| WHITE BOOK 2006 >> THIRD PART >>CHAPTER 1 | ||
CHAPTER 1: THE DEMOCRATIC SYSTEM ESTABLISHED BY THE CUBAN PEOPLE, EXERCISING THEIR SOVEREIGNTY The Cuban political and electoral system Casting doubt upon the Cuban political and electoral system is one of the fundamental pillars of the US-led anti-Cuban campaign about democracy and human rights. In this campaign, the United States is supported by some of its allies, most of which are former colonial powers, who also find it in their interests to impose on underdeveloped countries a model of political organization which allows the former to continue controlling and dominating the latter. Washington’s spokespersons attempt to deny the sociopolitical order established by the Constitution of the Republic of Cuba by creating a false image of an intolerant, static society which does not permit plurality and political participation. The manipulation of the concept “democracy” by the major western powers has reached dangerous heights. Any country which does not follow the one model they advocate, the patterns and values they promote, is not only subject to questioning and to having their legitimacy challenged through the international institutions the Western powers control, it also runs the risk of becoming a potential “target” for a pre-emptive war, as per an aggressive imperialist doctrine. Attempts are made in the great power centers in the North —whose resources and tools of oppression grow daily thanks to the unjust neoliberal globalization process that is taking place—to impose a biased, unbalanced and selfish view of human rights, a view which minimizes and ignores their social, economic, cultural facets and denies the very existence and collective way some rights belonging to entire nations are enjoyed, rights such as self determination, development and peace. They want to make the individual enjoyment of certain civil and political rights which they call substantive (inalienable) a requirement of international cooperation thus belittling a whole range of rights which they consider to be adjectival (developing, progressive, non essential, simple aspirations for the future) without taking into account that eradication of poverty, hunger, illiteracy, curable diseases, and the survival of hundreds of millions of people in the world depends on the full realization of the latter. The motive behind creating this unfair, selective and cynical hierarchy of rights is plain: if all categories and generations of human rights were evaluated with equal rigor and if their intrinsic interdependence were acknowledged, most of the governments which today claim to champion, promote and protect those rights would inevitably be identified as their worst and cruelest violators. The major world powers have not only progressively dismantled the limited social benefits which their people used to enjoy —these arose in the soi-disant welfare states which were set up to face up to the challenge from socialism during the Cold War— but their transnational corporations are also chiefly responsible for the perpetual poverty and underdevelopment of the South countries, their imperialist aggressions and smart bombs kill and maim tens of thousands every year, their pharmaceutical companies, hiding behind selfish intellectual property rights, prevent access to vital medicines needed by hundreds of millions of low income people. So-called bourgeois liberal democracy based on representation has been severely criticized since it first arose and was conceived because some were certain that it was impossible to have a system of representation in societies where inequality reigned. The point was reached where some said that only egalitarian societies could have systems of government where people trusted others to represent their interests. The point was reached where some rightly said that where inequality reigned, where some had a lot and others had nothing, the whole system of government and all the laws would benefit only those who had everything and work against the well being and progress of those who had nothing. One of the features of international cooperation in the last few years has been the way in which the most important powers in the North have manipulated the concepts of democracy and human rights for the purpose of political domination and, in this endeavor, have been able to rely on the complicity of some governments that are subordinate to them and behave as their client states supporting their schemes for geo-strategic influence. This state of affairs runs counter to the spirit and the letter of the most important international instruments on human rights and to the consensus reached at the International Human Rights Conference in Vienna in 1993. The International Covenants on Human Rights, in Article 1, common to both, recognize that “all peoples have the right to self-determination, including the right to determine their political status and freely pursue their economic, social and cultural development”. In the declaration and action plan adopted in Vienna, it was established that: “democracy is based on the freely expressed will of the people to determine their own political, economic, social and cultural systems and their full participation in all aspects of their lives”. The Cuban political system is the expression of the will of the Cuban people. It is genuinely authentic and autochthonous and is based on the experiences handed down by its rich history of struggle for equality and of solidarity between men and women, of independence, sovereignty, non-discrimination, unity, participation, people’s power and social justice. The Cuban people themselves had suffered the disastrous consequences of the political model that the United States is trying to force them to adopt again. They have already lived through the sorry experience of the “multiparty”,” representative” system that the United