New Cuba Constitution Draft Recognizes Right to Private Property

Since Cuba’s election of a new president this past April, an official commission has been drafting a new constitution for the island nation. Recently, the commission presented the draft to the 7th Plenum of the Central Committee of the Party and the Council of State, in which each of its precepts was “deeply analyzed.” On July 21-23 the draft will be presented for approval to Cuba’s national assembly (the National Assembly of the People’s Power), and later this year to the people in a national referendum.[1]

On July 14, an official website of the Communist Party of  Cuba, published a summary of the current draft of the new constitution that said it recognized both a free market and private property. More specifically, it said the draft “ratifies constitutionally the importance of foreign investment for the economic development of the country, with due guarantees. Regarding private property on the land, a special regime is maintained, with limitations on its transmission and the preferential right of the State to its acquisition through its fair price.”

On the other hand, this summary reaffirmed that state enterprise and central planning are the pillars of the economy and that the Communist Party would remain as the dominant political force.

Cuba expert Luis Carlos Battista at the Washington-based Center for Democracy in the Americas cautioned that the acknowledgement of private property did not mean the government wanted to give private enterprise a greater role. Last week, he noted, the government published a set of regulations tightening control on the self-employed and hiking possible fines to include property confiscation.[2]

Other changes in the draft are the creation of the position of prime minister as the head of government, making the president the head of the national assembly with a limit of two consecutive five-year terms and creating a new presumption of innocence in the criminal justice system. It will maintain religious freedom.

In addition, the draft expressly calls for “the promotion of respect for international law and multipolarity among States; the repudiation of all forms of terrorism, particularly State terrorism; the rejection of the proliferation and use of nuclear weapons, of mass extermination or others with similar effects; the protection and conservation of the environment and the fight against climate change, as well as defends the democratization of cyberspace and condemns its use for subversive and destabilizing purposes of sovereign nations.”

The proposed new constitution, according to Cubadebate, was made necessary by “the experience of the years of the revolution [since 1959], the new directions drawn from the implementation of the guidelines for Economic and Social Policy approved by the Sixth Party Congress [in 2011], the objectives emanating from the First National Conference [of the Party in 2012], as well as the decisions adopted in the Seventh Party Congress [in 2016].”[3]

The commission is headed by Raúl Castro while one of its members is the new president, Miguel Diaz-Canel.

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[1]  Know the main aspects of the Draft of the new Constitution, Cubadebate (July 14, 2018); Reuters, Communist-Run Cuba to Recognize Private Property in New Constitution, N. Y. Times (July 14, 2018); Assoc. Press, Cuba to Reshape Government With New Constitution, N.Y. Times (July 14, 2018).

[2]  See these posts and comments on dwkcommentaries.com: Cuba announces New Regulations for Private Business (July 10, 2018); More Details on New Cuban Regulations on Private Business (July 11, 2018);  Comment: Yet More Details on New Cuban Regulations on Private Business, (July 13, 2018).

[3] See these posts to dwkcommentaries.com: Raúl Castro Discusses Cuba-U.S. Relations in Report to Seventh Congress of the Communist Party of Cuba (April 18, 2016); Raúl Castro Discusses Scio-Economic Issues in Report to Seventh Congress of the Communist Party of Cuba (April 19, 2016); Conclusion of Seventh Congress of Communist Party of Cuba (April 20, 2016).

A Pessimistic Assessment of Cuba’s Economic Future

Jorge G. Castañeda, the Foreign Minister of Mexico from 2000 to 2003,[1] has rendered a pessimistic assessment of Latin American socialism, especially in Venezuela and Cuba.[2]

He starts with the assertion that the recent “Cubana de Aviación airliner’s crash in Havana . . . [was an] illustration of the utter bankruptcy of the 21st century socialism.” Later in the article he says, like “the Cuban economy, the plane was old, poorly maintained, leased by the national airline because it was the only one it could afford, and the rest of Cubana de Aviación’s domestic fleet had already been grounded.” (A subsequent article reported that Cubana de Aviación has suspended all domestic flights until September.[3])

Cuba, he says, “paid a heavy price for the initial, and perhaps enduring, successes of its revolution: education, health and dignity. But from the very beginning — with the exception of a few years between the collapse of the Soviet Union and the end of its subsidies to Cuba in 1992 and the advent of Venezuelan support in 1999 — it always found someone to pay the bills. The next option was meant to be the United States. That no longer seems possible.”

Now, with a new president, Cuba “again faces enormous economic and social challenges. They stem from three problems with no solutions.”

