Cuba Accuses U.S. of Using Ferrer Case To Try to Discredit Cuba

Since mid-October this blog has commented on Cuba’s arrest and detention of José Daniel Ferrer, the leader of Patriotic Union of Cuba (UNPACU). [1]

The Cuban Government had no official response to the many issues raised by this arrest and detention until November 20, when Granma, the official newspaper of the Communist Party of Cuba, published a lengthy statement alleging that Ferrer was acting as an agent of the U.S. [2]

The Granma Article

“The United States government has been conducting a new slander campaign to discredit Cuba, as part of its policy of increased hostility toward our country. Given the resistance of the Cuban people, celebrating the 500th anniversary of the capital [Havana] with optimism, a media effort is being mounted to distract attention from failed U.S. attempts to force the Cuban people to surrender by reinforcing the blockade and depriving us of fuel.”

The pretext for this U.S.media campaign “is the arrest of counter-revolutionary José Daniel Ferrer, a salaried agent of the United States, with a long history of provocative actions, disruption of public order, and violations of the law.”

The U.S. embassy in Cuba led by its chargé d’affaires “has been the fundamental . . . [instrument  for the] orientation, and financing of . . . Ferrer’s conduct, clearly interfering in Cuba’s internal affairs, openly inciting violence, promoting the disruption of order and contempt for the law by this citizen. . . .” [3]

“It is well known that, far from devoting its efforts to promoting bilateral ties, protecting the interests of the U.S. people and their government, and the development of peaceful relations between states, the U.S. diplomatic mission in Cuba, and particularly its chargé d’affaires, have in recent months focused on a failed effort to recruit mercenaries, promoting division and confusion among our people, identifying areas of the economy to attack with coercive measures, and attempting to slander and discredit the work of our government and the Revolution.”

“As usual, the [U.S.] practice of government officials repeating lies, over and over again, is a fundamental ingredient of the campaign.”

“Ferrer was arrested by the police on October 1, in response to a complaint filed by a Cuban citizen, accusing Ferrer and three other individuals of abducting him for an entire night, and giving him such a severe beating that his subsequent hospitalization was required.”

“Ferrer is awaiting trial. He has received a visit from his wife and children, as appropriate in accordance with Cuban regulations.. . . All references to his physical disappearance, to alleged physical abuse, to torture, or insufficient food, are absolutely false, lies deliberately conceived and disseminated by the United States government and its embassy in Havana. He has received proper medical assistance, performs regular physical exercises and, upon request, is provided religious attention.”

“For the record, it must be known, given his activity in the service of the United States government, that  . . . Ferrer has a criminal history of violent behavior, totally unrelated to political motivations. He has recorded violations of the law dating back to 1993. These include attacks with physical violence on other citizens, including women, and public disorder, behaviors that have increased in recent years.”

“It is nothing new for the U.S. government to use people with these characteristics to conduct its subversive activities in Cuba, including slander campaigns with unscrupulous support from the corporate media.”

Comments

The Cuban organization led by Ferrer, Patriotic Union of Cuba (UNPACU), denounced the Cuban government’s statement about him. [4] It said, “The one who does have a long history of murder, brutal beatings, torture, robbery, threats, slander and forced expatriations against his people, and more incisively against dissidents, is the Cuban regime.” The UNPACU statement added the following:

  • “The manifestations of popular discontent against the Cuban regime, which today thanks to the social networks of the Internet we can appreciate on a daily basis, are a direct consequence of 60 years of communist government of a single party that deprives Cuban citizens of fundamental rights and freedoms. which translates into a permanent state of material and spiritual crisis, which from time to time reaches critical levels like the current one.”
  • “In the name of ‘international revolutionary solidarity, the Cuban State trained and armed citizens of other nations on the Island to form guerrillas in their respective countries. Our organization receives unimpeded help from various foreign institutions that promote values ​​such as democracy, freedom, the rule of law and the division between the powers of the state, without which it is impossible for a government to guarantee and respect the human rights of its people.”
  • “With the help we receive, weapons, bombs and terrorism are not bought. With that help we buy printers and sheets to print thousands of copies of the Universal Declaration of Human Rights and distribute them to the population.”
  • “Regarding the slander against José Daniel Ferrer, we can say that in his case and in that of the Patriotic Union of Cuba there is no aggression against any member of the repressive bodies of the Cuban State during these years of activism.”
  • “UNPACU expressed concern about the “conditions of confinement of detainees, as well as the torture, cruel, degrading and inhuman treatment to which José Daniel Ferrer is being subjected, as his wife confirmed in a recent visit to the Aguadores prison in Santiago from Cuba, after 34 days of being kept missing. “
  • The organization held the Cuban regime responsible for the life of José Daniel Ferrer and his companions, and demanded his “immediate and unconditional freedom.”

