Cuban civil society activists denounce the practice of criminalization by the Cuban State during the 169th Period of Public Sessions of the Inter-American Commission on Human Rights

Cuban civil society activists denounce the practice of criminalization by the Cuban State during the 169th Period of Public Sessions of the Inter-American Commission on Human Rights

Boulder, Colorado, USA, October 2, 2018. Cuban journalists and human rights defenders participated in the public hearings of the Inter-American Commission on Human Rights (IACHR), held on October 1 during its 169th Period of Sessions. The hearings provided an opportunity for victims of violence, repression, criminalization and harassment, to describe to the IACHR Commissioners the repressive tactics utilized by the Cuban State to silence their voices.

According to information gathered by Cuban civil society, approximately 1,633 cases of arbitrary detention have been registered during the current calendar year, up until August, of which 1,129 cases reported excess use of force against women and 504 cases against men. The government continues to use repressive tactics such as beatings, public denigration, travel restrictions and intimidation.

 

During the hearing, the activists revealed that the Cuban authorities use the Criminal Code and Criminal Procedure Code to sanction the opposition without needing to provide sufficient justification, meaning that, in the majority of cases, detentions are carried out without judicial orders backed by a legal argument. Furthermore, many of the crimes described in the Criminal Code are loosely defined, which allows for open interpretation of its contents to be used to discourage freedom of expression and/or opinion which goes against that of the government.

Although Cuban activists have addressed allegations of excessive force, arbitrary detention and intimation of civil society to many international human rights protection mechanisms on previous occasions, the situation in Cuba continues to be precarious and has worsened. Such is the case of the Ladies in White – a group of women who are heavily criminalized and attacked for their participation in public protests which demand the liberation of an estimated 140 political prisoners, throughout Cuba’s prisons.

Commissioner Joel Hernández, Rapporteur on the Rights of Persons Deprived of Liberty, responded to the information by, first, applauding the courage of the activists, and then stated that the conditions that Cuban political prisoners find themselves in violate the basic human rights of any individual. Currently, five Ladies in White are detained in prison, and may others continue to be threatened to be jailed at any moment – according to Blanca Reyes, representative of the Ladies in White, and one of its founding members.

 

In addition, the director of independent media outlet Diario de Cuba Pablo Díaz denounced the Cuban government’s repression of the media, which, according to him, has increased in recent months due to the process of transition of power from Raúl Castro to Miguel Díaz-Canel and the recent constitutional reforms, as well as from an increase in international attention to the country stemming from this summer’s Summit of the Americas, and the UN’s Universal Periodic Review – the resulting increase in reports and denunciations by independent media sources destabilize the “national order” which the government seeks to maintain. In addition, the representative of the Cuban media outlet conveyed that new patterns of repression against journalists in the island seek to leave no “judicial footprint” as opposed to previous periods of time. This results in illegal judicial processes which silence the opposition, but that do not jeopardize Cuba’s international reputation. “It is a repression that often violates even the basic norms of the government, which are already abusive in their nature,” signaled Díaz. The video below shows journalists showing different examples of violations committed by the authorities against those who practice journalism not aligned with the views of the national government.

 

In her intervention, Commissioner Esmeralda Arosemena lamented the absence of the Cuban State at the hearing as it would have represented an important step in recognizing the rights of journalists and human rights defenders by the government. To this date and in other spaces of dialogue, the Cuban government and its representatives view those individuals who oppose the views of the national government as “mercenaries” of foreign entities that seek to break the socio-political dynamics of the State; as such their actions/declarations, according to the country’s Criminal Code, are against the law. Similarly, the Rapporteur for Cuba, Commissioner Antonia Urrejola, inquired about the possibility of new spaces of dialogue to form ahead of the State’s electoral and constitutional reforms, to which Mr. Díaz responded, “We can’t see the light at the end of the tunnel, because what is happening now is a transfer of power between fingers (of the same hand). As such, our views are no more than a suit fitted to justify their interests.” Finally, the Special Rapporteur for Freedom of Expression, Edison Lanza, expressed his admiration for the work carried out by independent media outlets and journalists in Cuba, despite the State’s blocking of independent media, and he expressed his interest in creating a detailed report on the situation freedom of expression on the island, despite the conditions of the government not allowing this to happen to this date.