“First, says Castañeda, is the fall of tourism from the United States and the new tough line on Cuba adopted by the Trump administration. Through March of this year, the number of visitors from the United States is down more than 40 percent compared with 2017. This is partly because of travel warnings over safety issued by Washington, partly because of new travel restrictions put in place by President Trump [[4]] and because after the initial boom of nostalgic tourism, Cuba is now competing for normal travelers with the rest of the Caribbean. Its beauty and charm do not easily outweigh other destinations’ far superior services and infrastructure, and lower prices. Today myriad start-up businesses — always thought to be too small and numerous to survive — that sprang up for United States visitors are failing as a result of falling tourism.” [5]

Second, according to Castańeda, “American sanctions and Cuban fear of economic reforms have rendered the push for greater foreign investment somewhat futile. After an initial rush of highly publicized announcements, some United States companies have proved reluctant to run risks, particularly given Mr. Trump’s hostility toward all things Obama, and his dependence on Florida for re-election.”

As a result, he continues, the Cuban “economy has stopped growing, scarcities have re-emerged and new opportunities for employment and hard-currency earnings are not appearing. If one adds to this the government’s decision to suspend new cuentapropista or private self-employment permits, it is no surprise to discover that economic prospects are dim.”

Third, “Venezuela is no longer able to subsidize Cuba’s transition to a Vietnam-style socialist economy the way it did before.” In short, Venezuela cannot now provide oil to Cuba at below-market prices and on credit and cannot pay for Cuban doctors, teachers and intelligence personnel, which has been a major source of Cuban export earnings.

Nevertheless, Venezuela is “Cuba’s only unconditional ally in the world.” Hence, the first foreign leader to visit Cuba’s new president, Miguel Diaz-Canel, was Venezuela’s president, Nicolás Maduro, and Diaz-Canel returned the favor by making his first foreign visit to Venezuela.[6]

Now the U.S. is pressing for increased hemispheric sanctions against Venezuela with U.S. Secretary of State Mike Pompeo on June 4 being expected to drop the next shoe in an address to the  General Assembly of the Organization of American States.[7] If any of those anticipated U.S. requests are met, this will increase the pressures on Cuba.

Conclusion

 In partial response to these issues, on June 2 Cuba started the process for revising its constitution with the agenda for an extraordinary session of its national legislature (the National Assembly of People’s Power) including approval of “the process to be followed in carrying out Constitutional Reform and the commission of deputies responsible for drafting and presenting the proposed Constitution of the Republic.”  This first step was the approval of a commission to prepare a draft of a revised constitution that will be headed by Raúl Castro, the former president, Diaz-Canel, the current president, and 31 others. Once the constitutional draft is ready, it is slated to be discussed first by the national legislature and then by the broader population, before being submitted to a referendum.[8]

One of the major anticipated challenges for drafting the new constitution will be validating private ownership of property and businesses while simultaneously upholding the “irrevocable nature of socialism.” Perhaps the selection of Castro as the chair of this constitutional commission is not as anti-economic reform as might appear to outsiders. After all Raúl first announced the need for a new constitution in 2011 after embarking on a series of reforms cautiously opening up the economy to foreign investment and the private sector in order to make Cuban socialism sustainable. And at the Communist Party’s Congress in 2016, Castro praised the innovations of the private sector and criticized the “outdated mentalities” and “inertia” of state-owned enterprises.[9]

Such a change will have to delete or modify a current constitutional clause forbidding Cubans from “obtaining income that comes from exploiting the work of others.” “According to Julio Perez, a political analyst and former news editor at state-run Radio Habana, said “Cuba has to make substantial changes to the constitution that endorse private property, self-employment and cooperatives as part of the Cuban economy.”

Simultaneously there are reports that the government is preparing decrees regarding norms for 2,386 Cooperatives of Credit and Services (CCS), 650 Cooperatives of Agricultural Production (CPA) and 1,084 Basic Units of Cooperative Production (UBPC) operating in the agricultural sector and producing 92% of the island’s food.[10]

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[1] Castañeda now is Associated Professor of Public Service, New York University (NYU) Wagner; Global Distinguished Professor of Politics and Latin American and Caribbean Studies, NYU Faculty of Arts and Science. He also is a former member of the  board of Human Rights Watch and a noted author.

[2] Castañeda, The Bankruptcy of 21st Century Socialism, N.Y. Times (June 2, 2018).

[3] Cubano de Aviación will maintain the suspension of domestic flights at least until September, Diario de Cuba (June 2, 2018).

