent
journalists to internal travel bans; arbitrary
and periodic detentions (overnight or longer);
harassment of family and friends; seizures
of computers, office, and photographic equipment;
and repeated threats of prolonged imprisonment
(see Sections 1.d., 1.f., and 2.d.). Independent
journalists in Havana reported that threatening
phone calls and harassment of family members
continued during the year. The authorities
also placed journalists under house arrest
to prevent them from reporting on conferences
sponsored by human rights activists, human
rights events, and court cases against activists.
AI, HRW, the Inter-American Press Association,
RSF, and the CPJ criticized the imprisonment
of journalists and the Government's continued
practice of detaining independent journalists
and others simply for exercising their right
to free speech. In addition, police increasingly
tried to prevent independent journalists
from covering so-called sensitive events
(see Section 1.d.).
In April, the Government revealed that
purported independent journalists Manuel
David Orrio and Nestor Baguer were agents
of the Ministry of the Interior assigned
to infiltrate and report on independent
journalists. Both Orrio and Baguer testified
on behalf of the State against independent
journalists during summary trials of 75
activists in April.
On February 13, the authorities expelled
Argentine journalist Fernando Ruiz Parra
from the country for meeting with dissidents.
During the year, at least four independent
journalists were denied the right to emigrate,
including Manuel Vazquez Portal, Jorge Olivera,
Normando Hernandez, and Dorka Cespedes.
Vazquez, Olivera, and Hernandez were among
the 28 independent journalists subjected
to summary trials and lengthy prison sentences
in April.
The authorities often confiscated equipment
when arresting journalists, particularly
photographic and recording equipment. It
was possible to buy a fax machine or computer,
payable in dollars; however, even if a receipt
could be produced, police often confiscated
equipment and used it as evidence against
the journalists. Photocopiers and printers
either were impossible to find on the local
market or were not sold to individuals,
which made them a particularly valuable
commodity for journalists.
Resident foreign correspondents reported
that the very high level of government pressure
experienced since 2000, including official
and informal complaints about articles,
continued throughout the year. The Government
exercised its ability to control members
of the resident foreign press by requiring
them to obtain an exit permit each time
they wished to leave the country. The Government
also forced foreign correspondents to hire
local staff from government agencies.
Distribution of information continued to
be controlled tightly. Importation of foreign
literature was controlled, and the public
had no access to foreign magazines or newspapers.
Leading members of the Government asserted
that citizens did not read foreign newspapers
and magazines to obtain news because they
did not speak English and had access to
the daily televised round tables on issues
with which they needed to concern themselves.
The Government sometimes barred independent
libraries from receiving materials from
abroad and seized materials donated by foreign
diplomats.
In March, authorities arrested nine independent
librarians and charged them with violating
Law 88 or for acts against the independence
or the territorial integrity of the State.
All nine, including Raul Rivero, Victor
Rolando Arroyo, Ivan Hernandez Carrillo,
Jose Luis Garcia Paneque, Ricardo Gonzalez,
Roberto de Miranda, Blas Giraldo Reyes,
Jose Miguel Martinez Hernandez, and Omar
Pernet Hernandez, were subjected to summary
trials and sentenced to 13 to 26 years'
imprisonment.
In late September, police in Holguin Province
confiscated 250 books and 2 typewriters
from independent librarian Lorenzo Garcia
Rodriguez. Garcia reported that police stationed
an officer outside his home following a
3-hour search of his belongings and that
he was under constant police surveillance,
even when he attended Mass.
The Government controlled all access to
the Internet, and all electronic mail messages
were subject to government review and censorship.
Access to computers and peripheral equipment
was limited, and the Internet only could
be accessed through government-approved
institutions. Dial-up access to government-approved
servers was prohibitively expensive for
most citizens. E-mail use grew slowly as
the Government allowed access to more users;
however, the Government generally controlled
its use, and only very few persons or groups
had access. During the year, the Government
blocked instant messaging programs and reportedly
increased efforts to identify unauthorized
Internet and e-mail users. In 2002, the
Government opened a national Internet gateway
to some journalists, artists, and municipal-level
youth community centers, but the authorities
continued to restrict the types and numbers
of international sites that could be accessed.
The Government did not permit Catholic Church
representatives to have access to the Internet.
The Government officially prohibits all
diplomatic missions in Havana from printing
or distributing publications, particularly
newspapers and newspaper clippings, unless
these publications exclusively address conditions
in a mission's home country and prior government
approval is received. Many missions did
not accept this requirement and distributed
materials; however, the Government's threats
to expel embassy officers who provided published
materials had a chilling effect on some
missions. On September 11, the Government
shut down the Spanish Cultural Center for
allegedly undertaking activities outside
the scope of cultural exchange; the Government
did not specify which activities constituted
the alleged violation.
The Government restricted literary and
academic freedoms and continued to emphasize
the importance of reinforcing revolutionary
ideology and discipline more than any freedom
of expression. The educational system taught
that the State's interests took precedence
over all other commitments. Academics, government
journalists, and other government officials
were prohibited from meeting with some diplomats
without prior approval from the Ministry
of Foreign Affairs. The Ministry of Education
required teachers to evaluate students'
and their parents' ideological character
and to place such evaluations in school
records. These reports directly affected
students' educational and career prospects.