Among the recommendations proposed by the group of Cuban civil society activists at the hearing, they recommended that the Inter-American Commission on Human Rights urge the Cuban State to guarantee the freedom of movement to those who try to leave the island, as well as requesting that the government allow its citizens free access to the internet and to remove the ban on independent media. Furthermore, the Rapporteurship on Rights of Persons Deprived of Liberty was asked to issue a public communication on the political prisoners in Cuba, and the Rapporteurship on the Rights of Women was asked to do the same with the situation of the Ladies in White. Finally, the petitioners urged the Commission to adopt the term “criminalization of journalistic work” to denominate acts of repressions by which the State impedes the work of distributing information, and that the Commission develop strategies of advocacy in collaboration with Cuban activists, that promote Cuba’s participation in the Inter-American System.

You can see a video of the complete public hearing here (in Spanish): https://www.youtube.com/watch?v=uNkdElQwPNM&feature=youtu.be 

Race & Equality Participates in the 169th Period of Public Hearings of the Inter-American Commission on Human Rights with Organizations from Colombia, Cuba, and Nicaragua

Washington, D.C. September 24. Together with more than 20 organizations, the International Institute on Race, Equality, and Human Rights will participate October 1-5 in the 169th Period of Public Hearings held by the Inter-American Commission on Human Rights (IACHR) at the University of Colorado in the city of Boulder in the United States.

During the period of sessions, Race & Equality will participate in three (3) public hearings requested by organizations from Colombia, Cuba, and Nicaragua by speaking on the state of human rights in each of these countries to rapporteurs of the IACHR and international community.  In the case of Cuba and Nicaragua, the hearings are aimed at presenting cases of criminalization and repression of activists, journalists, [and] human rights defenders by the national governments of their countries in the midst of the political crises unleashed [and ongoing] to date.  In the case of Colombia, the hearing is aimed at describing and denouncing the state of human rights of the Afro-Colombian people.

The Inter-American Commission holds several periods of sessions each year, in which hundreds of human rights defenders from the region participate, along with delegations from the States comprised of high-level authorities in the field of human rights [and] academics, among others.  In accordance with what is established by Article 68 of IACHR Regulations, the hearings are public and interested parties can freely attend without the need to register beforehand.  The hearings are broadcast online in several languages on the official IACHR website.

Below we present the schedule of the public hearings on Colombia, Cuba, and Nicaragua in which Race & Equality will participate.

Cuba denies existence of racial discrimination to the UN CERD Commitee

Washington. Sept 16. 2018. On August 16, Cuba categorically denied the existence of racial discrimination in Cuba to the group of independent experts of the United Nations (UN) that form the Committee on the Elimination of Racial Discrimination (CERD) during the review of Cuba under the International Convention on the Elimination of All Forms of Racial Discrimination. The purpose of the review is for Cuba to present information on how it has implemented action plans to combat racial discrimination.

Rodolfo Reyes Rodríguez represented Cuba at the review and stressed during his presentation on behalf of the Cuban state that Cuba does not have a structural or institutional racism problem. He also emphasized that in Cuba, racial and ethnic minorities do not experience any difference in treatment legally, politically, or socially and that the concepts of “Afro-Cuban” or “Afro-descendant” do not exist in Cuba because this population is not regarded as any different from the rest of the population. He stated that according to the results of the 2012 population census, 9.3% of the population identified as Afro-descendant because of the mixed heritage of the population. He explained that all citizens self-identify themselves as white, mixed or black just based on the color of their skin, but all are considered Cuban citizens with the same inherent rights and responsibilities. (You can read the full presentation of the Cuban representative here)

In response to the information presented, the CERD Committee issued its report of recommendations on August 31. In the report, the Committee finds that, contrary to the information presented by the Cuban state, the Afro-descendant population in Cuba continues to suffer from racism and structural discrimination as a result of the historical legacy of slavery. The report also concludes that this discrimination is demonstrated by and results in this population being unable to exercise economic, social, and cultural rights to the same extent as other Cubans. According to the report, the Committee is concerned about the challenges the Afro-descendant population faces in accessing the labor market; the low levels of Afro-descendants in decision-making positions, both in the public and private sector; and the disproportionate levels of poverty affecting this population.

In its list of recommendations, the CERD Committee also expresses great concern that the methodology used in the census does not result in objective information that accurately presents the racial composition of the country. In this regard, the Committee calls on the Cuban State to review its methodology for collecting demographic data in the census in order to design questions and strategies with the input of the Afro-descendant population that will result in their self-identification and generate more accurate results.