[4] This blog has criticized the 2017 State Department’s urging Americans to reconsider traveling to Cuba because of the still unresolved medical problems experienced by some U.S. (and Canadian) diplomats in Havana and the U.S. cancellation of individual person-to-person travel to Cuba. (E.g., A New Travel Warning for Americans Traveling to Cuba, dwkcommentaries.com (Sept. 19, 2017); New U.S. Regulations Regarding U.S. Travel to Cuba and Transactions with Cuban Entitles, dwkcommentaries.com (Nov. 8, 2017).)

[5]  As this blog has reported, Cuba’s private sector was flourishing in 2015-2016, but has fallen into hard times as a result of new Cuban restrictions on such enterprises and the decline of American visitors, a result that should be contrary to the normal Republican promotion of entrepreneurship and of a potential challenge to Cuba’s socialism. (See., e.g., Why Is the Cuban Government Trying To Slow Down the Private Sector? dwkcommentaries.com (Aug. 3, 2017).)

[6] E.g., Cuba’s New Leader Praises Maduro in ‘Solidarity’ Visit to Venezuela, N.Y. Times (May 30, 2018); Why did Díaz-Canel make his first state visit as President to Venezuela?, Granma (June 1, 2018).

[7] U.S. State Dep’t, Secretary of State Pompeo to Lead U.S. Delegation to the Organization of American States General Assembly (June 1, 2018).

[8] Reuters, Cuba Set to Launch Constitutional Rewrite to Reflect Reforms, N.Y. Times (June 2, 2018); Raúl will lead the Commission in charge of the project of Constitution of the Republic (+ Video), Granma (June 2, 2018); Díaz-Canel: The new Constitution will take into account the principles of our political system, Granma (June 2, 2018); Deputies will continue meeting following extraordinary session, Granma (June 1, 2018); Romero, Constitutional Reform in Cuba: Priority for ANPP commissions, Cubadebate (June 2, 2018); Assoc. Press, Cuba Forms Commission to Update Soviet-Era Constitution, N.Y. Times (June 2, 2018); Reuters, Raul Castro Appointed to Head Rewrite of Cuba Constitution, N.Y. Times (June 2, 2018).

[9] Raúl Castro Discusses Socio-Economic Issues in Report to Seventh Congress of the Communist Party of Cuba, dwkcommentaries.com (April 19, 2016); President Raúl Castro Affirms Importance of Cuba’s Private Sector, dwkcommentaries.com (July 18, 2017).

[10] The government prepares laws for Cuban agricultural cooperatives, producers of 92% of food, Diario de Cuba (June 2, 2018).

Raúl Castro To Remain Cuba’s President for At Least Two More Months  

On December 21, 2017, Cuba’s National Assembly determined that Raúl Castro’s term as President would be extended from February 24 to April 19. The stated reason for the extension was the delay in the start of the electoral cycle caused by Hurricane Irma.[1]

Some, however, speculate that the real reason for the extension is trying to cope with Cuba’s many economic and political problems—slower economic growth (if not decline), declining support from struggling Venezuela and increased U.S. hostility. Perhaps a clearer indication of what is happening will be provided by the March meeting of the Central Committee of Cuba’s Communist Party to discuss the results of the economic guidelines, or reforms, introduced under Castro and talk about a strategy for the coming years.[2]

Indeed, during this session of the National Assembly President Castro said, “Next year will also be complicated for the external finances of the nation, however, we will continue credibility of our economy and reiterate to the creditors the fulfillment of the agreed commitments, and we thank support and understanding for the transitory difficulties that we face.” However, Castro did say, “when the National Assembly is constituted, my second and last term [as] . . . the head of the State and the Government [will end] and Cuba will have a new president.”

Simultaneously the Cuban Government announced new regulations on the emerging private and cooperative sectors of the nation’s economy to more closely regulate the income distribution by cooperatives so that no one may earn more than three times of others in the cooperative.  This resulted from investigations revealing that in some non-agricultural cooperatives the president earned fourteen times more than the workers, that this is not a cooperative, but rather a private company and cannot be allowed.

In addition, a cooperative may operate in only one province where it has a legal domicile,  and business licenses will be limited to one per person.

Cuba’s Vice President Marino Murillo, who is also the government’s economy czar, said there will be no new approvals for the time being for non-agricultural cooperatives, while their maximum and minimum earnings will be limited to avoid the existence of de-facto private businesses.