As a matter of policy, the Government demanded
that teaching materials for courses such
as mathematics or literature have an ideological
content. Government efforts to undermine
dissidents included denying them advanced
education and professional opportunities.
President Castro stated publicly that the
universities were available only to those
who shared his revolutionary beliefs.
Artistic expression was less restricted.
The Government encouraged the cultural community
to attain the highest international standards
and to sell its work overseas for hard currency.
b. Freedom of Peaceful Assembly and Association
Although the Constitution grants limited
rights of assembly and association, these
rights are subject to the requirement that
they may not be "exercised against
the existence and objectives of the Socialist
State." The law punishes any unauthorized
assembly of more than three persons, including
those for private religious services in
private homes, by up to 3 months in prison
and a fine. The authorities selectively
enforced this prohibition and often used
it as a legal pretext to harass and imprison
human rights advocates.
The Government's policy of selectively
authorizing the Catholic Church to hold
outdoor processions at specific locations
on important feast days continued during
the year. On September 8, the Government
permitted for the sixth consecutive year
a procession in connection with Masses in
celebration of the feast day of Our Lady
of Charity in Havana. A number of activists
participated in the procession. The authorities
permitted a total of 50 processions nationwide
to mark the feast day of Our Lady of Charity
but denied 14 others. The Government also
denied permits for separate processions
in the towns of Managua and East Havana
on political grounds (see Section 2.c.).
The authorities never have approved a public
meeting by a human rights group and often
detained activists to prevent them from
attending meetings, demonstrations, or ceremonies
(see Section 1.d.). There were unapproved
meetings and demonstrations, which the Government
frequently disrupted or attempted to prevent.
The authorities sometimes used or incited
violence against peaceful demonstrators.
In June and July, officials of the Ministry
of the Interior threatened to arrest the
10 to 20 wives of political prisoners who
staged silent marches after attending Mass
together at Havana's Santa Rita Church.
In several instances, the authorities also
threatened to terminate family visits with
the political prisoners or to otherwise
retaliate against the prisoners for their
spouses' displays of support. The spouses
stopped walking together as a result of
the threats, but continued to attend the
same Mass.
The Government organized marches on May
Day and held a rally, "Tribuna Abierta,"
every Saturday in a different municipality
in the country. There was both radio and
television coverage of the weekly rally.
The Government employed CDRs and officials
in the workplace to compel mass participation
in these events.
The Government generally denied citizens
the freedom of association. The Penal Code
specifically outlaws illegal or unrecognized
groups. The Minister of Justice, in consultation
with the Interior Ministry, decides whether
to give organizations legal recognition.
The authorities never have approved the
existence of a human rights group. However,
there were a number of professional associations
that operated as NGOs without legal recognition,
including the Association of Independent
Teachers, the Association of Independent
Lawyers (Agramonte), the Association of
Independent Architects and Engineers, and
several independent journalist organizations.
The Constitution proscribes any political
organization other than the Communist Party
(see Section 3).
Recognized churches (see Section 2.c.),
the Roman Catholic humanitarian organization
Caritas, the Masonic Lodge, small human
rights groups, and a number of nascent fraternal
or professional organizations were the only
associations outside the control or influence
of the State, the Communist Party, and their
mass organizations. With the exception of
the Masons, who had been established in
the country for more than a century, the
authorities continued to ignore those groups'
applications for legal recognition, thereby
subjecting members to potential charges
of illegal association. All other legally
recognized NGOs were affiliated at least
nominally with or controlled by the Government.
c. Freedom of Religion
The Constitution recognizes the right of
citizens to profess and practice any religious
belief within the framework of respect for
the law; however, in law and in practice,
the Government continued to restrict freedom
of religion. In general, unregistered religious
groups continued to experience various degrees
of official interference, harassment, and
repression. The Government's main interaction
with religious denominations was through
the Office of Religious Affairs of the Communist
Party. The Ministry of Interior engaged
in active efforts to control and monitor
the country's religious institutions, including
through surveillance, infiltration, and
harassment of religious professionals and
practitioners. The Government's policy of
permitting apolitical religious activity
to take place in government-approved sites
remained unchanged; however, citizens worshiping
in officially sanctioned churches often
were subjected to surveillance by state
security forces, and the Government's efforts
to maintain a strong degree of control over
religion continued.
The Constitution provides for the separation
of church and State. In 1991, the Government
allowed religious adherents to join the
Communist Party. A 1992 constitutional amendment
prohibits religious discrimination and removed
references to "scientific materialism"
(i.e., atheism) as the basis for the State.
The Government does not favor any one particular
religion or church; however, the Government
appeared to be most tolerant of those churches
that maintained close relations to the State
through the Cuban Council of Churches (CCC).
The CCC is generally supportive of government
policies. Members of the armed forces do
not attend religious services in uniform,
probably to avoid possible reprimand by
superiors.
The Government requires churches and other
religious groups to register with the provincial
registry of associations within the Ministry
of the Interior to obtain official recognition.
In practice, the Government refused to recognize
new denominations; however, the Government
tolerated some religions, such as the Baha'i
Faith and a small congregation of the Church
of Jesus Christ of Latter-day Saints. Unregistered
religious groups were subject to official
interference, harassment, and repression.
The Government, with occasional exceptions,
prohibited the construction of new churches,
forcing many growing congregations to violate
the law and meet in private homes.