The CERD Committee report calls on the Cuban State to include a clear and explicit definition of racial discrimination in its Constitution, which is currently being updated.

The Committee also recommends that the State include a gender focus in its policies and strategies to combat racial discrimination in order to address the many forms of discrimination affect women, particularly Afro-descendant women, who face greater obstacles in accessing the labor market. The Committee also stressed the need to create as opportunities for women to participate in politics and to hold decision-making roles.

The CERD Committee condemned allegations of harassment, intimidation, and hostility against those who defend the rights of Afro-descendants.

Specifically, the CERD Committee’s Rapporteur for Cuba, Silvio Albuquerque, mentioned violations of the right to freedom of movement. Juan Antonio Madrazo, Coordinator of the Citizen’s Committee for Racial Integration (Comité Ciudadano por la Integración Racial), was prevented from leaving Cuba to participate in the review, and Roberto Mesa, Coordinator of the Black Brotherhood (Cofradia de la Negritud) was arbitrarily detained a few days before he was scheduled to travel. The representative for Cuban denied any acts of repression taking place against human rights defenders, instead asserting that these individuals pass themselves as human rights defenders but are mercenaries of the United States, paid to make false allegations of human rights violations. In its report, the CERD Committee laments the Cuban government’s denial of these violations and their failure to take measures necessary to investigate them and prevent them from occurring.

Race and Equality observes the statements presented by the Cuban government to the UN CERD Committee with great concern. The lack of specific and conclusive information provided by the government as well as its flat denial of the discrimination and human rights violations suffered by Afro-Cubans is further evidence that discrimination and structural racism are alive and well in the country.

Race and Equality thanks the CERD Committee for the recommendations offered to the Cuban government, which are to be implemented into the laws and policies of the country in order to effectively guarantee the protection of the human rights of all Afro-descendants in Cuba.

International Bisexuality Day: A Day to Remember the Sexual Diversity that Comprises and Complements Our Society

Washington, September 22, 2018 – Each year since 1999, International Sexuality Day is commemorated on September 23rd: a day to remember the sexual diversity that comprises and complements our society, as well as the urgent need to continue working for the recognition of the rights to individual liberty, autonomy, and identity of all persons, regardless of their sexual orientation, and especially the assertion and recognition of the rights of bisexual persons.

To that end, we applaud with appreciation the recent press communiqué on International Bisexuality Day issued jointly by the Inter-American Commission on Human Rights and experts from the United Nations: we believe that these types of statements are essential in the fight against the ‘invisibilization’ of the barriers and discrimination that impact bisexual persons and provide concrete data that help to eradicate misconceptions that are permeated by stigmas surrounding bisexuality.  To that end, the authors state in the communiqué that bisexuality refers to “the capacity for emotional, romantic, and/or physical attraction to more than one sex or gender.”  From our work with our counterparts in the region, we note with concern the frequency with which the sexual orientation of bisexual persons causes them to experience significant discrimination, in that socially they are categorized as ‘indecisive,’ ‘undefined,’ or ‘promiscuous,’ in this manner alluding to an as-yet ‘undecided’ sexual orientation which needs to be ‘defined’ as heterosexual or homosexual.  The stigmas to which bisexual persons are subject result in the ‘invisibilization’ of their realities and experiences, as well as the lack of awareness regarding the multiple challenges [and] barriers [they face], as well as the violations of their human rights.

According to the International Lesbian, Gay, Bisexual, Trans, and Intersex Association (ILGA), bisexuality and bisexual persons are marginalized in all parts of the world, generating alarming figures of depression, isolation, health problems, and high rates of suicide within this population.  In addition, they indicate that the indices of domestic and psychological violence perpetrated against bisexual persons are much higher in comparison with what is experienced by homosexual or heterosexual groups.  In this same study, ILGA points out that “the reality of bisexual persons is unknown by social organizations and even by groups defending the rights of the LGBTI community” – the reason why there are few or no data from social and governmental organizations regarding the health, education, and access to reproductive rights of this population.  Likewise, the actions implemented by State organizations do not respond to the realities of persons with a bisexual sexual orientation.

In Latin America and the Caribbean, the social reality of bisexual persons is completely unknown.  It is as if they do not exist, given that people tend to feel such persons are “going through a phase or presenting a deviation from [normal] sexual conduct”; as such, no statistics or official data exist on the situation of this community, either at the level of the States in the region or at the level of civil society organizations, as the latter tend to address the situations of bisexual persons to a lesser degree.  In addition to this, the lack of knowledge, research, and comprehension of bisexuality becomes a worrisome limiting factor in identifying or defining barriers faced by bisexual persons.