According to Michael Bustamante, an assistant professor of Latin American history at Florida International University, these new regulations “suggest a continued slowing down, if not an undoing, of the economic reforms implemented between 2010 and 2016.”

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[1] Deputies approve extension of the mandate of the provincial assemblies and the National Assembly, Granma (Dec. 21, 2017); Raúl Castro: “Here we are and we will be; free, sovereign and independent, CubaDebate (Dec. 21, 2017); Morales, Evaluates the march of the implementation of the Guidelines, Granma (Dec. 21, 2017); Murillo, The problems we have faced in the Update are more complex and deeper than we had thought, Granma (Dec. 22, 2017); Reuters, Cuba Delays Historic Handover from Castro to New President, N.Y. times (Dec. 21, 2017); Assoc. Press, Castro Confirms He Will Stay Cuba’s President to April, N.Y. Times (Dec. 21, 2017); Londońo, Cuba Delays End of Raúl Castro’s Presidency by Two Months, N.Y. Times (Dec. 21, 2017); Whitefield & Torres, Cuban Leader Raúl Castro will stay in power past February, Miami Herald (Dec. 21, 2107).

[2] As reported in a December 1 comment to a post about Cuba’s elections, Domingo Amuchastegui, a former Cuban intelligence analyst who now lives in Miami, said, “The fatherland is in danger; it is facing very difficult economic circumstances plus the threat of aggression from a historical enemy. Facing difficult circumstances, revolutionary leaders don’t back down. These are not times to enjoy life in Varadero and spend time with the grandchildren.”

 

 

Cuba’s Elections, 2017-2018

Cuba has elections by private ballot for members of its local legislatures (Municipal Assemblies of People’s Power); provincial legislatures (Provincial Assemblies of People’s Power); and national legislature (National Assembly of People’s Power). The initial such election in 2017-2018 occurred on November 26 for the local legislatures. This post looks at that election and the direct elections early next year for the other legislatures and the indirect election on February 24, 2018, of Cuba’s president.[1]

Municipal Assemblies of People’s Power Election

On November 26, Cuba held its national election of delegates to 168 Municipal Assemblies of People’s Power, which are local governing bodies. There were more than 42,300 polling stations and 27,221 candidates, 35.4% of whom were women, and 19.4%, young people. The majority of candidates have secondary and higher education, and workers from the production and services, as well as administration sectors, are most widely represented, although there are also non-state sector workers among the candidates. These candidates were chosen by nomination assemblies from September 4 through October 30 with the participation of 6.7 million voters. Such elections occur every two and a half years.[2]

Preliminary electoral data reveals that 7.6 million Cubans voted, which was 85.9% of those on the electoral register and that 11,415 delegates were elected. Another 1,100 delegates will be elected in a second round of voting on December 3 as a result of ties or no one receiving more than 50% of the valid votes.[3]

The 85.9% turnout sounds incredibly high to American observers. However, it was the lowest participation since the late Fidel Castro imposed a system of elections in 1976. Moreover, 8.2% of the ballots were left blank or annulled. Thus, a combined 22.3% of the population did not vote or rejected the government-sanctioned candidates. Even this figure may understate the proportion of non-participation as opposition activists question the validity of the official statistics.

The U.S. State Department immediately attacked the validity of these municipal elections. Its spokeswoman, Heather Nauert, said they were “the first stage in what we consider to be a flawed process that will culminate in a non-democratic selection of a new president in 2018. Unfortunately, the elections that took place further demonstrate how the Cuban regime maintains an authoritarian state while attempting to sell the myth of a democracy around the world.” She added, “Despite courageous efforts by an unprecedented number of independent candidates this year, none . . . [was] allowed on the ballot. The regime, once again, used intimidation, arcane technicalities, and false charges to discourage and disqualify independent candidates from running. Democracy is not quantified by participation alone; democracy is undermined when voters may only choose candidates who follow one ideology.” [4]

Yet another negative comment was made by Ms. Nauert. “It’s important to remember the dozens of political prisoners who are unjustly held in Cuba. So far in 2017, there have been more than 4,500 arbitrary detentions for political motives. The detentions show that Cuban citizens cannot exercise their fundamental freedoms to organize, assemble, or express themselves. Those are all vital components of democratic elections.”