Government harassment of private houses
of worship continued, with evangelical denominations
reporting evictions from houses used for
these purposes. According to the CCC, most
of the private houses of worship that the
Government closed were unregistered, making
them technically illegal. In addition, CCC
Pentecostal members complained about the
preaching activities of foreign missionaries
that led some of their members to establish
new denominations without obtaining the
required permits. Because of these complaints
by the Pentecostals, the CCC formally requested
overseas member church organizations to
assist them in dissuading foreign missionaries
from establishing Pentecostal churches.
In 1998, following the visit of Pope John
Paul II, the country's Roman Catholic bishops
called on the Government to recognize the
Catholic Church's role in civil society
and the family, as well as in the temporal
areas of work, the economy, the arts, and
science and technology. The Government continued
to limit the Catholic Church's access to
the media and to the Internet and refused
to allow the Catholic Church to have a legal
independent printing capability. It maintained
a prohibition against the establishment
of religious-affiliated schools. In February,
the Archbishop of Havana issued a pastoral
letter lamenting the disintegration of families
and the extreme pressure to emigrate and
called upon the Government to shift from
"policies of vengeance" to "policies
of compassion." In March, the country's
Ambassador to the Vatican asserted in an
Italian magazine that complete religious
freedom existed in the country and urged
the Catholic Church to register its publications
with the Ministry of Culture. The Cuban
Conference of Catholic Bishops sent an open
letter to the magazine criticizing the Government's
strict control over the activities of the
Catholic Church, especially state restrictions
on religious education and Church access
to the mass media. The Bishops' letter noted
that the Catholic Church declined to register
its publications because registration would
force it to concede control to the State
regarding the subject matter, number of
pages, frequency, and number of copies of
Catholic Church publications. In September,
the Conference of Catholic Bishops issued
a document accusing the Government of imposing
tighter restrictions on the Church and on
society since the visit of Pope John Paul
II, and calling on the Government to show
clemency towards political prisoners.
On May 15, local officials in the town
of Managua in Havana Province revoked authorization
for a procession to mark the feast day of
the patron saint of Managua. Although the
authorities permitted the procession to
take place for the first time in 2002, officials
told Pablo Fuentes, the local Catholic priest,
that they had revoked authorization for
the procession because Fuentes was politically
"unreliable." In September, the
Office of Religious Affairs of the Communist
Party advised Fuentes, a Spanish national,
that the Government would not extend his
authorization to remain in the country.
In mid-July, Communist Party officials
in the city of East Havana barred a procession
for the feast day of the Virgin of Carmen
because the parish priest was a friend of
Christian Liberation Movement leader Oswaldo
Paya. Communist Party officials told the
priest that he should inform his congregation
that the Government had barred the procession
specifically because of his friendship with
Paya.
The Government allowed 9 foreign priests
and 18 nuns to enter the country to replace
other priests and nuns whose visas had expired.
The applications of 60 priests and other
religious workers remained pending at year's
end, as did a request from the Conference
of Catholic Bishops for the Government to
permit 15 Catholic orders to establish a
presence in the country; the lack of approval
limited the training of Cuban seminarians.
In the past several years, the Government
relaxed restrictions on some religious denominations,
including Seventh-day Adventists and Jehovah's
Witnesses. Jehovah's Witnesses, once considered
"active religious enemies of the revolution,"
were allowed to proselytize door-to-door
and generally were not subjected to overt
government harassment, although there were
sporadic reports of harassment by local
Communist Party and government officials.
Education is secular, and no religious
educational institutions are allowed. There
were no reports that parents were restricted
from teaching religion to their children.
The Government continued to prevent any
national or joint enterprise (except those
with specific authorization) from selling
computers, fax machines, photocopiers, or
other equipment to any church at other than
official--and exorbitant--retail prices.
Religious literature and materials must
be imported through a registered religious
group and can only be distributed to officially
recognized religious groups. In punishment
cells, prisoners were denied access to reading
materials, including Bibles (see Section
1.c.).
The CCC continued to broadcast a monthly
15-minute program on a national classical
music radio station on the condition that
the program could not include material of
a political character.
State security officials visited some priests
and pastors prior to significant religious
events, ostensibly to warn them that dissidents
were trying to "use the Church";
however, some critics claimed that these
visits were done in an effort to foster
mistrust between the churches and human
rights or prodemocracy activists. State
security officers also regularly harassed
human rights advocates who sought to attend
religious services commemorating special
feast days or before significant national
days, sometimes entering churches and disrupting
religious ceremonies.
For a more detailed discussion, see the
2003 International Religious Freedom Report.
d. Freedom of Movement Within the Country,
Foreign Travel, Emigration, and Repatriation
The Government severely restricted freedom
of movement. The Government generally did
not impose legal restrictions on domestic
travel; however, it limited migration to
Havana, and initially restricted persons
found to be HIV-positive to sanatoriums
for treatment and therapy before conditionally
releasing them into the community. For the
past several years, state security officials
prohibited human rights advocates and independent
journalists from traveling outside their
home provinces, and the Government also
sentenced others to internal exile.
In early August, officers of the Ministry
of the Interior in Pinar del Rio Province
warned dissident Hector Ramon Novo Suarez
that he could not travel to the city of
Havana. The officials told Novo that he
would be tried for "contempt for authority"
if he ignored their instructions and traveled
to Havana.
