Tag: Cuba Constitution

U.S. Positive Comments About Cuban Human Rights  

A prior post reviewed the many U.S. criticisms about Cuban human rights in the latest State Department’s report on that subject for Cuba and all the other countries in the world. Here are the much more limited positive comments about Cuba in that report:[1]

  • “There were no reports that the government or its agents committed arbitrary or unlawful killings [in 2019]. (Section 1.A)
  • “Prisoners and pretrial detainees had access to visitors.” (Section 1.C)
  • “Authorities allowed prisoners to practice their religion.” (Section 1.C)
  • “The law provides that police officials furnish suspects a signed ‘report of detention,’ noting the basis, date, and location of any detention in a police facility and a registry of personal items seized during a police search.” (Section1.D)
  • “Under criminal procedures, police have 24 hours after an arrest to present a criminal complaint to an investigative police official. Investigative police have 72 hours to investigate and prepare a report for the prosecutor, who in turn has 72 hours to recommend to the appropriate court whether to open a criminal investigation.” (Section 1.D)
  • “Within the initial 168-hour detention period, detainees must be informed of the basis for the arrest and criminal investigation and have access to legal representation. Those charged may be released on bail, placed in home detention, or held in continued investigative detention. Once the accused has an attorney, the defense has five days to respond to the prosecution’s charges, after which a court date usually is set.” (Section 1.D)
  • “Reports suggested bail was available.” (Section 1.D)
  • “Detainees have the right to remain silent.” (Section 1.D)
  • “By law, investigators must complete criminal investigations within 60 days. Prosecutors may grant investigators two 60-day extensions upon request, for a total of 180 days of investigative time. The supervising court may waive this deadline in “extraordinary circumstances” and upon special request by the prosecutor. In that instance no additional legal requirement exists to complete an investigation and file criminal charges.” (Section 1.D)
  • The “constitution recognizes the independence of the judiciary.” (Section 1.E)
  • “The law provides for the right to a public trial.” (Section 1.E)
  • “Due process rights apply equally to all citizens as well as foreigners. . . . The law presumes defendants to be innocent until proven guilty. . . . The law provides criminal defendants the right not to be compelled to testify or confess guilt.” (Section 1.E)
  • “Due process rights apply equally to all citizens as well as foreigner. The law presumes defendants to be innocent until proven guilty . . . .The law provides criminal defendants the right not to be compelled to testify or confess guilt.” (Section 1.E)
  • “Defense attorneys have the right to review the investigation files of a defendant unless the charges involve ‘crimes against the security of the state.’” (Section 1.E)
  • “It is possible to seek judicial remedies through civil courts for violations of administrative determinations.” (Section 1E)
  • “The law provides for the right to a public trial.” (Section 1.E)
  • “The constitution provides for the protection of citizens’ privacy rights in their homes and correspondence.” (Section 1.F)
  • “The constitution provides for freedom of expression, including for the press.” (Section 2.A)
  • “The government tolerated some gatherings [of three or more people without prior registration], and many religious groups reported the ability to gather without registering or facing sanctions.”
  • “The constitution allows all citizens to travel anywhere within the country.” (Section  D)

Note that most of these positive comments are about rights under Cuba’s constitution and laws while many of the negative comments concern Cuba’s alleged failure to observe these rights on paper.

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[1] State Dep’t, 2019 Country Reports on Human Rights Practices: Cuba (Mar. 11, 2020).

 

 

Washington Post Criticizes New Cuban Constitution

On March 1, a Washington Post editorial criticized the new Cuban constitution.[1]

First, the editorial expressed surprise over the “share of eligible voters who cast “no” ballots or stayed home.”   Indeed, the total number of registered voters who voted “No” or stayed home or who submitted spoiled ballots was 1,853,545 or 21.4% of the electorate while 78.6% voted “YES.” [2]

In contrast, the Post continued,  the last constitutional vote in 1976, when Castro had established a totalitarian state, 99.02 percent voted yes.” This change, argued the Post, constituted ‘unmistakable signs that hundreds of thousands of people have lost their fear of the authorities and lost their patience with a decaying economic and political system.”

Second, the new constitution “is the handiwork of the authoritarian clique that stumbles on after Castro’s death. The key decisions were made by a commission appointed by former president Raúl Castro, who still leads the Communist Party, and has amendments by the rubber-stamp parliament.”