Bisexuality is highly invisible in human rights practice and discourse; it is thus that this day becomes an opportunity to raise the visibility of the voices, stories, and experiences of bisexual persons, demand protection of the rights of all persons, demand research that will identify their needs throughout the world, and develop pedagogy regarding their reality.

Race & Equality calls on the States in the region, governmental institutions, and the LGBTI movement to fight against all types of discrimination and violence against the bisexual population.  We urge them to consider developing public policies that include bisexuality within [the larger topic of] sexual orientation and consequently, collect official data to internally counteract the violence and discrimination faced by bisexual persons.  Biphobia, as well as any type of expression of hatred or violence against the diverse forms of gender, identity, or sexual orientation are acts that diminish the possibility for constructing societies that are more inclusive, just, and respectful of diversity.

 

SO THAT OUR VOICES ARE HEARD AND INCLUDED! Today We Commemorate the International Day for Afro-Latino, Afro-Caribbean, and Diaspora Women

July 25 marks the International Day for Afro-Latino, Afro-Caribbean, and Diaspora Women. The commemorative date was established in 1992 after a meeting in the Dominican Republic of more than 400 women from diverse Latin American countries, where they analyzed the consequences of racism and sexism in the region. The meeting also provided a space for attendees to articulate joint actions and remember historic struggles to combat these issues.

On this day we remember that the fight to bring down the humiliations caused by discrimination, poverty, and violence is ongoing. Participatory spaces are closed off because of racist and discriminatory logic against women and Afro-descendants which prevail. Women from the region continue to be the victims of a hostile war committed to condemn their voices and their chants, to violate their bodies, and take away their children.

It is important to remember that Afro-descendant women’s organizations have undertaken a lot of efforts to achieve recognition and participation in decision-making spaces. Because of this, we urge all states to promote affirmative actions in favor of including Afro-Latino, Afro-Caribbean, and Diaspora voices in spaces that will permit the promotion of effective public policies that guarantee rights and severely condemn all types of ethnic or racial discrimination.

Today we rise up in resistance for the women suffering the war and apathy in Nicaragua, for the harassment and repression against women in Colombia, especially those who are persecuted for leading life in the territories. We rise up for those women who are not recognized and who are discriminated against in Peru; for the violence and harassment against trans women in Brazil; for the voices of the women in Panama; for the recognition of the rights of all women in the region. We will continue fighting so that our voices are heard, included.

The Human Rights Situation of Afro-descendants in Latin America Presents a Scenario Full of Discrimination and Collective Violence

On June 4, The Institute on Race, Equality and Human Rights (Race and Equality) and the Washington Office on Latin America (WOLA) held a panel conversation on the “Human Rights Situation of Afro-descendants in Latin America” as a side event to the 48th General Assembly of the Organization of American States. The dialogue featured Afro-descendant leaders and experts from Brazil, Cuba, Colombia, Guatemala and Peru, and sought to present the circumstances of Afro-descendant populations’ rights in the region, and the collaborative work that each country has been doing on these situations.

Washington Office on Latin America President Matthew Clausen opened the dialogue with some introductory remarks. WOLA has been carrying out international efforts with other Afro-descendant organizations seeking to protect Afro-descendant rights in the Americas and has also recently been lobbying the US Congress for the adoption of Resolution 713, which urges the United States Government to support the goals and objectives of the International Decade for People of African Descent by way of establishing global strategies that promote these goals. WOLA’s President took the opportunity to condemn all the recent attacks, killings and acts of intimidation against social leaders in the region and expressed his and WOLA’s support to do all that they can to remedy the situation.

The dialogue also featured the distinguished presence and participation of Epsy Campbell Barr, Vice-President of Costa Rica, and the first Afro-descendant woman in the region to be elected to a high political position – a major political achievement for all Afro-descendant populations in the region. In her speech, Vice-President Campbell reflected that the Afro-descendant movement in the region is not experiencing its greatest moment of progress, due to regressions in the political agendas of countries which have historically achieved spaces for advocacy. Likewise, she stressed that the movement’s advocacy actions have received little political backing in recent years. These conditions are contrary to the necessary conditions and agreements needed to achieve the goals of the International Decade, particularly of encouraging the connection between the goals of the Decade and those of sustainable development. Facing this, Vice-President Campbell stated that “a 2030 (Afro-descendant) agenda should be our aim for the next ten to twelve years. Therefore, it’s of vital importance to use the next five or so years left in the International Decade to achieve more commitments from States.”