Decree 217 prohibits persons in other provinces
from moving into Havana on the grounds that
if internal migration was left unchecked,
the city's problems regarding housing, public
transport, water, and electrical supplies
would become worse; visits to the city were
permissible. Police frequently checked the
identification of persons on the streets,
and if someone from another province was
found living in Havana illegally, that person
was fined $12 (300 pesos) and sent back
home. Fines were $40 (1,000 pesos) for those
who resided illegally in the neighborhoods
of Old Havana and Cerro. Human rights observers
noted that while the decree affected migration
countrywide, it targeted individuals and
families predominantly of African descent
from the more impoverished eastern provinces.
The Government imposed some restrictions
on both emigration and temporary foreign
travel. The Government allowed the majority
of persons who qualified for immigrant or
refugee status in other countries to depart;
however, in certain cases the authorities
delayed or denied exit permits, usually
without explanation. Some denials involved
professionals who tried to emigrate and
whom the Government subsequently banned
from working in their occupational fields.
The Government refused permission to others
because it considered their cases sensitive
for political or state security reasons.
Resolution 54 denies exit permits to medical
professionals until they have performed
3 to 5 years of service in their profession
after requesting permission to travel abroad.
This regulation, normally applied to recent
graduates, was not published officially
and may have applied to other professionals
as well.
On March 24, police confiscated the exit
permits of independent journalist Normando
Hernandez and his wife Yarahy Reyes as they
were preparing to leave the country. Police
arrested Hernandez, subjected him to a summary
trial and sentenced him to 25 years' imprisonment
for alleged acts against the independence
and territorial integrity of the State (see
Section 1.e.).
The Government routinely denied exit permits
to young men approaching the age of military
service until they reached the age of 27,
even when it authorized other family members
to leave. However, in most of those cases
approved for migration to the United States
under a 1994 migration agreement, the applicants
eventually received exemption from obligatory
service and were granted exit permits.
The Government has a policy of denying
exit permission for several years to relatives
of individuals who successfully migrated
illegally (for example, merchant seamen
who defected while overseas and sports figures
who defected while on tours abroad).
Migrants who travel to the United States
must pay the Government a total of $600
per adult and $400 per child, plus airfare.
These government fees for medical exam,
passport, and exit visa--which must be paid
in dollars--were equivalent to approximately
5 years of a professional person's total
peso salary and represented a significant
hardship, particularly for political refugees
who usually were marginalized. Many political
refugees were fired from their jobs for
being "politically unreliable"
and had no income. At year's end, there
were no refugees unable to leave the country
because of inability to pay exit fees.
The Penal Code provides for imprisonment
of up to 3 years or a fine of $12 to $40
(300 to 1,000 pesos) for unauthorized departures
by boat or raft. The office of the U.N.
High Commissioner for Refugees (UNHCR) stated
that it regarded any sentence of more than
1 year for simple illegal exit as harsh
and excessive. Under the terms of the May
1995, U.S.-Cuba Migration Accord, the Government
agreed not to prosecute or retaliate against
migrants returned from international or
U.S. waters, or from the U.S. Naval Base
at Guantanamo, after attempting to emigrate
illegally if they had not committed a separate
criminal offense.
In 1994, the Government eased restrictions
on visits by and repatriations of Cuban
emigrants. Citizens who established residency
abroad and who were in possession of government-issued
permits to reside abroad may travel to the
country without visas, although citizens
who departed after December 31, 1970, must
obtain a costly passport to reenter the
country. Persons who are at least 18 years
of age are eligible to travel abroad and
may remain outside the country for up to
11 months. In 1995, the Government announced
that emigrants, who were considered not
to have engaged in so-called hostile actions
against the Government and who were not
subject to criminal proceedings in their
countries of residence, could apply at Cuban
consulates for renewable, 2-year multiple-entry
travel authorizations. However, in 1999,
the Government announced that it would deny
entry permits for emigrants who had left
the country illegally after September 1994.
It remained unclear which policy the Government
actually was implementing.
The Constitution provides for the granting
of asylum to individuals persecuted "for
their ideals or struggles for democratic
rights against imperialism, fascism, colonialism,
and neocolonialism; against discrimination
and racism; for national liberation; for
the rights of workers, peasants, and students;
for their progressive political, scientific,
artistic, and literary activities; and for
socialism and peace." In practice,
the Government has no formal mechanism to
process asylum for foreign nationals. In
practice, the Government provided protection
against refoulement. The Government cooperated
with the UNHCR, and provided temporary protection
to a small number of persons. There was
no information available on its use during
the year.
A total of 29 persons applied for refugee
status during the year, of which 11 were
approved; according to the UNHCR, there
were 836 refugees in the country.
Section 3 Respect for Political Rights:
The Right of Citizens to Change their Government
Citizens do not have the legal right to
change their government or to advocate change,
and the Government retaliated systematically
against those who sought peaceful political
change. The Constitution proscribes any
political organization other than the Communist
Party. In 2002, the Government amended the
Constitution to restrict further citizens'
rights to change the Government, making
socialism the "irrevocable" basis
of the Constitution. In March, President
Castro declared his intent to remain in
power for the rest of his life. While the
Constitution provides for direct election
of provincial, municipal, and ANPP members,
the candidates for provincial and national
office must be approved in advance by mass
organizations controlled by the Government.
