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 12^th 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.

Thematic Hearing Before the Inter-American Commission on Human Rights on the Rights of LGBTI People in Cuba

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

Washington DC, Monday,

October 19, 2015

Independent Cuban LGBTI activists, in coordination with the Institute for Race, Equality and Human Rights participated in a thematic hearing before the Inter-American Commission on Human Rights in order present a report on the human rights situation of LGBTI people in Cuba.

Juana Mora Cedeño of Arco Iris Libre de Cuba (Free Rainbow of Cuba) and Sisi Montiel of the Red Trans Fantasía (Fantasy Trans Network) appeared on behalf of independent Cuban LGBTI civil society, and Carlos Quesada, Executive Director of the Institute on Race, Equality and Human, joined the activists to present on the situation of discrimination and unequal protection of rights experienced by LGBTI people in Cuba.

No representative of the Cuban Government appeared.

Carlos Quesada expressed his concern to the Commission regarding the situation of human rights defenders in Cuba, where they are seen as “a threat by the Cuban government.” Quesada noted the Cuban government’s efforts at heightening the visibility of the Cuban LGBTI community, but stated that this increase in visibility “contrasts with the human rights situation of LGBTI persons in Cuba.” Quesada emphasized that the lack of data on human rights in general, and the rights of LGBTI persons specifically, remained a major obstacle for activists in Cuba.

Juana Mora Cedeño of Arco Iris de Cuba summed up the goals of the independent LGBTI civil society’s participation in the hearing. “What we aim to do is to present a critical response to the reality confronted by sexual minorities on the island, and to offer different viewpoint in order to urge the state’s institutions and the international community to better protect the human rights of LGBTI people in Cuba.”

Mora Cedeño presented to the Commission findings from the report researched and written by independent Cuban LGBTI activists. 150 Cuban LGBTI persons were interviewed, and the report detailed high incidences of police brutality, arbitrary detentions, intra-familial violence and discrimination compounded by gender identity or race and ethnicity. According to the findings, 87 of the 150 persons surveyed claimed to have been a victim of police brutality, while 67 of those surveyed were victims of violence in the home, and 45 had suffered discrimination in the workplace.

Sisi Montiel of the Red Trans Fantasía presented on obstacles faced by transgender people in Cuba, including high rates of suicide, lack of employment opportunity, as well as discrimination in education and the health sector. Montiel noted that in the latest labor code there was a lack of explicit language barring discrimination based on gender identity, meaning that “transgender people are excluded.”

Some of the recommendations of the petitioners to the Commission included the following:

To urge the Cuban government to rejoin the Organization of American States and the Inter-American System for Human Rights.

To request that the Cuban government disseminate throughout the island all documents pertaining to the international and regional systems for protecting human rights.

To request that the Cuban government cease the repression of the leaders of independent human rights organizations in general, and LGBTI organizations specifically.

Urge that the Cuban government instruct police forces to cease the repression against the LGBTI population.

At the conclusion of the petitioners’ presentations the Commissioners present made several observations. Commissioner Tracy Robinson, Rapporteur for the rights of LGBTI people reiterated the Commission’s “strong position about the need for freedom of association and freedom of speech of all human rights defenders.” The Commissioners also expressed their concern about retributions against the petitioners for their participation in the hearings. Commissioner James Cavallaro reiterated “the absolute prohibition of reprisals or intimidation against human rights defenders.”

To access video of the thematic hearing, use this link to visit the website of the Inter-American Commission on Human Rights:

http://www.oas.org/es/cidh/multimedia/sesiones/156/default.asp

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

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

The United Nations Reviews the Situation of Forced Disappearances in Cuba

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

Thematic Hearing Before the Inter-American Commission on Human Rights on the Rights of LGBTI People in Cuba

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