Likewise, Epsy Campbell urged better working strategies to tackle poverty, discrimination and criminalization of Afro-descendants, and also the exclusion of Afro-descendants from political participation, as these continue to be realities in our countries, she declared. In conclusion, she stated that the greatest challenge for Afro-descendants in the region lies in aligning national agendas of each State in the region with a commitment towards inclusion of Afro-descendant communities and people.

In relation to the above, Carlos Quesada, Executive Director of the Institute on Race, Equality and Human Rights, pointed out that the situation of the rights of people of African descent in the region has many parallels to police violence, poverty, inequality, unemployment and limited access to health and education. However, he stressed that the work carried out by various organizations in each of the countries shows signs of fight and hope for all of Latin America.

Cecilia Ramírez, Executive Director of the Center for the Development of Black Peruvian Women (CEDEMUNEP), shared with the audience the work that the Afro-Peruvian movement has developed in order to participate in the recent national census, and be properly counted for the first time since 1940. The work was a success for the recognition of the Afro-Peruvian people, as it promotes greater advocacy opportunities, participation and expression. This was achieved by working with various social sectors in order to develop the ethnic self-identification question, as well as allowing organizations to report and visualize the accurate living conditions of the Afro-descendant community in Peru. Ms. Ramírez also made mention of the challenges of carrying out a media campaign in favor of the ethnic self-identification question, in a country riddled with discrimination and racism. However, she stressed that such advocacy campaigns are crucial to bring awareness about what it means to identify as Afro-Peruvian. For 2017, the number of Peruvians who identify themselves as Afro-Peruvians totaled 4% of the population.

Norberto Mesa Carbonell, Director of the Cuban organization Cofradía de la Negritud, presented to the audience the human rights situation of exclusion facing Afro-Cubans. “The reality of the situation of Afro-Cubans has been a taboo subject since the Revolution. Although the issue of discrimination was an important topic to work on—of vital importance—it was enough for just a few years to go by until the Cuban State “automatically” closed the issue. As a result, everything related to access and participation of the Afro-Cuban movement, as well as the formation of public policies that benefit and recognize the Afro-descendant movement, were put on hold and were completely delayed. For this reason, and since the decision by the government, any advocacy work and presentation of human rights violations towards Afro-descendants in Cuba has been criminalized. We currently don’t have freedom of association; thus, it becomes a great challenge to work for the inclusion of this population sector in public policies regarding economic and social growth,” explained Norberto.

Cesar Gomes, a Brazilian social leader, presented another element of the conversation by describing the situation of the Afro-descendant LGBTI populations as one of the worst in the world. Cesar shared that Brazil has one of the highest numbers of murders of trans women because of their gender identity, and in particular Afro-descendant trans women. He also revealed that the country has no public policies specifically for Afro-LGBTI individuals, and in recent years, the Ministries of Women, Racial Equality, and Human Rights within the government have been dissolved, which has weakened the participation of social movements demanding respect for the rights of trans men and women who are also Afro-descendants. Likewise, he pointed out that rates of murder and violence against LGBTI men and women are increasing alarmingly, particularly at the hands of local and/or municipal authorities. Finally, Cesar mentioned the critical situation of young Afro-LGBTI people, as they are the ones who report the highest rates of suicide due to social and family harassment, in addition to being victimized again due to their socio-economic condition, and lack of access to education and health.

On the other hand, Ingrid Gamboa, an Afro-Guatemalan Garifuna leader, stressed that the lack of economic resources represents a major hurdle for the Afro-descendant movement in its efforts to achieve the implementation of an action plan with regard to the International Decade of People of African Descent. Historically, Afro-descendants have been characterized as one of the ethnic groups with the largest inequality gaps in the world. Therefore, the lack of States’ commitment to guarantee the necessary resources for the implementation of said Decade limits the possibilities of participation and the formation of recognition of guarantees for the rights of the Afro-descendant people.