In practice a small group of leaders, under
the direction of President Castro, selected
the members of the highest policy-making
bodies of the Communist Party: The Politburo
and the Central Committee.
The authorities tightly controlled the
selection of candidates and all elections
for government and party positions. The
candidacy committees were composed of members
of government-controlled mass organizations
such as the Confederation of Cuban Workers
(CTC) and the CDRs and were responsible
for selecting candidates, whose names then
were sent to municipal assemblies that selected
a single candidate for each regional seat
in the ANPP. An opposition or independent
candidate never has been allowed to run
for national office.
On January 19, the Government held national
elections in which 609 candidates were approved
to compete for the 609 seats in the National
Assembly. According to the official media,
97.6 percent of registered voters participated
in the elections, and the candidates were
voted in by 91 percent of the electorate.
No candidates with views independent from
or in opposition to the Government were
allowed to run, and no views contrary to
the Government or the Communist Party were
expressed in the government-controlled national
media. The Government saturated the media
and used government ministries, Communist
Party entities, and mass organizations to
urge voters to cast a "unified vote"
where marking one box automatically selected
all candidates on the ballot form. In practice,
the Communist Party approved candidates
for all offices. A small minority of candidates
did not belong formally to the Communist
Party. The Communist Party was the only
political party allowed to participate in
the elections.
Deputies in the National Assembly, delegates
in the provincial assemblies, and members
of the Council of State are elected during
general elections every 5 years. Municipal
elections are held every 2½ years
to elect 14,686 local representatives to
the municipal assemblies, the lowest level
of the Government's structure. In 2002,
the Government held elections for local
representatives to the municipal assemblies.
Government newspapers reported that 95 percent
of voters participated in the election,
compared with 98 percent in 2000. Slightly
less than 50 percent of those elected were
incumbents, 22 percent were women, and 6
percent of all candidates were between the
ages of 16 and 30. The reports also claimed
that nationwide the number of blank ballots
remained steady at 2.8 percent, and the
number of annulled ballots decreased from
3 percent to 2.4 percent.
Although not a formal requirement, in practice,
Communist Party membership was a prerequisite
for high-level official positions and professional
advancement.
The Government rejected any change to the
political system judged incompatible with
the revolution and ignored and actively
suppressed calls for democratic reform.
In 2002, opposition organization All United
(Todos Unidos) delivered a petition to the
National Assembly proposing a five-point
national referendum on political and economic
reforms. This effort, known as the Varela
Project and led by Christian Liberation
Movement leader Oswaldo Paya, was based
on Article 88 of the 1976 Constitution,
which permits citizens to propose legislation
if such proposals are backed by at least
10,000 citizens; the Varela petition had
11,020 signatures. The Varela Project called
for an end to limits on freedom of association,
an amnesty for nonviolent political prisoners,
reduced barriers to private enterprise,
electoral reforms, and free elections within
a year of the referendum. In an apparent
effort to reject the Varela Project without
publicly addressing it, the Government mobilized
citizens to sign a petition making the socialist
character of the Constitution "untouchable."
The Government claimed that 99.37 percent
of eligible voters signed the government
petition requesting such a modification
to the Constitution. The National Assembly
unanimously passed the amendment making
socialism the irrevocable basis of the Constitution.
The changes did not rescind the right of
citizens to propose legislation, and Varela
organizers continued to collect signatures
in support of their proposal.
On October 3, Paya submitted a second Varela
petition to the ANPP with over 14,000 signatures.
Government officials detained persons working
in support of Project Varela and retaliated
against certain persons who signed the petition.
At least 21 of the 75 activists sentenced
to lengthy prison terms in April were Varela
organizers. The authorities jailed all of
the key figures in the Christian Liberation
Movement with the exception of Oswaldo Paya.
On February 5, the Supreme Court suspended
municipal judge Iosdel Trujillo Vivas of
Santa Clara Province for having signed the
Varela petition.
On June 18, officials expelled Yailen Labores
Rojas from her job as an agronomy professor
for having signed the Varela petition. Officials
told her that she was removed for being
"politically unreliable." Labores
did not belong to an opposition organization.
Government leadership positions continued
to be dominated by men. There were no legal
impediments to women voting, holding political
office, or rising to political leadership;
however, there were very few women or minorities
in policymaking positions in the Government
or the Communist Party. There were 2 women
in the 24-member Politburo and 20 in the
150-member Central Committee. Women held
218 seats in the 609-seat National Assembly.
Although blacks and persons of African descent
made up more than half the population, they
held only six seats in the Politburo. Following
the selection of the new ANPP in January,
government-run Granma reported that the
National Assembly was 67 percent white,
22 percent black, and 11 percent mestizo.
Section 4 Governmental Attitude Regarding
International and Nongovernmental Investigation
of Alleged Violations of uman Rights
The Government did not recognize any domestic
human rights groups or permit them to function
legally. The Government subjected domestic
human rights advocates to intense intimidation,
harassment, and repression. In violation
of its own statutes, the Government refused
to consider applications for legal recognition
submitted by human rights monitoring groups
(see Section 2.b.).