Third, the “new constitution does not allow any oxygen into the closed political system, saying the [Communist Party]  is the “superior driving force of the society and the State.” Indeed, Article 5 states, “The Communist Party of Cuba, unique, Marxist, Fidelist, Marxist and Leninist, organized vanguard of the Cuban nation, based on its democratic character and the permanent bonding with the people, is the superior political force leader of the society and of the State.” 

Fourth, “[g]enuine political competition — the essence of democracy — was absent. The state-run news media ignored those who would advocate a “no” vote, and in the final day, nervous about the outcome, the authorities blacked out the digital newspaper 14ymedio, run by the dissident blogger Yoani Sánchez, who had openly called for a “no” vote on social media. José Daniel Ferrer García, a tough-minded activist and regime opponent, was detained after sitting in a park in Santiago de Cuba with a hand-lettered sign that proclaimed, ‘No.’” [3]

Fifth, “The new constitution is hardly earth-shattering. It recognizes private property for a “complementary role in the economy,” but continues to enshrine a “socialist economic system based on ownership by all people of the fundamental means of production as the primary form of property as well as the planned direction of the economy.” For most Cubans, this reality is a dystopia reminiscent of the Soviet Union, with shortages of eggs, butter and other basics.”

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[1] Editorial, Cubans are losing their patience—and their fear, Wash. Post (Mar. 1, 2019).

[2] See Cuban Citizens Approve New Constitution, dwkcommentaries.com (Feb. 26, 2019)/  This total of 21.4% may be overstated as some qualified voters may not have voted even though they supported the constitution or spoiled their ballots for innocent reasons.

[3] See Cuba Arrests Opponents of Proposed New Constitution, dwkcommentaries.com (Feb. 14, 2019); posts listed in “Cuban Bloggers” section of List of Posts to dwkcommentaries.com—Topical; CUBA. 

Cuba’s Legislature Approves Revised Draft of New Constitution

On December 22, Cuba’s National Assembly unanimously approved a proposed new constitution for submission to a national referendum on February 24, 2019. It incorporates into an original one published in July hundreds of mainly small changes proposed by citizens during a three-month public consultation at community meetings nationwide. [1]

Summary of Latest Draft of Constitution

This draft maintains Cuba as a centrally planned economy ruled by a single Communist Party, but recognizes private property for the first time and paves the way for a separate referendum on legalizing gay marriage. It  also creates the role of prime minister alongside the current president, as well as provincial governors.

The new draft also recognizes worker-owned cooperatives for the first time as a legal form of production in every sector of the economy, while maintaining Cuba’s largely inefficient and stagnant state-run industries as the central means of production.

The draft contains the following 11 titles:

  • Title I: Political foundations
  • Title II: Economic fundamentals
  • Title III: Fundamentals of educational, scientific and cultural policy (Old Title V)
  • Title IV: Citizenship
  • Title V: Rights, Duties and Guarantees.
  • Title VI: Structure of the State.
  • Title VII: Territorial Organization of the Stat
  • Title VIII: Local Organs of Popular Power
  • Title IX: Electoral System
  • Title X: Defense and National Security
  • Title XI: Reform of the Constitution.

Cuba Official Reaction to New Draft.[2]

In closing this session of the National Assembly, President Miguel Diaz-Canel said the island’s economic challenges — including a week 1.2 percent 2018 growth rate in 2018 and similar growth expected next year — required the acceptance of private business, joint public-private ventures and coops working together. He promised to fight widespread public-sector embezzlement and corruption that makes it virtually impossible to get anything done in Cuba without a series of small bribes.[3]

The modest changes to the draft constitution along with the recent changes to regulations governing private enterprise are seen by William LeoGrande, a U.S. expert on Cuba, as unprecedented responsiveness to organized public pressure. It “indicates both the government’s flexibility and also its recognition that the Cuba of 2018 is not one in which people will simply accept whatever the authorities dictate.” These changes also recognize the economic and financial difficulties facing the island.

Indeed, cash-strapped Cuba plans fresh austerity measures and will pressure the sluggish bureaucracy to tighten its belt and cut red tape to address weak growth, falling export earnings and rising debt.