States prescribed for them which went hand in hand with foreign dependence, corruption, political and administrative fraud, illiteracy and poverty for vast sectors of the population, discrimination and racism, in a word, a complete absence of the most elemental individual and collective rights, including the right to really free, democratic elections. In Cuba; that system not only bred corrupt, thieving rulers but also gave birth to brutal tyrannies, promoted and supported directly by the US government. The country had to buckle down and design a model that would allow them to solve these inherited evils; to do this, it dug down into its roots and turned for help to the social, humanist, patriotic thought of the Cuban nation’s most illustrious heroes. When explaining the Cuban political system, the first thing that must be stressed is that our model is not imported, it was never a copy of the Soviet model, nor of what existed in the then socialist countries in eastern Europe, as the enemies of the Revolution would have it appear. When the socialist Constitution was passed in a popular referendum in 1976 —it had the backing of more than 95% of the electorate— an important process of institution building in the country took a step forward; the People’s Power bodies such as the National Assembly, the Supreme Court and the Council of State were founded, among other things. There were significant constitutional and electoral reforms in 1992 which broadened and deepened the democratic foundations of our system and made it possible, among other things, for deputies to the National Assembly and delegates to provincial assemblies to be elected by direct and secret ballot; delegates to municipal assemblies were already elected in this manner. Elections in Cuba reflect the support given by the overwhelming majority of the Cuban people to their political system. Characteristics of the Cuban electoral system: 1- Organization of periodic elections where suffrage is universal and equal and voting is secret. 2- Universal registration in the electoral rolls, as a matter of course and without charge, for all citizens 16 and over who have the right to vote. Before the elections a list of the voters in each constituency is published. 3- Direct nomination of candidates for delegates to the municipal assemblies by the voters themselves at public assemblies in which no less than 2 and no more than 8 candidates must be proposed. (In many countries the leadership of the political parties nominates candidates.) 4- The municipal assemblies propose candidates for delegate to the 14 provincial assemblies and for deputy to the National Assembly, approving or rejecting the suggestions from the nomination commissions which are composed of representatives from union, social, student, peasant, women and other organizations. Although, when all is said and done, the people have the last word, through their direct secret vote at the ballot box. For the most recent general elections in January 2003, the aforementioned organizations held 860 plenary sessions and, on average, over 87% of their membership attended. These meetings proposed 57,340 candidates for delegates to the provincial assemblies and for the National Assembly deputies. These were taken into consideration by the nomination commissions. Consultations were held with candidates for delegate to the provincial assemblies and National Assembly deputy to discuss the nominations for president and vice-president of the municipal and provincial assemblies, and for the positions of president, vice-president, secretary and the other members of the Council of State. 3,068,878 people took part in these consultations in work places, educational institutions, in the cooperative and agricultural sector, in military units, communities, etc. 11,102 meetings were also held to introduce the candidates in the aforementioned places; 2,161,159 people attended. As part of our democratic process, in the 2003 general elections, the nomination commissions in two municipalities had to nominate two different candidates for the National Assembly and the provincial assembly since the candidates first nominated were not approved by the corresponding municipal assemblies. 5- The absence of million–dollar election campaigns where resorting to insults, slander and manipulation is the norm. All candidates receive the same treatment. The only advertising allowed is the publication of the official biography listing the personal qualities and history of the candidate. In Cuba the personal qualities of each candidate are what decide the outcome of the vote, not money. In the United States, a country which claims to be a champion of democracy, getting elected senator can cost as much as $3,000,000. 6- The elections are completely clean and transparent. The ballot boxes are guarded by children and young pioneers, they are sealed in the presence of the voters, the votes are counted publicly, and anyone interested in doing so may attend including the domestic and foreign press, diplomats, tourists and anyone else who so wishes. 7- Anyone elected must receive a majority of the votes cast. The candidate is only elected if he or she obtains more than 50% of the valid votes cast. If this does not happen in the first round of voting for delegates to municipal assemblies, then the two candidates who received most votes move on to a second round. If the voting is for a delegate to the provincial assemblies or deputy to the National Assembly and a candidate does not receive enough votes to be elected, then a new candidate must be nominated for a second round of elections. 8- The vote is free, equal and secret. All Cuban citizens have the right to elect and be elected. Since there are no party lists, one votes directly for the candidate one wishes to elect. In elections for delegates to the provincial assemblies and for deputies to the National Assembly, one may vote for one, several, all or none of the candidates 9- All of the representative bodies of state power are elected and renewable. 