There indeed is evidence that the Cuban Government took steps to discourage, and in fact, to eliminate independent candidates from running for these municipal government positions. An independent Cuban news source reported that the “majority of the  independent candidates  who tried to run for the ‘elections’ in the Nominating Assemblies of constituency delegates did not achieve their goal. The regime frustrated the effort through arbitrary arrests, police summons, criminal proceedings, acts of repudiation and even the capture of people.”[5]

Miguel Diaz-Canel, Cuba’s First Vice President and the rumored next President, openly said before the elections that the government was  “taking all steps to discredit” the  independent candidates because if they reached the Municipal Assemblies that “would be a way to legitimize the counterrevolution within our civil society.”  Just after he voted, he made a lengthy statement to the  press, saying the voting would deliver a message to the world. “What message? Unity. Conviction. A message that our people don’t bow down, not to a hurricane and even less to external pressure and some people’s desire to see our system change.” He also said the future presidents of Cuba “will always defend the Revolution and will rise from among the people. They will be elected by the people. Are people forced to vote or do they take on a duty, take on an expression of continuity” in the socialist system?  “I believe in continuity and I am certain that we will always have continuity.”[6]

Provincial Assemblies of People’s Power Election

Each of Cuba’s 14 provinces has its own Assembly of People’s Power that oversees transportation and communication systems throughout the province and recommends legislation regarding national crime and allocations of resources for development. Each such Assembly elects a provincial committee whose  president functions as the provincial governor.

The provincial assembly members are elected directly by the people to five-year terms, Only candidates belonging to the Communist Party of Cuba are allowed to run. Their next election will be in early February 2018.

 National Assembly of People’s Power Election

In early February 2018 there will be a national direct election of 614 members of the unicameral National Assembly for five-year terms. This election is limited to a slate of approved candidates chosen by the National Candidature Commission, and such candidates run unopposed. Candidates are required to obtain at least 50% of the valid votes to be elected. If no candidate passes that threshold, the seat is left vacant although the Council of State my choose to hold a special election to fill the vacancy.

The National Assembly “is the supreme organ of state and the sole legislative authority. . . . [and] has the formal power, among others, to approve the budget and the national economic plan; elect the members of the Supreme Court; and generally oversee the rule-making activities and electoral processes of the provincial assemblies and municipal assemblies.” But it “meets [only] twice a year for a few days to rubber stamp decisions and policies previously decided by the governing Council of State.”

Since the National Assembly meets only twice a year for a few days each time, the 31-member Council of State wields supreme legislative authority. Another body, the Council of Ministers through its nine-member executive committee, handles the administration of the government and the economy.

Cuba’s Presidential Election

There is no popular election of the president of Cuba. Instead, the newly elected National Assembly will elect an individual for that position for a five-year term with possible re-election to another such term. The current president, Raúl Castro, age 86, has said that he will not seek another term, and the current First Vice President, Miguel Diaz-Canel, is widely expected to be chosen for that office on February 24, 2018.

In addition to Diaz-Canel’s recent comments noted above, he also was the highest-ranking official at a concert held on the steps of the University of Havana last Saturday night in tribute to Fidel Castro on the first anniversary of his death. Afterwards Diaz-Canel said he was optimistic about the attitude of Cuban youths toward the system founded by Fidel Castro in 1959 and led by a member of the Castro family for nearly six decades. “When one sees young people gathering in solidarity in the name of the Cuban people, feeling so much for Fidel, I’m convinced that we’ll see the youth and the Cuban people out defending the revolution at the polls tomorrow.”[7]

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[1] This post’s simplified account of the provincial and national legislatures of Cuba and certain other organs of its government is based upon the following sources: The structure of Cuban State, Granma (Mar. 11, 2014); Cuban Government, Legislature, countriesquest.com; CIA World Factbook: Cuba;    Cuban parliamentary election, 2018, Wikipedia; Cuba’s Government, Global Security.org. Comments correcting any errors in this account are most welcome.

[2] Elections begin in Cuba, Granma (Nov. 26, 2017); Morales, Garcia & Pérez, Cuba ready for election day, Granma (Nov. 24, 2017); Elections in Cuba, Wikipedia.

[3] Morales, Second round elections scheduled for 1,100 constituencies, Granma (Nov. 28, 2017).

[4] U.S. State Dep’t, Daily Press Briefing (Nov. 28, 2017); Reuters, U.S. State Department Criticizes Cuban Municipal Vote as ‘Flawed,’ N.Y. Times (Nov. 28, 2017).

[5] Independent observers register numerous ‘incidents’ in the municipal ‘elections,’ Diario de Cuba (Nov. 27, 2017).