Finally, Association of Displaced Afro-Colombians (AFRODES) Vice-President Erlendy Cuero Bravo voiced her profound concern about the lack of visibility of the situation of Afro-descendant populations, which continues to be obscured by State representatives throughout the region, in particular related to assassinations, persecutions, harassment and intimidation which affects social leaders in various countries. Likewise, she declared that many states have abandoned the Afro-descendant population and are unaware of the structural issues related to poverty, discrimination and violation of human rights. “In Colombia, the Afro-descendant population was the group that supported the Peace Agreement the most, because we have suffered the most deaths, but yet the State has abandoned us. We are being killed each day, and yet it seems like the Colombian state has no eyes or ears to recognize our situation, or that the harassment of our people represents a systematic phenomenon. So far nothing has been done to guarantee the life of our men, women and children. Not because of a lack of public policies, because there are many, but rather because of a lack of political will. Today, my people are scared and confined because when someone kills one of our political leaders, they are also killing the entire Afro-descendant movement.”

DID CUBA TELL THE WHOLE TRUTH TO THE HUMAN RIGHTS COUNCIL DURING THE UNIVERSAL PERIODIC REVIEW – UPR?

Several human rights defenders from Cuba considered a Country Report presented to the United Nations’ Human Rights Council as “false” after hearing the presentation of Cuba’s Minister of Foreign Affairs, Bruno Rodriguez. The report, once again, fails to paint an accurate picture of the existing situation of repression and violation of fundamental rights experienced by members of civil society in the island (watch a recording of the Cuba UPR review here).

On Wednesday, May 16, the Cuban state underwent its third Universal Periodic Review process – a mechanism of the UN Human Rights Council, in which Member States weight in on the country’s human rights situation and offer recommendations to the State, such as the ratification of treaties like the International Covenant on Economic, Social and Cultural Rights and the International Covenant on Civil and Political Rights signed by Cuba in 2008. The Member States strongly denounced repeated attacks, acts of hostility, and intimidation against human rights defenders and expressed their concern at the lack of freedoms of opinion, expression, and association afforded to the Cuban population. The States also condemned the travel restrictions placed on human rights defenders, some of whom were scheduled to participate in the UPR (both the review and the Pre-Session).

The following infographic lists some of the recommendations of the different member states to the Cuban government.

According to reports by the independent Cuban newspaper “Diario de Cuba”, in response to the recommendations by member states, the Cuban government dismissed demands to respect fundamental freedoms. They also denied that persons who speak out against the government are being prohibited from traveling or that reprisals are being carried out against human rights activists. Instead, the State’s representatives argued that only individuals who fight in favor of a Communist revolution are worthy of being called human rights defenders in Cuba. “Agents of a foreign government” serving an external agenda that seeks to undermine the legal and political order that Cubans have “freely elected” are not considered human rights defenders. The State also stressed that as a sovereign entity, it has the right to determine its own interpretation of human rights and that existing US sanctions will not be allowed to interfere with the social and economic development of the island.

At Race and Equality, we observe with concern the lack of visibility of the actual situation of human rights in Cuba as we are witnesses to the harassment, retaliation and persecution that many human rights defenders in Cuba are forced to endure. We strongly condemn the Cuban State’s denial of its constant attacks against freedom of speech, opinion and association, and of movement, which are aimed at opposition members of Cuban civil society.  We also denounce the arbitrary travel restrictions the State has placed on dozens of human rights activists.

Independent Cuban Activists Inform the Inter-American Commission on Afro-Cubans’ Rights Situation

Washington, D.C., March 21, 2017: Members of independent Cuban civil society reported on the human rights situation of Afro-descendant Cubans in a public hearing before the Inter-American Commission on Human Rights. No representative of the Cuban government attended the hearing. Commissioner Esmeralda Arosemena de Troitiño, Rapporteur for Cuba, lamented the state’s absence and reaffirmed that the Commission continues to invite Cuba to resume participation in its activities.

Juan Antonio Madrazo of the Citizens’ Committee for Racial Integration (CIR) opened civil society’s remarks and noted that the hearing was being held on an important day, March 21, International Day for the Elimination of Racial Discrimination. Madrazo testified that the civil society delegation came before the Commission to “contribute to ensuring our society is free from racial discrimination and racism.” He added that challenges remain to reach such a goal, telling the Commissioners that “the Cuban state has assumed international human rights obligations and has proclaimed its commitment to fight discrimination and racism, but it has yet to fulfill a single one of these obligations.”