10- -It is not a requirement that one be a member of the Communist Party of Cuba —this is not an electoral party— to be elected to any position. In fact 22 % of the more than 30 000 candidates nominated to next partial elections for the People’s Power Municipality Assemblies are not members of the Communist Party. The party neither proposes nor elects candidates. In the January 2003 elections for deputies, there was a turnover of 62% of the members of the National Assembly. 21 of the 31 members of the Council of State, who are elected by the National Assembly, were re-elected and 10 new members were chosen. In 2003 in the 14 Provincial Assemblies, 8 incumbent provincial assembly presidents and 6 incumbent vice-presidents were re-elected and 6 new presidents and 8 vice-presidents were elected. In April 2005, the 169 municipal assemblies re-elected 132 incumbent presidents and 86 vice-presidents which accounted for 21.9 % and 49.2 % continuity respectively. 11- All those elected have to render account of what they have done for the electorate who are the ones to hold citizen control over their representatives. 12- All those elected can be recalled by the voters at any time during their term in office. No representative is above the law or their voters. 13- The deputies and delegates are not professionals and therefore are not paid a salary for performing their duties. Their posts have no perks, only duties and responsibilities. 14- There is a high turn-out for elections. There has been an over 95% turn-out in every election held since 1976. In the January 2003 elections for delegates to the provincial assemblies and for deputies to the National Assembly, there was a 97.64% turn-out. Of the votes cast in the elections for deputy, 96.14% were valid, 3% were null and void and only 0.86% were blank. Elections are always held on a Sunday, — not a working day— and there are enough polling stations to ensure that it is not difficult for voters to get to them. Voting is not obligatory; it is a civic right and duty, an act of political and citizen conscience which shows strength and unity of political action. 15- Representatives from the widest variety of sectors in Cuban society make up the Cuban Parliament. 219 of the 609 deputies in the National Assembly are women, which is 35.96% and 8% more than in the previous legislature; 99% are university graduates or graduates from senior secondary school; only 5 left school after ninth grade and one has a primary school education; 32.84%, 4% more than in the previous National Assembly, are black and people of mixed race and almost a quarter are workers in productive or service industries. 16- One deputy is elected for every 20,000 inhabitants or fraction greater than 10,000. All municipal territories are represented in the National Assembly. Each municipality elects at least 2 deputies and, based on this figure, they proportionally elect as many deputies as there are inhabitants. Up to 50% of the deputies have to have been elected as delegates from the constituencies, thus ensuring that they have been directly nominated by the electors themselves and that they live in the district for which they have been nominated. This gives the National Assembly a profoundly human touch which is directly reflected in debates and in the content of their agreements. 17- In a secret, free and direct ballot, the National Assembly elects the Council of State and its president from among its deputies. The President of the Council of State is the Head of State and Head of Government. The Cuban Head of State and Government must go through two elections: he or she must first be elected as a deputy by the population of his or her constituency by free direct and secret ballot and obtain more than half the vote, and then by the National Assembly, also by free, secret and direct ballot 18- Since the National Assembly is the Supreme Organ of State Power and since the legislative, executive and judicial branches are subordinate to it, the Head of State and Government cannot dissolve it. 19- The power to propose laws belongs to many social actors and not just to the deputies, the Supreme Court and the Attorney General’s Office. It belongs also to union, student, women’s and social organizations and to the citizens themselves. In the latter case, if citizens wish to propose a law, the proposal must be supported by at least 10,000 of those who have the right to vote. 20- Laws are passed by a majority deputies’ vote. A specific feature of the Cuban method is that a draft law is not discussed in a plenary session of the National Assembly until, through repeated consultation with deputies and taking into consideration the proposals they make, it has been clearly shown that there is a majority in the Assembly who consent to discuss and pass it. We should point out that the most important laws, those that that may affect the population as a whole or those that may be of concern to them or to workers and their families are discussed with them and consultations are held all across the country in factories, peasant cooperatives, schools, in the neighborhoods, bodies and institutions before a law is analyzed, debated and passed in parliament. Cuban deputies tend to spend many more hours on this kind of work than their counterparts anywhere else on earth. An example is apropos here: discussions were held in factories, peasant cooperatives and educational centers when the National Assembly set out to discuss the measures that had to be taken to deal with the serious economic crisis caused by the rupture of economic and trading ties with the defunct Soviet Union and other previously socialist Eastern and Central European countries and by a US blockade made more severe after the