[6] Torres, Cuba had the lowest election turnout in four decades. Is the government losing its grip? Miami Herald (Nov. 28, 2017); Low participation in the ‘elections’ without opponents of the regime, Diario de Cuba (Nov. 28, 2017); Torres, 175 Cuban dissidents tried to run for office. Here’s how Castro’s government reacted, Miami Herald (Nov. 10, 2017).

[7] Assoc. Press, Cuba’s Expected Next President Starts to Take Higher Profile, N.Y. Times (Nov. 26, 2017).

U.S. State Department’s Positive Assessment of Cuban Religious Freedom  

On August 15, 2017, the U.S. State Department released its annual report on religious freedom in nearly 200 countries and territories in the world. This report is a requirement pursuant to the International Religious Freedom Act of 1998, as amended; legislation that upholds religious freedom as a core American value under the Constitution’s First Amendment, as well as a universal human right. This law calls for the government to, quote, “[Stand] for liberty and [stand] with the persecuted, to use and implement appropriate tools in the United States foreign policy apparatus, including diplomatic, political, commercial, charitable, educational, and cultural channels, to promote respect for religious freedom by all governments and peoples.”[1]

The release was accompanied by remarks from Secretary of State Rex Tillerson, who said, “conditions in many parts of the world are far from ideal. Religious persecution and intolerance remains far too prevalent. Almost 80 percent of the global population live with restrictions on or hostilities to limit their freedom of religion. Where religious freedom is not protected, we know that instability, human rights abuses, and violent extremism have a greater opportunity to take root.” He specifically mentioned serious concerns about religious freedom in ISIS, Iran, Saudi Arabia, Turkey, Bahrain, China, Pakistan and Sudan. Subsequently Ambassador Michael Kozak, the Bureau of Democracy, Human Rights and Labor, conducted a telephone conference briefing with journalists.[2]

Our focus here is examining the report’s substantially positive assessment of religious freedom in Cuba in 2016.[3] A more negative evaluation of Cuba was provided earlier this year by the U.S. Commission on International Religious Freedom, an unusual, quasi-governmental group; its report about Cuba  also will be discussed before providing my own observations.

State Department’s Assessment of Cuba[4]

Religious Demography

“The U.S. government estimates the total population at 11.2 million (July 2016 estimate). There is no independent, authoritative source on the overall size or composition of religious groups. The Roman Catholic Church estimates 60 to 70 percent of the population identify as Catholic. Membership in Protestant churches is estimated at 5 percent of the population. Pentecostals and Baptists are likely the largest Protestant denominations. The Assemblies of God reports approximately 110,000 members and the Four Baptist Conventions estimate their combined membership at more than 100,000 members. Jehovah’s Witnesses estimate their members at 96,000; Methodists at 36,000; Seventh-day Adventists at 35,000; Anglicans, 22,500; Presbyterians, 15,500; Episcopalians, 6,000; Quakers, 300; and The Church of Jesus Christ of Latter-day Saints (Mormons), 100. The Jewish community estimates it has 1,500 members, of whom 1,200 reside in Havana. According to the Islamic League, there are 2,000 to 3,000 Muslims residing in the country, of whom an estimated 1,500 are Cubans. Other religious groups include Greek Orthodox, Russian Orthodox, Buddhists, and Bahais.”

“Many individuals, particularly in the African Cuban community, practice religions with roots in West Africa and the Congo River Basin, known collectively as Santeria. These religious practices are commonly intermingled with Catholicism, and some require Catholic baptism for full initiation, making it difficult to estimate accurately their total membership.”

Executive Summary

The constitution provides for freedom of religion and prohibits discrimination based on religion. The government and the Cuban Communist Party monitored religious groups through the Office of Religious Affairs (ORA) in the Ministry of Justice (MOJ) and continued to control most aspects of religious life. Observers noted that the government harassed some religious leaders and their followers, with reports of threats, detentions, and violence. Evangelical and other Protestant religious leaders reported the government threatened to expropriate some religious properties under zoning laws passed in 2015 but took no action during the year. Christian Solidarity Worldwide (CSW) reported in a January publication that there was an increase in government threats to close churches from 2014 to 2015. The majority was related to government threats to close churches belonging to Assemblies of God congregations, but the Assemblies of God and the government were able to reach an agreement which enabled the churches to stay open. Religious groups reported a continued increase in the ability of their members to conduct charitable and educational projects, such as operating before and after school and community service programs, assisting with care of the elderly, and maintaining small libraries of religious materials. Multiple high-level leaders from Catholic, Protestant, and minority religious groups agreed the religious freedom environment had improved compared to past years.” (Emphases added.)[5]

There were no reports of significant societal actions affecting religious freedom.” (Emphasis added.)