Dissidents generally believed that most
human rights organizations were infiltrated
and subjected to constant surveillance.
Activists believed that some of the dissidents
were either state security officials or
were persons attempting to qualify for refugee
status to leave the country. Public identification
of suspected state infiltrators was a crime
punishable by 8 to 15 years' imprisonment.
In April, authorities confirmed that 12
purported dissidents were in fact agents
of the Ministry of the Interior. Those identified
were Noel Ascanio Montero, Nestor Baguer
Sanchez, Odilia Collazo Valdes, Aleida Godinez
Soler, Otuardo Hernandez Rodriguez, Ana
Rosa Jorna Calixto, Roberto Martinez, Manuel
David Orrio del Rosario, Yamila Perez Reyes,
Pedro Serrano Urra, Pedro Luis Veliz Martinez,
and Alicia Zamora Labrada. The 12 infiltrators
testified against several of the 75 human
rights activists and independent journalists
subjected to summary trials in April.
In August, the Government released a book
alleging that noted human rights monitor
Elizardo Sanchez Santa Cruz, of the Cuban
Commission for Human Rights and National
Reconciliation, had been a state security
agent since 1997. Sanchez denied having
acted as a government agent, although he
acknowledged having been in discussions
with government officials for many years
in an effort to negotiate improved human
rights conditions.
The Government steadfastly rejected international
human rights monitoring. In 1992, the country's
U.N. representative stated that the Government
would not recognize the mandate of the U.N.
Commission on Human Rights on Cuba and would
not cooperate with the Special Rapporteur
on Cuba, despite being a UNCHR member. This
policy remained unchanged, and the Government
refused even to acknowledge requests by
the Special Rapporteur to visit the country.
On April 17, the UNCHR passed a resolution
that expressed concern about the human rights
situation in the country and repeated its
earlier call to receive the visit of Christine
Chanet, the personal representative for
Cuba of the U.N. High Commissioner for Human
Rights. At year's end, the Government had
not allowed the representative to visit
the country as required by the UNCHR resolution.
Section 5 Discrimination Based on Race,
Sex, Disability, Language, or Social Status
The country is a multiracial society with
a black and mixed-race majority. The Constitution
forbids discrimination based on race, sex,
or national origin; however, evidence suggested
that racial discrimination occurred frequently.
The Government restricted the migration
of persons found to be HIV-positive to sanatoriums
for treatment and therapy before conditionally
releasing them into the community.
Women
Violent crime rarely was reported in the
press, and there was no publicly available
data regarding the incidence of domestic
violence and rape; however, human rights
advocates reported that violence against
women was a problem. The law establishes
strict penalties for rape, and the Government
enforced the law; however, according to
human rights advocates, the police did not
act on cases of domestic violence.
The 2000 report of the U.N. Special Rapporteur
on Violence Against Women stated that most
government officials did not view violence
against women as prevalent; however, activists
at the grassroots level were attuned to
problems of violence affecting women. The
Rapporteur urged the Government to take
comprehensive steps to enhance the legal
protection against violence against women
and urged the adoption of legislation to
address domestic violence and sexual harassment.
Prostitution is legal for persons over
17 years of age; however, pandering or otherwise
benefiting from prostitution is a felony.
Prostitution increased greatly in recent
years. Press reports indicated that tourists
from various countries visited specifically
to patronize inexpensive prostitutes. A
government crackdown on prostitution that
began in late 1998 initially had some effect,
but prostitutes (known as "jineteras")
still were visible in Havana and other major
cities during the year. Police obtained
early success in their efforts by stationing
officers on nearly every major street corner
where tourists were present. Some street
police officers were suspected of providing
protection to the jineteras. Most observers
believed that the Government clamped down
on prostitution to combat the perception
that the Government promoted sex tourism.
The Government set up centers to take prostitutes
off the streets and reeducate them. The
U.N. Special Rapporteur's report recommended
that the Government dismantle the centers
and find "other mechanisms that do
not violate the rights of the prostitutes."
There was no information available regarding
whether or not the Government dismantled
these centers.
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. Women were
subject to the same restrictions on property
ownership as men. The law provides up to
1 year of maternity leave and grants working
mothers preferential access to goods and
services. Approximately 40 percent of all
women worked, and they were well represented
in many professions. According to the Cuban
Women's Federation (FMC), a mass organization
affiliated with the Communist Party, in
2000, women held 33 percent of managerial
positions. The FMC also asserted that 11,200
women had received land parcels to cultivate,
that more than 561,000 women had begun working
as agricultural workers, and that women
devoted 34 hours a week to domestic work,
approximately the same number of hours they
spent working outside the home.
Children
The Constitution provides that the Government
protect family, maternity, and matrimony.
It also states that all children have the
same rights under the law and notes the
duties of parents to ensure their protection.
The law requires school attendance until
the ninth grade, and this law generally
was respected in practice. Education was
free, but it was grounded in Marxist ideology.
State organizations and schools were charged
with the integral formation of children
and youth. The national health care system
covered all citizens.
Although not covered in the official media,
there were occasional reports of child abuse;
however, there was no societal pattern of
child abuse. Police officers who found children
loitering in the streets or begging from
tourists frequently intervened and tried
to find the parents. If a child was found
bothering tourists more than once, police
frequently fined the child's parents. Although
work camps for adolescents still exist,
the duration is considerably shorter than
in the period before 1990. Students were
pressured to enlist for up to a week of
"volunteer labor" in rural areas.