Torricelli Act was passed. The discussion process in factories, farm cooperatives and student centers lasted for four months and involved more than 3.000,000 workers. Can the United States and other countries that go along with its anti-Cuban policies cite practices such as these? It is well-known that many of the decisions that affect a country’s future, economically or socially, or which affect an individual’s personal or family life are not even discussed in parliaments and sometimes are not even discussed in public meetings of the executive branch itself. Why is there only one political party in Cuba? The Republic of Cuba’s Constitution, by the people’s sovereign choice and decision, recognizes the existence of only one political party in the country, The Communist Party of Cuba (PCC). Nevertheless, this is not is political party in the traditional bourgeois liberal democracy sense. It is not an electoral party. Because of legal restrictions and because of the very fact that the PCC is not an electoral party, it does not decide on the formation or composition of the Government. It neither proposes nor elects any candidates. It does not take part in or interfere in the elections for the National Assembly of People’s Power (the highest body of the Cuban State), or for the People’s Supreme Court, or for the President of the Council of State. The PCC’s role is one of guidance, supervision and guarantor of participatory democracy and of sustainable development with equity and social justice in Cuban socialist society. The Party —because of its moral authority and the exemplary nature of its members— carries out its work through persuasion, by convincing people and in a close, constant association with the citizenry. Its ranks are filled with outstanding workers, farmers, intellectuals, artists and scientists all chosen for their personal qualities and for their commitment to the common good. The decisions it takes are binding only upon its members. This concept and practice guarantee that in a system where there is only one party, the largest possible plurality of opinions is empowered and can prevail. The party has 905 325 members. The PCC is the party of the unity and independence of every Cuban. It is heir to and embodies the historical continuity of the Cuban Revolutionary Party founded by our national hero, José Martí; it is also the only party of all Cubans which will fight for his revolution. The aims that gave rise to José Marti’s party —to liberate Cuba, to prevent it from being annexed to the United States and to unite all pro-independence sectors and forces in a single political organization, conscious of the fact that division was the principal cause of the failures of the previous independence wars— these same aims are present today when the Cuban people are suffering from a harsh economic, trade and financial blockade and other aggressive actions from the United States whose goal is to divide the country, overthrow the government and destroy the system installed in Cuba by the sovereign decision of all Cubans. The Party is the result of the integration and voluntary union of revolutionary Cubans from several organizations that fought against the dictatorship and the neo-colonial system forced down the throats of the Cuban people by the United States. A common goal brought various revolutionary forces together to found the PCC six years after the triumph of the Revolution in 1959: unity, a prerequisite for democracy, solidarity, independence and development for the Cuban nation, whose objective is to build socialism in Cuba. The Cuban people are perfectly familiar with the characteristics and “bounties” of the multiparty system that the United States praises so much; it lived with it for more than half a century. What is paradoxical is that the superpower wishes to impose on others what it has not been able to achieve itself. In the United States, a one party system is, in fact, in place, the party of capital and the transnationals, which has managed to stay in power for more than 200 years, putting on a different hat every now and then. The United States pushed for the annihilation of the Cuban Revolutionary Party and in 1902 imposed on the Cuban people a political system with several parties as an instrument of neo-colonial control and division; this only served to exacerbate poverty, corruption and the surrendering of the country’s wealth to US capital. Those political parties, created by the neo-colonial metropolis, demonstrated their inability and lack of will to go up against the bloody Batista dictatorship, indeed, quite the opposite, many of them received money and grew rich on the crumbs which the savage dictator dispensed. After the victory of the Cuban Revolution, one of the first demands made by the people was that an end be put to the politicking and corrupt ways of the traditional political parties. There was a unanimous call for unity. The traditional parties in existence dissolved themselves and their top brass ran off to Miami of their own accord. A multiparty system is not a synonym for democracy, neither is the existence of a multiplicity of parties a prerequisite for democracy. There are more than a few cases where with a multitude of political parties there is still no democracy or real popular participation, and where abstention is the chief voter. Neither in international law nor in the main legal instruments and resolutions agreed to by consensus of the Assembly General is there any principle which postulates a multiparty system as a prerequisite for democracy. Quite the contrary, human rights conventions state that a nation freely decides for itself what kind of political system it will have and provides for its own social, cultural and economic development. Similarly, in the Vienna Declaration and Action Programme it states that democracy is based on the will of the people, freely