The Miami Herald’s article about Cuba’s allegation that Ferrer was an U.S. agent added, “The Cuban prosecutor’s office charged Ferrer and three activists with causing ‘serious injuries’ to a person identified as Sergio García González at the UNPACU headquarters on Sept. 20. According to Granma, González accused them of ‘having kidnapped him for a whole night and beat him up, so he had to be admitted to a hospital.’” However, his wife, “Maribel Cabreja, [has said] that her husband told her the injuries were due to an accident on a motorcycle.” She “also confirmed that state security agents were pressing García González to blame Ferrer.” [5]

So far the U.S. has not responded to these allegations. When it does, they will added as a comment to this post or as a new post.

It is difficult for this non-Cuban blogger to reach a definitive conclusion on these issues. There is abundant evidence that the Cuban regime is hostile towards Cuban dissidents, for which the regime deserves criticism. On the other hand, the U.S. for many years has provided financing and support for what it now calls Cuba’s “Journey to Self-Reliance,” the total for which for FY2015 was stated to be $6.25 million.  It, therefore, is understandable that the Cuban government is suspicious of at least some Cuban dissidents, especially when the Trump Administration has adopted and implemented so many policies that are expressly hostile towards Cuba and when the U.S. is so much wealthier and stronger in military power.

Therefore, this blogger believes that Cuba should invite an U.N. organization or investigator to come to Cuba with unfettered access to Ferrer to assess his medical condition and issue a public report on the findings. In addition, Cuba should allow Ferrer to have an attorney and submit the claims against Ferrer to an independent international court or arbitrator to determine whether he is guilty or innocent. Finally, the U.S. should be compelled to submit a public report to that international court or arbitrator on whether the U.S. has provided any financial or other assistance to Ferrer and UNPACU.

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[1] U.S. Imposes New Sanctions on Cuba and Denounces Cuba’s Detention of Dissident, dwkcommentaries.com (Oct. 19, 2019)  In addition, these comments have been added to that post: Cuban Court Denies Habeas Corpus for Ferrer (Oct. 21, 2019); Ferrer’s Family Released from Detention (Oct. 26, 2019); More Pressure for Release of Ferrer (Oct. 31, 2019); Cuban Attorneys Say Cuban Regime Frequently Forcibly Disappears Its Citizens (Nov. 2, 2019); No Cuban Government Report on Status of Ferrer (Nov. 2, 2019); Washington Post Editorial Calls for Cuba To Release Ferrer (Nov. 9, 2019); Cuba Allegedly Using Venezuelan Torture Technique on Ferrer (Nov. 11. 2019). See also Amnesty International Reiterates Demand for Release of Ferrer, dwkcommentaries.com (Nov. 13, 2019).

[2] New US slander campaign UU. against Cuba, Granma (Nov. 21, 2019)(English edition); ‘A criminal with violent behavior,’ this is how the regime presents José Daniel Ferrer, Diario de Cuba (Nov. 20, 2019); Assoc. Press, Cuba accuses US diplomat of supporting illegal actions, Wash. Post (Nov. 20, 2019); Reuters, Cuba Accuses U.S. Embassy of Abetting Country’s Leading Dissident, N.Y. Times (Nov. 20, 2019).

[3] The previously cited Reuters article said, “The U.S. embassy in Havana last week posted on Twitter a video of its top diplomat Mara Tekach with Nelva Ismarays Ortega, partner of Ferrer” and “together they pled for his release.” Ortega added, “He has lost half his weight, he has lost a lot of his sight and voice. He has been beaten up and left without medicine, they haven’t let a doctor see him.”

[4] UNPACU: The Cuban regime [that] has a ‘long history’ of violence against the opposition, Diario de Cuba (Nov. 21, 2019).