Child prostitution was a problem, with
young girls engaging in prostitution to
help support themselves and their families.
The police generally enforced laws on underage
prostitution; however, the phenomenon continued
as more cabarets and discos opened for the
growing tourist industry, which made it
easier for tourists to come into contact
with child prostitutes. Workers at some
tourist facilities appeared to tolerate
both legal and underage prostitution. The
Government did not publicly acknowledge
the prevalence of child prostitution; however,
the Government prosecuted persons involved
in child prostitution and child pornography
and assisted other countries in international
investigations of child sexual abuse.
Persons with Disabilities
The law prohibits discrimination based
on disability, and there were few complaints
of such discrimination. There are no laws
that mandate accessibility to buildings
for persons with disabilities. In practice,
buildings and transportation rarely were
accessible to persons with disabilities.
National/Racial/Ethnic Minorities
Many persons of African descent have benefited
from access to basic education and medical
care since the 1959 revolution, and much
of the police force and army enlisted personnel
is black. Nevertheless, racial discrimination
often occurred and was acknowledged publicly
by high governmental officials, including
President Castro during remarks at the World
Conference on Racism in South Africa. President
Castro acknowledged that the revolution
had not eradicated racism. There were numerous
reports of disproportionate police harassment
of black youths. Evictions, exacerbated
by Decree 217, primarily targeted individuals
and families who migrated to Havana from
the eastern provinces, which were traditionally
areas of black or mixed-race populations
(see Section 2.d.).
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. The demands of the economy
and society take precedence over individual
workers' preferences. Established official
labor organizations have a mobilization
function and do not act as trade unions,
promote worker rights, or protect the right
to strike. Such organizations were under
the control of the State and the Communist
Party, which also managed the enterprises
for which the laborers worked. Because all
legal unions were government entities, anti-union
discrimination by definition did not exist.
The Communist Party selects the leaders
of the sole legal labor confederation, the
CTC, whose principal responsibility is to
ensure that government production goals
are met. Despite disclaimers in international
forums, the Government explicitly prohibited
independent unions, and none were recognized.
There has been no change in conditions since
the 1992 International Labor Organization
(ILO) finding that the Government violated
ILO norms on the freedom of association
and the right to organize. Those who attempted
to engage in unofficial union activities
faced government harassment. On June 10,
the International Labor Conference concluded
that government law and practice were in
violation of ILO Convention 87 on Freedom
of Association. The Applications Committee
of the International Labor Conference also
called upon the Government to release trade
unionists arrested in March and urged the
Government to accept an ILO mission to verify
labor conditions and to work with the Government
to ensure full compliance with Convention
87. The Government rejected the Application
Committee's conclusions and any possibility
of an ILO mission.
In November, the ILO's Committee on Freedom
of Association (CFA) criticized the authorities'
recognition of only a single official union
and prohibition of independent trade unions.
The CFA also cited the absence of collective
bargaining and the right to strike, the
arrest and harassment of union members,
government infiltration of independent unions,
and illegal house searches. The CFA expressed
particular concern regarding the arrests
and lengthy imprisonment of seven union
organizers in March and April and recommended
that the ILO Direct Contacts Mission investigate
the situation. The Government representative
denounced the ILO and CFA as "stooges"
of a foreign government and rejected any
possibility of a Direct Contacts Mission.
Workers may lose--and many have lost--their
jobs for their political beliefs, including
their refusal to join the official union.
Several small independent labor organizations
were created but functioned without legal
recognition, were subject to infiltration
by Government agents, and were unable to
represent workers effectively or work on
their behalf.
On April 5, the Havana City Provincial
Court sentenced Pedro Pablo Alvarez Ramos,
leader of the illegal United Cuban Workers
Council, to 25 years' imprisonment for acts
against the independence or the territorial
integrity of the State. The sentencing document
indicated Alvarez was convicted in part
for having links to international trade
unions, including the Latin American Workers
Central union and the Venezuelan Workers
Central union, and for reporting workers
rights violations to the ILO.
On April 5, the Havana City Provincial
Court sentenced Carmelo Agustin Diaz Fernandez
of the United Cuban Workers Council to 16
years' imprisonment for acts against the
independence or the territorial integrity
of the State.
The CTC is a member of the Communist World
Federation of Trade Unions.
b. The Right to Organize and Bargain Collectively
Collective bargaining does not exist. The
State Committee for Work and Social Security
(CETSS) sets wages and salaries for the
state sector, which is virtually the only
employer in the country. The law prohibits
strikes, and none were known to have occurred
during the year. The 1995 Foreign Investment
Law denies workers the right to contract
directly with foreign companies investing
in the country without special government
permission. Although a few firms managed
to negotiate exceptions, the Government
required foreign investors and diplomatic
missions to contract workers through state
employment agencies, which were paid in
foreign currency and, in turn, paid workers
very low wages in pesos. Typically workers
received 5 percent of the salary paid by
the companies to the State. Workers subcontracted
by state employment agencies must meet certain
political qualifications. According to Minister
of Basic Industry Marcos Portal, the state
employment agencies consulted with the Party,
the CTC, and the Union of Communist Youth
to ensure that the workers chosen "deserved"
to work in a joint enterprise.