expressed when it comes to deciding what kind of political, economic, social and cultural regime it will have. The Cuban political system recognizes respects and encourages the greatest possible plurality of ideas and points of view, guaranteeing channels and places for debate. Really important decisions are only taken when the broadest possible social consensus has been reached. There are no political upper echelons in Cuba which designate or nominate candidates. In our country this is done through an extremely popular, participative process. In the rich industrialized world, and especially in countries in the South, there are many people who question the model of bourgeois, liberal democracy that some are attempting to install in Cuba. There are signs of a chronic crisis and in some of these countries this has produced a collapse of the traditional political party system. A recent study made in 18 Latin American countries revealed that 40% of the region’s inhabitants think that democracy without political parties is viable. The study also revealed that 64.6% of voters believe that electoral promises are not kept by those in power because they lie to win the election. The United States or the US embassy was cited as the most important extraterritorial actor when it came down to exercising real power in the area. Although the Cuban system too has a representative nature, this does not end with formal representation; it encourages direct participation in representative bodies by the population. Democracy means real, daily participation in the exercise of power and the decision taking process in all social arenas and it cannot exist without freedom, without education and culture, without popular participation, social justice, individual and collective well-being or without human solidarity. Cuban Civil Society The process of profound revolutionary transformations undertaken by the Cuban people from the moment of their triumph in 1959 fostered solid, broad-based, representative, active participation by the citizenry. Many of the organizations and associations that have been founded in the last four decades have become part of Cuban civil society. These are joined by the organizations founded before 1959 which were not involved in nor supported the outrages and crimes of Fulgencio Batista’s dictatorial regime; their rights were respected and most of them are still actively functioning in the country. Civil society in Cuba comprises more than 2000 organizations, some of the most prominent of which are the social and grassroots organizations and the technical, scientific, cultural, artistic, sports, religious and fraternal, friendship and solidarity organizations or associations and any others which operate by virtue of the Associations Act (Law 54). Social and grassroots organizations have hundreds of thousands of members; some even have millions and in view of their importance are even recognized in the Cuban Constitution in particular in Article 7. Because of their broad-based membership, representativeness and ability to mobilize, the Cuban political system ensures that these non-governmental organizations are given broad powers and the capacity to propose legislation, to be consulted, to give opinions and even to take decisions as they put into practice the participative democracy instituted by the existing constitutional order. These organizations are: The Committees for the Defense of the Revolution (CDR) founded in 1960. They have more than 8 million members. Area residents over the age of 14 voluntarily join these committees. As well as making sure areas residents cooperate to combat terrorism, and crime, their social tasks include encouraging care and attention for young people, blood donating and the collection of recycling materials. The National Association of Small Farmers (ANAP) founded in 1961 has 327,132 independent peasant farmers or cooperative members who own their own land thanks to the Agrarian Reform Law. It helps Cuban peasant small farmers and guides their participation in the social and economic transformation of rural society; in the implementation of the agrarian programme; in boosting agricultural production so that they can achieve a sustained increase in their contribution to domestic agro-industry and to feeding the population. The Federation of Cuban Women (FMC), an organization founded in 1960 after a number of women’s organizations merged. It has 4,037,155 members over the age of 14 and develops policies and programmes designed to help women achieve full equality in all spheres and at all levels of society, among other aspects.. The University Students’ Federation (FEU) is a grassroots organization which represents the interests of students and enforces the rights already won by them. More than 196,000 students are members of the FEU. The Intermediate Level Students’ Federation (FEEM) is the national organization of Cuban adolescent students. Its main objectives include looking after student rights and obligations. It also represents them and channels their concerns and worries vis-à-vis schools, state bodies, the government and beyond. It was founded on 6 December 1970 and has more than 628,000 members. The Central Workers’ Organization of Cuba (CTC) which has approximately 3,000,000 members is heir to the best traditions of struggle and combat of Cuban workers since the emergence of the Cuban nation. In Article 103, the Cuban Constitution decrees that the local government bodies act in close coordination with grassroots and social organizations. Their ability to initiate legislation is constitutionally recognized. In addition to the foregoing, it should be pointed out that the initiative for most recent amendment to the constitution declared Cuba’s socialist social and political system to be irrevocable and banned the negotiation of any agreement under aggression, threat or coercion from a