[5] Gamez Torres, The Cuban government attacks its most notable political prisoner in unusual editorial, Miami Herald (Nov. 20, 2019).

Amnesty International Reiterates Demand for Release of Ferrer 

On November 12, Amnesty International reiterated its demand that Cuba release José Daniel Ferrer, the leader of Patriotic Union of Cuba (UNPACU).[1]

Its release stated he “has been in detention for 40 days, since Oct 1, for reasons still unknown. As far as we can ascertain, he has not been informed of the charges against him or brought before a judge. In addition, recent alarming reports suggest he may have been tortured or ill-treated while in detention, something Amnesty International has not been able to independently verify in a context where lawyers and the judiciary are largely controlled by the Executive. Mass mobilization is needed to ensure that the Cuban government presents charges against him or release him, and refrains from potentially taking actions that may amount to ill-treatment against him.”

This blog has reported Ferrer’s recent arrest and detention and subsequent developments.[2]

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[1] Amnesty International, Cuba: Opposition Leader at Risk of Torture: José Daniel Ferrer Garcia (Nov. 12, 2019); Amnesty International launches another urgent action for ‘risk of torture’ by José Daniel Ferrer, Diario de Cuba (Nov. 13, 2019).

[2]  U.S. Imposes New Sanctions on Cuba and Denounces Cuba’s Detention of Dissident, dwkcommentaries.com (Oct. 19, 2019). In addition, these comments have been added to that post: Cuban Court Denies Habeas Corpus for Ferrer (Oct. 21, 2019); Ferrer’s Family Released from Detention (Oct. 26, 2019); More Pressure for Release of Ferrer (Oct. 31, 2019); Cuban Attorneys Say Cuban Regime Frequently Forcibly Disappears Its Citizens (Nov. 2, 2019); No Cuban Government Report on Status of Ferrer (Nov. 2, 2019); Washington Post Editorial Calls for Cuba To Release Ferrer (Nov. 9, 2019); Cuba Allegedly Using Venezuelan Torture Technique on Ferrer (Nov. 11. 2019).

U.S. Imposes New Sanctions on Cuba and Denounces Cuba’s Detention of Dissident   

On October 18, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) imposed new sanctions against Cuba while the State Department denounced Cuba’s detention of dissident Jose Daniel Ferrer.

New Sanctions[1]

The BIS revoked “existing licenses for aircraft leases to Cuban state-owned airlines, and will deny future applications for aircraft leases.” This was based upon the Department’s assertion that  “the Cuban regime is resorting to transporting tourists on leased aircraft subject to BIS jurisdiction.”

Additionally, “BIS is expanding Cuba sanctions to include more foreign goods containing U.S. content, and is imposing additional restrictions on exports to the Cuban regime.” According to a regulation set for October 21 publication, the Export Administration Regulations will be amended so that goods with as little as 10% U.S. content will be subject to U.S. jurisdiction and, thus, require a license from the U.S. Department of Commerce for export or reexport to Cuba. Previously, the policy only applied to goods with 25% or greater U.S. content. In addition, the amendment will, prohibit certain donations to the Cuban government and communist party  and clarify the scope of telecommunications items that the Cuban government may receive without a license.

This action, says the Department, “supports the Administration’s earlier decision to hold the Cuban regime accountable for repressing its own people as well as continuing to provide support to the illegitimate Maduro regime which has terrorized the Venezuelan population and wantonly destroyed the once-prosperous economy relied on by millions.”

The Department’s Secretary, Wilbur Ross, said, “This action . . . sends another clear message to the Cuban regime – that they must immediately cease their destructive behavior at home and abroad. The Trump Administration will continue to act against the Cuban regime for its misdeeds, while continuing to support the Cuban people and their aspirations for freedom and prosperity.”

Cuba’s President Miguel Diaz-Canel in a tweet said these new sanctions were “an expression of impotence, moral degradation and imperial contempt. It is an inhuman, cruel, unjust and genocidal act that we strongly reject. We will not give up. and we will give sovereign answer.”

A similar tweet came from Cuba Foreign Minister Bruno Rodriguez: these are “additional acts of economic blockade, representative of a moral bankruptcy policy, internationally isolated and promoted by a corrupt government. The Cuban people will continue to give due and sovereign response.”