“U.S. embassy officials met with officials from the ORA to discuss the registration process for religious organizations and inquire about the rights of nonregistered groups to practice their religion. Embassy officials also met with the head of the Council of Cuban Churches (CCC), an officially recognized organization that has close ties to the government and comprises most Protestant groups, to discuss their operations and programs. The [U.S.] Ambassador at Large for International Religious Freedom and the [U.S.] Special Representative for Religion and Global Affairs met with leaders of Catholic, Protestant, and minority religious groups to discuss the religious freedom environment in the country. The embassy remained in close contact with religious groups, including facilitating exchanges between visiting religious delegations and religious groups in the country. In public statements, the U.S. government called upon the government to respect the fundamental freedoms of its citizens, including the freedom of religion.”

U.S. Commission’s Evaluation of Cuba[6]

On April 26, 2017, the Commission released its 2017 report on religious freedom in 36 countries and one region, in contrast to the nearly 200 countries covered by the State Department. The Commission’s nine unpaid, part-time commissioners are appointed by various federal government officials supported by an ex-officio non-voting member (U.S. Ambassador David Saperstein), an executive director, four directors, an executive writer, five policy analysts, one researcher and four administrative staff, all based in Washington, D.C. It apparently has an annual budget of only $ 3.5 million.[7]

The 36 countries (and one region) evaluated by the Commission fall into the following three groups:

  • The 16 countries that the Commission believes constitute “countries of particular concern” (CPC) or “any country whose government engages in or tolerates particularly egregious religious freedom violations that are systematic, ongoing, and egregious” and that the Commission recommends that the State Department so designate. (Pp. 3-4)
  • The 12 countries that the Commission believes constitute “Tier 2 nations in which the violations engaged in or tolerated by the government are serious and characterized by at least one of the elements of the ‘systematic, ongoing, and egregious’ CPC standard;” Cuba is one of these 12 countries (Pp. 3-4)
  • The 8 other countries and one region that the Commission has monitored, but are not deemed to be CPC or Tier 2. (Pp. 3-4)

For Cuba, the Commission’s “Key Findings” were the following: “During the reporting period, religious freedom conditions in Cuba continued to deteriorate due to the government’s short-term detentions of religious leaders, demolition of churches, and threats to confiscate churches. In addition, the Cuban government harasses religious leaders and laity, interferes in religious groups’ internal affairs, and prevents—at times violently—human rights and pro-democracy activists from participating in religious activities. The Cuban government actively limits, controls, and monitors religious practice through a restrictive system of laws and policies, surveillance, and harassment. Based on these concerns, USCIRF again places Cuba on its Tier 2 in 2017, as it has since 2004.” (P. 134)

Almost all of the specifics that purportedly underlie these Key Findings relate to churches affiliated with the Apostolic Movement;[8] Assemblies of God churches, which the State Department reports had settled its problems with the Cuban government; the Western Baptist Convention; and the detentions of Ladies in White protestors (pp. 136-38). Apparently, the Commission’s discussion of Cuba is based in whole or in part on reports by Christian Solidarity Worldwide, which has headquartered in the United Kingdom with offices in Washington, D.C. and Brussels, Belgium and which only obtained U.N. accredited consultative status after eight years by the U.N. Economic and Social Council in April 2017 by a vote of 28-9 with 12 abstentions.

Purportedly based on these Key Findings, the Commission made certain recommendations to the federal government (p. 134).

Conclusion

I believe that the State Department’s assessment on Cuba is more reliable than that from the U.S. Commission, as a mere comparison of their respective reports and as the mere listing of the various religious groups active on the island in the Department’s report should demonstrate.

Moreover, the Department has experienced diplomats in Cuba who met during the year with various Cuban government and religious officials supplemented by visits to Cuba by Washington, D.C. Department officials with responsibility for assessing religious freedom around the world. In contrast, the Commission is a very small organization with limited resources in Washington, D.C. without personnel in Cuba or visits to Cuba and that apparently has focused on a small number of Cuban churches, some of which apparently are affiliated with a little-known church in California and with apparent reliance on a little-known U.K. group that only recently received U.N. accredited consultative status by a divided vote.

The Department’s assessment also is supported by my personal experience.