Cuban Opposition to the Draft Constitution[4]

 According to Diario de Cuba, several Cuban organizations have launched a campaign to defeat this draft in the national referendum. Here are some of their principal objections:

  • The draft maintains the role of the Communist Party as the ” highest leading political force in society” and reaffirms state control of the economy.
  • While recognizing the role of the market and other forms of property, it affirms that Cuba “will never return” to capitalism because “only in socialism and in communism the human being reaches his full dignity.”
  • It does not allow for the existence of other political parties and independent media,
  • It denies the possibility of directly electing the president of the country,

The organizations supporting the “No” vote  are: Artists against Decree 349, Damas de Blanco Association, Asociación Pro Libertad de Prensa (APLP), Independent Trade Union Association of Cuba (ASIC), Citizens Committee for Racial Integration (CIR) ), Cuba Independiente y Democrática (CID), Cuba Piensa, Foro Antitotalitario Unido (FANTU), Cuban Foundation for LGBTI Rights, Cuban Youth Dialogue Table (MDJC), Citizen Movement Reflection and Reconciliation, Cuban Reflection Movement, Maceista Movement for Dignity, Cuban Observatory of Human Rights (OCDH), Observatory of Electoral Rights (ODE), Party for Democracy Pedro Luis Boitel, Project Di.Verso, OCDH Support Network and Patriotic Union of Cuba (UNPACU).

 Amnesty International’s  Criticism of the Draft Constitution[5]

 Amnesty International had the following comments on the revised draft:

  1. “At first glance, it appears to strengthen a host of human rights protections. But at a closer look, it quickly limits them to what is already found in national law. . . many of which are contrary to international law and standards.”
  2. “On paper, it provides better protections to people accused of crime—like the right to a defence lawyer. In practice, all lawyers work for the state and rarely are prepared or able to mount an adequate defense without losing their job.”
  3. It maintains undue restrictions on freedom of expression. While article 59 ‘recognizes, respects and guarantees the freedom of thought, conscience and expression, Article 60 retains control over the organization and functioning of all media. This is inconsistent with international human rights law and standards, that require states not to have monopoly control over the media and,instead promote a plurality of sources and views.”
  4. “It also stands to continue online censorship. On the one hand, the text proposes the “democratization of cyberspace. but on the other it condemns the use of the Internet for ‘subversion’ (Article 16.l). This could allow for criminal laws to be applied arbitrarily against independent journalists and bloggers, who already work in a legal limbo that exposes them to arbitrary detention, and whose work is already being blocked and filtered.”
  5. “It continues to place undue restrictions on freedom of assembly, demonstration and association. Article 61 states that these rights, ‘For lawful and peaceful purposes,’ are recognized by the State whenever they are exercised with respect to public order and compliance with the mandatory provisions of the law.’ However, international law and standards are clear that the only legitimate reasons to restrict these rights is for  the protection of national security, public order, public health or morals, or the rights of others. In practice, protest by political opposition groups and human rights defenders are not tolerated by the authorities. For example, representatives of the Ladies in White, a group of female relatives of prisoners detained on politically motivated grounds, continue to be arbitrarily detained, usually for several hours each weekend, solely for exercising their right to freedom of association and peaceful assembly,”
  6. “It undermines artistic expression. Article 95.h protects artistic expression, but only when it conforms with ‘socialist values.’ Not only is this provision an undue restriction of freedom of expression, but in practice, anyone who dares to speak out against the government is quickly labeled ‘counter-revolutionary.’ One of the first laws signed by President Díaz Canal was Decree 349, a dystopian new law which stands to censor artists.”[6]
  7. “The reforms are unlikely to strengthen the independence of the judiciary or protect the right to fair trial. Article 48 protects the right to be tried before a ‘competent, independent, and impartial tribunal established by law.’ These are all key elements to ensuring the right to a fair trial. At the same time, Article 8 subordinates all organs of the state – presumably including the judiciary – to ‘socialist values’ which in practice may allow for undue interference by the presidency in judicial decisions. Serious and ongoing limitations on the independence of lawyers and the judiciary have been documented by Amnesty International and the UN for decades.”
  8. “If approved, it will pave the way for Cuba to become the first independent nation in the Caribbean to legalize same sex marriage. The revised Constitution defines marriage as between two people (Article 68) and prohibits discrimination on the grounds of sexual orientation or gender identity (Article 40). While these provisions are a huge step forward in the path for equality and dignity for all, LGBTI activists say authorities still tightly control LGBTI activism outside of state-sanctioned spaces.”
  9. “It guarantees several economic, social and cultural rights. The proposed Constitution recognizes that human rights cannot be divided and depend on each other to make them happen in a progressive way and without discrimination (Article 39). The state recognizes its responsibility for the protection of older people (Article 73), and people living with disabilities (Article 74). It recognizes the right of people to “dignified housing” (Article 82), and the responsibility of the Cuban state to guarantee the rights to “public health” (Article 83), education (Articles 84), water (Article 87) and food (Article 88). Nevertheless, in a context where the judiciary is not independent, enforcing these rights through the courts will be unrealistic in practice.”
  10. “It commits Cuba to promoting the protection and conservation of the environment and to confronting climate change, which it recognizes as a ‘threat to the survival of the human species’ (Article 16). Cuba could strengthen this commitment further by joining fellow Caribbean countries in signing the Escazú Agreement, a major step forward for the right of people to access information and participate in policies, projects and decisions that affect the environment.”