Denouncing Cuban Detention of Dissident[2]

The Cuban dissident who has been detained is Jose Daniel Ferrer, the founder of  the Patriotic Union of Cuba (UNPACU).

According to the State Department, “On October 1, “Castro regime officials detained Mr. Ferrer and several other human rights defenders in Santiago de Cuba.  Mr. Ferrer reportedly has still not been informed of any charges against him, and has been denied access to a lawyer and to medical care.  Mr. Ferrer’s family has not been permitted contact with him since October 4.”  In addition, other “UNPACU activists Roilan Zarraga Ferrer, José Pupo Chaveco, and Fernando González Vailant also remain in custody.”

“Ferrer’s case is one more example of the Castro regime’s continuous and flagrant violation of human rights, which has recently escalated into a wave of repression against freedoms of speech, expression, and religion.  The United States will not allow these abuses against the Cuban people to go unnoticed or unanswered.  We will continue to increase sanctions and trade restrictions to diminish the resources available to the Cuban regime, which uses its income to suppress its own citizens and to prop up other regimes with shameful human rights records, including the former Maduro regime in Venezuela.”

Therefore, the U.S. “strongly condemns the Cuban regime’s unconscionable detainment of . . . [Senor] Ferrer, founder of the Patriotic Union of Cuba (UNPACU).  We call on the Castro regime to immediately disclose Mr. Ferrer’s location and condition, to treat him humanely, and to release him from detention without condition.”

Similar protests of this detention have been registered by UNPACU, Cuba’s Legal Information Center (CUBALEX), Cuban Prisoners Defenders, Freedom House and Amnesty International.

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[1] Commerce Dep’t, U.S. Department of Commerce Further Tightens Cuba Sanctions (Oct. 18, 2019); Reuters, U.S. Hits Cuba With New Sanctions Over Human Rights, Venezuela, N.Y. Times (Oct. 18, 2019); Assoc. Press, U.S. slaps new sanctions on Cuba over human rights, Venezuela, Wash. Post (Oct. 18, 2019);Center for Democracy in Americas,  U.S. restricts additional exports and re-exports to Cuba, U.S.-Cuba News Brief: 10/18/2019.

[2] State Dep’t, Detention of Cuban Human Rights Defender José Daniel Ferrer (Oct. 18, 2019); The arrest of José Daniel Ferrer is ‘a mechanism of repression against all civil society,’ Diario de Cuba (Oct. 17, 2019); Cuban Prisoners Defenders denounces the Cuban regime in Geneva for the case of José Ferrer, Diario de Cuba (Oct. 17, 2019).

 

Additional Cuban Political Prisoners Named by Amnesty International 

On August 26, Amnesty International five additional Cubans as political prisoners.[1]

All of them, said Amnesty, had been detained since 2015 and sentenced to one to five years for “public disorder,” “contempt” or “disorder” while two of them, according to relatives, had been badly beaten. Amnesty’s Americas Director, Erika Guevara-Rosas, said “For decades, Cuba has stifled freedom of expression and assembly by locking up people for their beliefs and opposition to the government. Over the years, the names of Cuba’s prisoners of conscience have changed, but the state’s tactics have stayed almost exactly the same.”

Amnesty added, “Sadly, we know that the five prisoners of conscience we have named today likely represent a tiny fraction of those behind bars for peacefully expressing their views. As the Cuban authorities continue to deny independent human rights monitors access to the country and its prisons, and because the state’s machinery of control maintains a profound climate of fear, there are serious barriers for Amnesty International to document such cases.”

Also on August 26, “the head of Cuba’s largest opposition group, the Patriotic Union of Cuba (UNPACU), Jose Daniel Ferrer, said on Twitter that security forces had detained 15 activists and prevented dozens of others from reaching their local headquarters in order to prevent activities to celebrate the group’s eighth anniversary.”

Cuban Prisoners Defenders, which is based in Madrid and which has links to UNPACU, estimates there are at least 70 political prisoners on the island.

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[1] Amnesty Int’l, Cuba:  Amnesty International  names five new prisoners of conscience (Aug. 26, 2019); Reuters, Amnesty International Names Five New Political Prisoners in Cuba, N.Y. Times (Aug. 26, 2019).

