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Country Reports on Human Rights Practices - 2002: Cuba (Cont.)

U.S. Department of State. Released by the Bureau of Democracy, Human Rights, and Labor. March 31, 2003

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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 fifth 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. Police in Santiago de Cuba warned several dissidents in that city not to attend a procession for Our Lady of Charity (see Section 2.c.). There were no reports that processions were denied permits during the year.

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.). Asked by a foreign correspondent in October whether his Government obstructed demonstrations, President Castro responded that he had "no need to control what does not occur." 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.

On December 10, the authorities monitored, but did not block, a commemoration of International Human Rights Day by more than 50 persons at the home of dissident Martha Beatriz Roque. Police did not impede similar activities at the home of dissident Odilia Collazos and other sites throughout the country. Roque reported that 1,300 people across the country participated in commemorations, most of which the Government monitored but did not obstruct. However, police arrested Rogelio Menendez and two others in Havana to prevent their participation in December 10 ceremonies (see Section 1.d.).

In February state security officials threatened to evict an activist from his home because he had used the home for meetings of the Cuban Pro Human Rights Party Affiliated with the Andrei Sakharov Foundation (see Section 2.b.). Also in February, state security officers detained prodemocracy activists in different parts of the country to prevent them from staging activities commemorating the 1996 shooting down of two civilian aircraft in international airspace (see Sections 1.d. and 2.a.).

On March 13, police arrested seven human rights activists in Nueva Gerona, Isle of Youth, as they conducted a public demonstration calling for democratic reforms and the release of political prisoners (see Section 1.d.). Police beat the activists as they were conducting a silent march and took them to a local police station. They were fined and released.

On March 18, state security officials arrested four leaders of the Brotherhood of Blind Cubans to prevent a demonstration against police mistreatment of handicapped street vendors and to call for the release of blind dissident Juan Carlos Gonzalez Leyva (see Sections 1.c. and 5). Police released the four after issuing them "official warnings." Earlier, on March 4, police arrested protesters at the public hospital in Ciego de Avila.

On April 1, police called Alberto Fernandez Silva and Humberto Echevarria Herrera of the Cuban Pro Human Rights Party Affiliated with the Andrei Sakharov Foundation to a local police station to warn them that they would be imprisoned if their organization did not cease all meetings, masses, and vigils.

On April 17, police arrested Barbaro Vela Coego and Armando Dominguez Gonzalez, president and vice president, respectively, of the January 6 Civic Movement, to prevent their attendance at a fast in honor of political prisoners. They were held for 2 hours and released (see Section 1.d.).

On May 17, police went to the home of Pedro Veliz, president of the Independent Medical School of Cuba, and instructed him to leave Havana to prevent his attendance at ceremonies marking the anniversary of a prerevolutionary political party (see Section 1.f.).

On May 25, police beat and arrested four members of the Cuban Pro Human Rights Party Affiliated with the Andrei Sakharov Foundation who were on their way to a Mass in honor of a dissident figure (see Section 2.c.). The four were searched, threatened with imprisonment, fined, and released.

On June 1, police arrested nine activists as they departed a human rights course at the Culture and Democracy Institute in Santiago de Cuba (see Section 1.d.). They were interrogated and released on June 2.

On June 7, police forcefully removed 17 persons from the home of activist Migdalia Rosado Hernandez, where the group was commemorating the second anniversary of the Tamarindo 34 hunger strike. The police took 14 persons far from their homes and abandoned them by the roadside. Three others were fined and released.

On June 24, police blocked access to the home of activist Francisco Moure Saladriga to prevent a meeting of members of the Cuban Human Rights Party scheduled for that day.

In July state security officials in Santiago de Cuba warned activists Evelio Manteira Barban, Orestes Alberto Alvarez, Manuel de Jesus Nario, Joaquin Jimenez Hernandez, and Carlos Jimenez Cespedes that they would be beaten and arrested if they held events commemorating the sinking of the "13th of March" tugboat.

In early August, state security officials warned opposition activists who were planning protests to coincide with the eighth anniversary of the antigovernment riot that took place in Havana on August 5, 1994 that they would be jailed if they participated in such events. Independent journalist Angel Pablo Polanco and activists Rogelio Menendez Diaz and Marcel Valenzuela Salt were arrested on suspicion that they were organizing protests for August 5 (see Section 1.d.).

On September 7, state security officials in Santiago de Cuba warned Orestes Alberto Alvarez Vega not to attend a Mass in honor of Our Lady of Charity (see Section 2.c.).

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 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.

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. Members of the armed forces did 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 on the island, such as the Baha'i Faith. 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. In October the Government authorized the Greek Orthodox Church to build a church in Havana.

Government harassment of private houses of worship continued, with evangelical denominations reporting evictions from houses used for these purposes. According to the Cuban Council of Churches (CCC) officials, 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 Pope John Paul II's visit, 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 the scientific and technical worlds. 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 September local government authorities, for the fifth consecutive year, allowed the Catholic Church to hold an outdoor procession to mark the feast day of Our Lady of Charity in Havana (see Section 2.b.). Although visibly present, state security personnel did not harass any participants or observers as they did in 1998. However, in Santiago, prior to the procession, security police ordered a number of human rights activists not to attend the procession.

In 1998 the Government announced that henceforth citizens would be allowed to celebrate Christmas as an official holiday. (The holiday had been cancelled, ostensibly to spur the sugar harvest, in 1969 and restored in 1997 as part of the preparations for the Pope's 1998 visit.) However, the Government maintained a 1995 decree prohibiting nativity scenes in public buildings.

The Government allowed 9 priests and 12 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.

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. There was no restriction on the importation of religious literature and symbols if imported by a registered religious group in accordance with the proper procedures. 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 2002 International Religious Freedom Report.

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