foreign power. This came from a joint request from several social and grassroots organizations and was signed by more than 8 million registered voters, that is to say, by more than 98% the Cuban electorate who did so of their own free will. Some grassroots and social organizations, such as the Central Cuban Workers’ Organization (founded in 1939, it is the umbrella organization for 19 unions) and the University Students’ Federation (founded in 1922), have a long history. Several others emerged with the Revolution because there was a need to provide broad sectors of the population with the opportunity to become direct actors in the process of change. This, for example, was the case of the Federation of Cuban Women, the Cuban National Union of Artists and Writers, the National Union of Cuban Jurists and the Union of Cuban Journalists. As mentioned, there is another type of non-governmental organization or association in Cuba which generally has a much smaller membership. They are scientific, technical, cultural, artistic or sports organization or friendship or solidarity organizations and include culinary, medical and technical associations, associations of sugar workers, architects and engineers, of agricultural and forestry technicians , environmentalists, philosophers, historians, social and political scientists, associations for protecting nature, and associations for members or descendants of various different nationalities, etc. Today in Cuba there are 2.222 non-governmental organizations or associations of this type, of these 1,106 are fraternal, 181 scientific, 135 friendship, 68 cultural, 397 athletic and 335 for social interest. This second group of organizations or associations functions in accordance with Law No. 54 of 1985, the Law of Associations and their Regulations. This establishes the requirements for creating, registering and running such organizations. The obligations established by the Law of Association regarding the registration of non-governmental organizations are the same as those which exist in most countries: they must be non-profit, their finances must be transparent and available for auditing by the competent governmental body, they must have a minimum of 30 members, their activities must not be harmful to public well-being or to that of other individuals or private entities, they must respect the constitutional order and legality, must not be against the principles of humanism, independence, solidarity, non-discrimination, equity, and social justice which hold sway in Cuban society. One of the essential requirements for constituting any civil society organization in Cuba, and this includes social and grassroots organizations, is that members join voluntarily. Another two of their distinctive characteristics are their structure and their rules for democratic operation. All of their officers, at all levels, must be elected. They hold meetings of members periodically which make it possible for them to debate and take decisions on any question of interest to the organization. Most of their by-laws include that member assemblies, at grassroots, municipal and provincial levels, are held periodically, just as congresses at the national level. The aim of these assemblies or congresses is to elect the executive by secret, direct ballot, to have the previous executive give account of its performance, to evaluate the organization’s work during the term in office of the previous executive and to discuss, formulate and approve the organization’s programmes, tasks and action plans for the coming period. Washington’s lying allegations that there is no independent civil society in Cuba does not bear scrutiny. The United Nations Economic and Social Council itself (ECOSOC) has granted consultant status to more than 10 Cuban non-governmental organizations and these contribute regularly to the work of its subsidiary bodies. The requirements and information needed for legally registering and monitoring a Cuban non-governmental organization are consistent with those demanded by ECOSOC’s Non-Governmental Organizations Committee and contained in the Council’s Resolution 1996/31 for granting consultant status and monitoring the activities of NGOs. There are other international organizations headquartered in Havana which have also received consultative status with the Council, these include: The Organization for Solidarity with the Peoples of Asia, Africa and Latin America (OSPAAAL), the Caribbean Medical Association (AMECA) and the Latin American Continental Students’ Organization (OCLAE). The law guarantees that Cuban NGOs are able to operate independently. The Cuban government does not interfere in any way whatsoever with their functioning, not does it finance their administrative expenses. The government only gives financial support to specific projects that the NGOs carry out for the benefit of society or specific communities. They are also involved in channeling and administering a significant portion of the financial aid the country receives as foreign development assistance. Moreover, Cuba has relations and keeps in systematic contact with more than 286 NGOs from 22 countries, 84 of which are from North America and 202 from Europe. At least 168 NGOs from various countries are engaged in cooperation programmes and dozens of foreign cooperants are temporary residents in our country working on various cooperation projects. All non-governmental organizations in Cuba have legal personality and their own property. The law stipulates that their property is obtained using membership dues, donations and other authorized economic revenue, such as the sale of publications, organization of events, etc. The Government receives not only support from the organizations in Cuban civil society but also opinions, suggestions and criticisms which are not always in favor of the projects, measures or actions designed and conceived