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[1] Assoc. Press, Cuban Assembly Approves Draft of New Constitution, N.Y. Times (Dec. 22, 2018); Reuters, Cuban Lawmakers Approve New Constitution Which Heads to Referendum, N.Y. Times (Dec. 22, 2018); Intervention of Romero Acosta in the National Assembly, on the main changes of the Constitution from the Popular consultation, Granma (Dec. 22, 2018).See also prior posts about the new constitution in the ”Cuba’s New Constitution, 2018” section of List of Posts to dwkcommentaries—Topical: CUBA.

[2] Gamez Torres, After 60 years of revolution in Cuba, cracks in leadership emerge, Miami Herald (Dec. 27, 2018); Reuters, “Reality” Bites: Cuba Plans More Austerity as Finances Worsen, N.Y. Times (Dec. 28, 2018).

[3] See Cuba Relaxes Some New Rules Regarding Private Enterprise, dwkcommentaries.com (Dec.7, 2018).

[4]  Start a campaign for the ‘No’ to the new constitution, Diario de Cuba (Dec. 23, 2018); 20 reasons to vote NO on the constitutional referendum, Diario de Cuba (Dec. 26, 2018); The new Constitution will not reflect the society to which Cubans aspire, Diario de Cuba (Dec. 18, 2018).

[5]  Amnesty Int’l, 10 ways reforms to Cuba’s constitution would impact human rights (Nov. 21, 2018); Tillotson, Ten repercussions for the human rights of the reform of the Constitution of Cuba, El confidencial (Nov. 21, 2018).

[6] See Cuba Tightens Censorship of the Arts, dwkcommentaires.com (Dec. 26, 2018).

Cuba’s National Assembly Approves Draft Constitution

On July 22, Cuba’s National Assembly of Popular Power approved the draft of the new Cuba Constitution. It will now go to a period of “popular consultation, August 13-November 15, and afterwards to a national referendum. [1]

In a concluding address to this session, President Miguel Diaz-Canel said, “The behavior of the economy in the first . . .[half of the year] closes with 1.1 percent growth. A tense situation remains in finance, due to several factors. This situation forces us to ensure control measures in the 2018 Plan. To achieve this we must appeal to the maximum use and efficient use of available resources. In these circumstances, the effort must be multiplied.”

Previously the Cuban government had said the country “needs up to 7 percent annual growth to fully recover and develop from the collapse of former benefactor the Soviet Union, and more recently, Venezuela. The drop in revenues has led Cuba to postpone payments to many suppliers and joint venture partners over the last two years, the government has admitted. Diaz-Canel on Sunday called on the country to work harder to improve the economy and “gradually re-establish the financial credibility of the nation.”

Therefore, we “must draw up an objective and sustainable Plan for the Economy for 2019, but one that does not renounce economic growth.”

As noted in a prior post, the draft Constitution recognizes the right to private property.

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[1]  No surprises, the National Assembly approves the Constitution Project of the Republic of Cuba, Diario de Cuba (July 22, 2018); Diaz-Canel: A Constitution that reflects today and the future of the Fatherland, Cubadebate (July 22, 2018); Semple, New Cuba Constitution, Recognizing Private Property, Approved by Lawmakers, N.Y. Times (July 22, 2018); Reuters, Cuba Economic Growth Weak, President Says, as Lawmakers Approve New Constitution, N.Y. Times (July 22, 2018).