Over the last 15 years as a member of Minneapolis’ Westminster Presbyterian Church I have been actively involved in our partnerships with a small Presbyterian-Reformed Church in the city of Matanzas on the north coast of Cuba and with the national Synod of that church. I have been on three church mission trips to Cuba to visit our partner and other Presbyterian-Reformed churches and its campimento (camp) on the island, the ecumenical seminary in Matanzas (Seminario Evangelico de Teologia), Havana’s office of the Council of Cuban Churches and Havana’s Ebenezer Baptist Church and its affiliated Martin Luther King, Jr. Center and Pastor Rev. Raúl Suárez, who has served in Cuba’s legislature (National Assembly of People’s Power).

I also have welcomed and discussed Cuban religious life with Cuban members and pastors on their visits to Minneapolis, including Rev. Dra. Ofelia Miriam Ortega Suárez, the Directora of Havana’s Instituto Cristiano de Estudios Sobre Gênero and a member of Cuba’s legislature (National Assembly of People’s Power). In addition, I have heard from other Westminster members and pastors about their trips to Cuba. This includes some Westminster members who have been involved in installing clean water systems in Cuban Presbyterian-Reformed churches through the Living Waters for the World Ministry of the Synod of Living Waters of the Presbyterian Church (U.S.A.), our denomination, and a Westminster member is now the Moderator of the Cuba Network Coordinating Team for that organization.[9]  Finally I read widely about Cuba, especially its relations with the U.S. and its religious life.

These connections have been very important to me personally and to others at Westminster as we stand in solidarity with our Cuban brothers and sisters. I also was impressed and moved by Pope Francis’ encouragement of U.S.-Cuba normalization and reconciliation in 2013-2014 and his pastoral visits to Cuba and the U.S. in 2015.[10]

I, therefore, believe that at least in the 21st century there has been an ever-increasing role for, and freedom of, religion in Cuba as this poor country struggles to improve the spiritual and economic welfare of its people. I also believe that Westminster and other U.S. churches’ partnering with Cuban churches and people along with Pope Francis’ witness have been God’s servants aiding, and continuing to aid, these encouraging changes.

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[1] U.S. State Dep’t, Preface: International Religious Freedom Report for 2016 (Aug. 15, 2017); U.S. State Dep’t, Overview and Acknowledgement: International Religious Freedom Report for 2016 (Aug. 15, 2017).

[2] U.S. State Dep’t, Secretary Tillerson: Remarks on the 2016 International Religious Freedom Report (Aug. 15, 2017); Special Briefing: Ambassador Michael Kozak, Bureau of Democracy, Human Rights, and Labor (Aug. 15, 2017).

[3] Other posts have discussed the State Department’s and the U.S. Commission on International Religious Freedom’s previous assessments of Cuban religious freedom along with comments by others and the international law regarding freedom of religion; they are listed in the “Cuban Freedom of Religion” section of List of Posts to dwkcommentaries—Topical: Cuba.

[4] U.S. State Dep’t, International Religious Freedom Report for 2016: Cuba (Aug. 15, 2017).

[5] This positive development was emphasized in the body of the Cuba report, which stated, “Religious groups reported their leaders continued to travel abroad to participate in two-way exchanges between local faith-based communities and those in other countries. The majority of religious groups continued to report improvement in their ability to attract new members without government interference, and a reduction in interference from the government in conducting their services.”

[6] U.S. Comm’n Int’l Religious Freedom, 2017 Annual Report (April 26, 2017); Press Release: USCIRF Releases 2017 Annual Report (April 26, 2017).

[7] Grieboski, The Case for Pulling the Plug on the US Commission on  International Religious Freedom, Huffpost (Dec. 18, 2011); Press Release: Rubio Celebrates Signing Of U.S. Commission On International Religious Freedom Reauthorization Act Into Law (Oct. 15, 2015).

[8] The Apostolic Movement apparently is headquartered in San Diego, California as “a Fivefold Ministry organization headed by an Apostolic team of Fivefold Ministers . . .[with] a mandate from God the Father through the Lord Jesus Christ, to go and prepare the Body of Christ for the final move of God . . . [by finding] the Hidden Warriors whom He has hidden away, waiting for the time of their manifestation [based upon the belief that] God has reserved for Himself apostles, both men and women, who are not currently visible or part of the Status Quo Church System.”

[9] A brief discussion of these Westminster connections with Cuba occurs in this blog post: Praise God for Leading U.S. and Cuba to Reconciliation (Dec. 22, 2014).

[10] See the blog posts listed in the “Pope Francis Visits to Cuba & U.S., 2015” in List of Posts to dwkcommentaries—Topical: CUBA.