There are no functioning export processing
zones, although the law authorizes the establishment
of free trade zones and industrial parks.
c. Prohibition of Forced or Bonded Labor
Neither the Constitution nor the Labor
Code prohibits forced or bonded labor. The
Government maintained correctional centers
where it sent persons for crimes such as
dangerousness. Prisoners held in such centers
were forced to work on farms or building
sites doing construction, agricultural work,
or metal work. The authorities often imprisoned
noncooperative internees.
In September, a prisoner at El Anoncillo
minimum-security prison reported that inmates
were forced to perform agricultural work
for 12 hours per day without remuneration.
The prisoner stated that the food was poor
and that there were no baths or medical
facilities at the camp. Prison guards threatened
to send inmates to a maximum-security prison
if they failed to work and to place them
in isolation cells if they complained.
The Government employed special groups
of workers, known as "microbrigades,"
who were reassigned temporarily from their
usual jobs to work on special building projects.
These microbrigades were increasingly important
in the Government's efforts to complete
tourist and other priority projects. Workers
who refused to volunteer for these jobs
often risked discrimination or job loss.
Microbrigade workers reportedly received
priority consideration for housing assignments.
The military assigned some conscripts to
the Youth Labor Army, where they served
a 2-year military service requirement working
on farms that supplied both the armed forces
and the civilian population.
The Government prohibits forced and bonded
labor by children; however, the Government
required children to work. Secondary school
students were expected to devote up to 15
days of their summer vacation completing
a variety of tasks ranging from farm labor
to urban cleanup projects, and were paid
a small wage for this labor. Students in
post-secondary institutions (technical schools,
university preparatory schools, and agricultural
institutes) were expected to devote 30 to
45 days per year on mainly agricultural
work. According to school rules, refusal
to do agricultural work could affect the
student's ability to continue studying at
the institution.
d. Status of Child Labor Practices and
Minimum Age forEmployment
The legal minimum working age is 17 years.
However, the Labor Code permits the employment
of 15- and 16-year-old children to obtain
training or to fill labor shortages. The
country has not ratified ILO Convention
182, but the Government adhered to Convention
182 standards concerning the elimination
of the worst forms of child labor.
e. Acceptable Conditions of Work
The CETSS sets the minimum wage, which
varies by occupation. For example, the minimum
monthly wage for a maid was $6.35 (165 pesos);
for a bilingual office clerk, $7.30 (190
pesos); and for a gardener $8.30 (216 pesos).
The Government supplemented the minimum
wage with free education, subsidized medical
care (daily pay is reduced by 40 percent
after the third day of being admitted to
a hospital), housing, and some food (this
subsidized food is enough for approximately
1 week per month). However, even with these
subsidies, the minimum wage did not provide
a decent standard of living for a worker
and family. Corruption and black market
activities were pervasive. The Government
rationed most basic necessities such as
food, medicine, clothing, and cooking gas,
which were in very short supply.
The Government required foreign companies
in joint ventures with state entities to
hire and pay workers through the State (see
Section 6.b.). HRW noted that the required
reliance on state-controlled employment
agencies effectively left workers without
any capacity directly to negotiate wages,
benefits, the basis of promotions, or the
length of the workers' trial period at the
job with the employer. Foreign companies
paid the Government as much as $500 to $600
per worker per month, while the workers
received only a small fraction of that in
pesos from the Government.
The standard workweek was 44 hours, with
shorter workweeks in hazardous occupations,
such as mining. The Government reduced the
workday in some government offices and state
enterprises to save energy.
Workplace environmental and safety controls
usually were inadequate, and the Government
lacked effective enforcement mechanisms.
Industrial accidents apparently were frequent,
but the Government suppressed such reports.
The Labor Code establishes that a worker
who considers his life in danger because
of hazardous conditions has the right not
to work in his position or not to engage
in specific activities until such risks
are eliminated. According to the Labor Code,
the worker remains obligated to work temporarily
in whatever other position may be assigned
him at a salary provided for under the law.
In July, administrators at the Gerardo
Abreu Fontan candy factory in Havana fired
maintenance foreman Julian Diaz for refusing
to work on a high-voltage power line without
the proper safety equipment. Diaz requested
assistance from the union representative,
but the union representative advised Diaz
not to challenge the firing or otherwise
"make trouble" for the candy factory.
f. Trafficking in Persons
The Penal Code prohibits trafficking in
persons. Although there were no reports
that persons were trafficked to or from
the country, there were incidents of trafficking,
in the form of child prostitution, within
the country that were not reported in the
official media.
The code also provides for penalties for
violations, including a term of 7 to 15
years' imprisonment for organizing or cooperating
in alien smuggling through the country;
10 to 20 years' imprisonment for entering
the country to smuggle persons out of the
country; and 20 years to life in prison
for using violence, causing harm or death,
or putting lives in danger in engaging in
such smuggling. These provisions were directed
primarily at persons engaging in organized
smuggling of would-be emigrants. In addition,
the revised code made it illegal to promote
or organize the entrance of persons into
or the exit of persons from the country
for the purpose of prostitution; violators
were subject to 20 to 30 years' imprisonment.
Child prostitution was a problem, with
young girls engaging in prostitution to
help support themselves and their families
(see Section 5).
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