Marthadela Tamayo, another CIR member, told the Commission of the growing social and economic marginalization of Afro-Cubans, exemplified in the informal settlements in Havana populated by internal migrants from the eastern part of the country. These majority Afro-Cuban neighborhoods, Tamayo explained, suffer from high levels of poverty with acute effects on the women who live there, who often work long hours in the informal economy selling household and other items and rarely earn incomes that sufficiently cover their families’ basic needs.

Maricel Nápoles presented the findings of six reports produced by civil society members on racial disparities in the Cuban labor market. The reports illustrated several aspects of a Cuban economy that increasingly leaves Afro-Cubans behind. According to these studies, Afro-Cubans have fewer entrepreneurial opportunities and lower participation in lucrative sectors of the private economy, while many are trapped in intergenerational cycles of poverty performing the worst-paid, most socially-stigmatized jobs.

Fernando Palacio of the Center for Research, Leadership and Development (CELIDE) told the Commission of violations of Afro-Cubans’ rights to free expression and assembly, citing several recent examples of abuses by Cuban authorities against Afro-Cuban activists and organizations. Jorge Amado, an independent journalist based in Santiago, recounted his experience of arbitrary detention, threats, and confiscation of property in retaliation for his reporting work.

Following civil society’s presentation, Commissioner Esmeralda Arosemena de Troitiño expressed her concern regarding the violations of Afro-Cubans’ rights to no discrimination in employment and inquired about existing domestic laws or international obligations the Cuban state had. She also expressed concern about the lack of information gathered on Afro-Cubans, especially on vulnerable populations like children and adolescents.

Commissioner Edison Lanza, Special Rapporteur for Freedom of Expression, thanked the petitioners for their presentation and acknowledged that the Commission was examining several domestic Cuban laws that have been used to silence human rights defenders. He also asked the petitioners to provide additional information about Afro-descendants’ access to the internet and their participation in private and state media.

Commissioner Margarette May Macaulay, Rapporteur for Persons of African Descent and against Racial Discrimination, recounted her first visit to Cuba, where she noticed that the only Afro-Cubans at her hotel “were the people who were washing the floor.” She said she could not understand how the Cuban government could deny that racial discrimination exists in the country, “because it is apparent. It is in your face,” adding that the issue “has to be dealt with.”

The civil society delegation made several recommendations to the Commission. The petitioners asked the Commission to publicly denounce violations of Afro-Cubans’ rights, to request that the Cuban government assume its international obligations to protect Afro-Cubans from discrimination, and to request that the Cuban government implement programs to stop the spread of stereotypes and racial profiling and to increase opportunities for Afro-Cubans.

Photo Credits by: Daniel Cima/CIDH, shared and unaltered under creative commons license CC BY 2.0. Can be accessed through its source of origin here. 

For video of the hearing, follow this link.

The United Nations Reviews the Situation of Forced Disappearances in Cuba

Geneva, Switzerland. March 9, 2017. –  On March 6 and 7 at the Palais Wilson at UN Seat in Geneva, the United Nations Committee of Independent Experts on Forced Disappearances (CED) reviewed Cuba’s compliance with its international obligations effective upon its signing in 2009 of the International Convention for the Protection of All Persons from Enforced Disappearance. This is the first time the Cuban State has been reviewed by the Committee.

During the first phase of the revision process, Cuba presented a written report that described its advances in implementing the Convention on Forced Disappearances. In the report, the State affirmed that “peoples’ rights to life, liberty and security have always constituted the pillars of the actions of the Cuban Revolution, its authorities and of the functioning of society in general,” and that “in its foreign and domestic policy, Cuba puts into practice respect for the physical and moral integrity of the individual.” It added that, “since the triumph of the 1959 Revolution, torture has been eliminated, and not one case of forced disappearance or extrajudicial execution has occurred,” a position it maintained throughout the its dialogue with the Committee of experts.

Led by Mr. Abelardo Moreno, Vice-Minister of Foreign Relations, the Cuban delegation

gave its opening statement, in which it underscored that the report it presented was compiled after a process of broad consultation with numerous governmental and non-governmental institutions. These institutions helped to evaluate the State’s compliance with the Convention, concurring that the Cuban Revolution put an end to the policy of forced disappearances that were common under the dictatorship and that currently no forced disappearances or secret detentions occur in the country.

Following these statements, the country Rapporteurs, Mr. Juan José López Ortega and Daniel Figallo, asked several questions of the Cuban delegation in order to clarify certain parts of the report. Other members of the Committee followed with questions of their own.