 

Cuban Citizens Approve New Constitution

On February 24, in a national  referendum Cuban citizens approved a new constitution for the country. Here are the preliminary results of that referendum:

 

Category

     

Number

  

Percent

YES

6,816,169

78.6%

NO

706,400

8.1%

Blank & Spoiled Ballots

325,774

3.8%

Total Vote

7,848,343

90.5%

Not Voting

821,371

9.5%

Total Eligible Voters

8,669,714

100.0%

The total turnout of 90.5% and approval by 78.6% are extraordinarily high by U.S. standards. But given the Cuban government’s control of the media on the island and the overwhelming message calling for the YES vote, it is amazing that the total negative vote was 21.4% (NO + Blank & Spoiled Ballots+Not Voting).

Indeed, it should be remembered that on February 11, Cuban military and security forces arrested activists of a leading opponent of the constitution, The Patriotic Union of Cuba (UNPAC). According to UNPACU, the proposed new constitution “denies elementary rights, restricts basic freedoms {and Cubans] will continue oppressed and in the deepest misery.” The central reason for this conclusion, it says, is Article 5, which states as follows:

  • 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.” (Emphasis by UNPACU.)

The new constitution recognizes private and cooperative businesses, creates the posts of prime minister and provincial governor and introduces presumption of innocence and habeas corpus into the justice system.

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Cuba Arrests Opponents of Proposed New Constitution, dwkcommentaries.com (Feb. 14, 2019); Cuba Says YES to new Constitution, Granma (Feb. 25, 2019);Special Coverage: The Cuban people vote in Constitutional Referendum, Granma (Feb. 24, 2019); Whitefield, Cuba approves new constitution amid unprecedented opposition, Miami Herald Feb. 25, 2019). 

Cuba Arrests Opponents of Proposed New Constitution

On February 11, Cuban authorities arrested 20 activists of thePatriotic Union of Cuba (UNPACU) for their promotion of voting “No” in the upcoming  referendum on February 24 on the country’s proposed new constitution.

These arrests of Patriotic Union of Cuba (UNPACU) members for their promotion of voting “No” in the upcoming  referendum on February 24 occurred at UNPACU’s headquarters in eight houses in Santiago de Cuba in connection with an early morning assault by over 200 Cuban soldiers and police, who seized computers, printers, telephones and other equipment and records. 

UNPACU’s national coordinator, José Daniel Ferrer Garcia, blasted these arrests: “They attack us, they beat us, they rob us, they torture us and they even want to stave us.”  On February 11 he also started a hunger strike until at least February 24 (the day of the national referendum seeking approval of the new constitution). Three days later at least 25 of the organization’s activists had joined the hunger strike.

There also are reports that José Daniel Ferrer Castillo (the 16-year-old son of UNPACU’s national coordinator) arbitrarily had been detained and beaten. In addition, on February 13, the Cuban police again appeared at UNPACU’s headquarters to harass members of the organization.

UNPACU, which was founded on August 24, 2011, defines itself as a civil organization that advocates the peaceful but firm struggle against any repression of civil liberties in Cuba. According to Amnesty International, it “is an organization that brings together dissident organizations based mainly in Santiago de Cuba, but also in neighboring provinces in the east of the country. Its goal is to achieve democratic change in Cuba by non-violent means. Since its inception . . . its members have suffered harassment and intimidation . . ., including arrests by the authorities.”

According to UNPACU, the proposed new constitution “denies elementary rights, restricts basic freedoms {and Cubans] will continue oppressed and in the deepest misery.” The central reason for this conclusion, it says, is Article 5, which states as follows:

  • 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.” (Emphasis by UNPACU.)

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José Daniel Ferrer: “Either they respect or they kill us,’ Diario de Cuba (Feb. 12, 2019); Marco Rubio on the violent opposition against the UNPACU: ‘More sanctions come to the response,’ Diario de Cuba (Feb. 13, 2019); UNPACU: 25 opponents on hunger strike ‘at least until 24 February,’ Diario de Cuba (Feb. 14, 2019); UNPACU; UNPACU Release, UNPACU calls to vote NO on the new Cuban Constitution; José Daniel Ferrer, Wikipedia.

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).