These questions focused on several issues, including the classification of the crime of forced disappearance; the difficulties in Cuba allowing the Committee to hear individual cases; and the lack of ratification of basic human rights instruments such as the Optional Protocols, the International Covenant on Civil and Political Rights and the Rome Statute.

The country rapporteurs also requested details on the participatory methodology utilized by the State in the writing of its report, especially in regards to its inclusion of civil society in the process and whether the report included information from internationally recognized NGOs.

The experts asked for clarification on short-term forced disappearances. The Committee also requested additional information on structural deficiencies related to judicial independence—a situation highlighted by other UN organs—in reference to the resolution of cases and the broad role of military tribunals in the crimes in question. It also requested more information on arbitrary detentions and detention lengths, the manner in which family members of the detained are contacted and kept informed of detainees’ situations, the right to an attorney, and the existence of a gender perspective with regards to the subject.

The delegation answered some of the Committee’s questions, referring to the State’s report. These responses can be found in the video of the session.

As of this time, the Convention has been ratified by 56 of the 193 UN member States. During the Committee’s 12th period of sessions the experts will also review Ecuador and Senegal. The recommendations made during the review of the three countries will be published on March 17. The Concluding Observations for Cuba can be found in here. 

Cuban Human Rights Defenders Report on Rights Violations on the Island before the Inter-American Commission on Human Rights

Photo courtesy of OAS photographer Daniel Cima, licensed under CC BY 2.0. 

Washington D.C., April 8, 2016

 Members of independent Cuban human rights groups presented on violence against and intimidation of human rights defenders and independent journalists in Cuba during a public hearing before the Inter-American Commission on Human Rights of the Organization of American States.

No representatives of the Cuban government attended. Nevertheless, Commissioner Esmeralda Arosemena de Troitiño, Rapporteur for Cuba, while lamenting the State’s absence reiterated the Commission’s invitation to the government to engage with human rights defenders and affirmed the Commission’s “commitment to be a vehicle for constructive dialogue between both parties.”

Magaly Norvis Otero, Executive Director of Hablemos Press, informed the Commission of the serious violations of rights to free speech and information that continue to occur in Cuba, where independent media have had their news sites blocked by State censors, their offices broken into and equipment stolen or damaged, and where reporters have been victims of arbitrary detentions. Kirenia Yalit Núñez Pérez of the Cuban Youth Dialogue Table testified to harrassment and threats to members of her organization, including restrictions on the groups international travel to participate in human rights events.

Lartiza Diversent of Cubalex explained to the Commission the difficulty of operating as an independent legal organization in Cuba and informed that members of Cubalex have been threatened and harassed on the basis of their gender or race. Leticia Ramos Herrería of the Ladies in White: Laura Pollan chapter, spoke harassment and intimidation, telling the Commission of that members of the Ladies in White have suffered nearly 2,800 arbitrary detentions thus far in 2016, and have been victims of threats, harassment and severe physical abuse by State agents, statements that were corroborated with photographs of injuries to activist perpetrated by Cuban security forces.

Commissioner Enrique Gil Botero saluted the great effort and acknowledged the risks assumed by the petitioners in coming before the Commission. Commissioner Botero asked about the number of political prisoners in Cuba. Berta Soler of the Ladies in White responded to the Commissioner’s question, stating that “although there is no international standard in Cuba for determining who is a political prisoner, because many times we are jailed on fabricated charges and sentences for common crimes, we can say that at this time there are around 115 political prisoners in Cuba.”

Commissioner Margaret Macaulay asked about repression against particularly vulnerable populations, specifically against Afro-descendants and LGBTI persons. In response to this question, petitioners cited the case of two LGBTI activists recently detained for reproducing trainings on the rights of the LGBTI community. Laritza Diversent added that “the level of violence in the repression of black women activists is brutal,” and that “Afro-descendancy is a determinant factor the cruelty of attacks” by State agents.

The petitioners made several recommendations to the Commission to address the severe violations of human rights defenders’ rights, asking the Commission to investigate cases of indiscriminate and excessive force by State agents. Petitioners asked that the Commission urge the Cuban government to eliminate obstacles barring independent organizations from legally carrying out their activities, to make the necessary legal reforms in order to guarantee full and effective freedom of expression and association, and to cease all activities that restrict these rights in their practice.

To access video of the hearings, please follow this link.

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