by government bodies. Nevertheless, these organizations have no need to resort to confrontation in order to achieve their aims. The Government, at all levels, is constantly consulting them and respects their broad legal authority to participate in formulating policies and programmes and make decisions about them. This was even the case during difficult times on such complex matters as the adoption and implementation of the economic restructuring measures that the country found itself obliged to take to deal with special period from 1990 onwards derived from the lost of the economic relations with the former European socialist countries. Civil society in Cuba exists as a complement and not as an opponent to the state. The latter creates the institutions and represents the power of the overwhelming majority of the Cuban people, namely the laborers, agricultural workers, and all workers, intellectuals, artists and researchers in education, health, science, service and other sectors. This harmonious relationship of mutual respect does not favor the United States’ interests; it needs to foster division and disintegration of Cuban society in order to advance the aims of its imperialist policy. By the way, where has it been written or said that in order to be independent, civil society organizations must confront and oppose their country’s government? This might be unavoidable in plutocratic societies like the United States but not when there is popular and participatory democracy as there is in Cuba. Exercising the right to unionize In Cuba, the current legislation and daily practice in all workplaces in the country guarantees all union activity and the fullest enjoyment of the right to unionize. The foregoing is corroborated by the existence of 19 national and industry unions which are organized municipally and provincially. These unions also have 169 municipal and 14 provincial organizations which have 79,119 union branches or locals under them. The 583,771 union leaders at all levels are elected by secret ballot. The existence in Cuba of a single central union umbrella organization which brings the 19 national unions together has not been something the government imposed, nor does it stem from any regulation other than the sovereign will of Cuban workers. The battle for unity in the union movement in Cuba has a long, deep-rooted tradition. It was in 1938, long before the triumph of the Cuban Revolution, and following a free decision by Cuban workers themselves, that the Confederation of Cuban Workers, which the following year became the Cuban Central Workers’ Organization, was founded. The unity of the Cuban workers’ movement has been decisive in its struggle and demands in defense of the power it currently exercises. Fulgencio Batista’s bloody dictatorship (1952-1958) made one of the priorities of its tyrannical regime the destruction of the union movement’s unity which the CTC had created. He never succeeded. In spite of creating artificial “yellow” unions led by criminals paid by the tyrant and neo-colonial countries’ companies, Cuban workers never allowed themselves to be tricked and remained united in their one and only central organization. Neither the Labor Code in effect in Cuba nor any complementary legislation places restrictions on the creation of unions. All Cuban workers have the right to freely join and to set up union organizations with no need for prior authorization. All unions in Cuba and the Cuban Central Workers’ Organization go about their activities and programmes in a completely independent manner. The unions themselves draft and pass their by-laws and regulations, decide on the structure of their organizations, their own work methods and style in accordance with their interests. The workers affiliated with each union nominate and elect their own officials at the various levels, from grassroots assemblies of workers up to the respective congresses which are held regularly and the strictest respect for union democracy is observed. The union officials who are democratically elected by the workers take part with full legal authority in management board meetings, where they make the decisions which affect them both at the company level and even at the level of Central State Administration bodies and institutions. The Labor Code establishes the guarantees necessary for unrestricted union activity to exist in every workplace in the country and for the workers and their representatives to participate fully in the process of making decisions which most affect their many interests. One of the principal goals of workers all over the world, full employment, was achieved in Cuba during 2004. (The unemployment rate is less than 2%, which is among the lowest in the world) The electronic and print media Cuba bestows the greatest importance not only on protecting but also on promoting the right to freedom of opinion and expression, both of which are included in the Constitution; the legal regulations governing them have been expanded. From its inception, the Cuban Revolution has always given priority in its programmes and policies to overcoming the structural and institutional obstacles to the full exercise of these rights in Cuba. One of the first acts of the revolutionary government was to stamp out illiteracy. Similarly, it fostered and encouraged the establishment of many people’s and social organizations which have shown how effective they are in fostering the free flow and exchange of ideas. The revolutionary transformations allowed the Cuban people to take control of the means of information and communication when the latter were nationalized. All Cubans are guaranteed access to the widest spectrum of information. Even though the US blockade limits our access to resources and opportunities, Cuba has a broad range of electronic and print media serving the Cuban people and they have a clear public function. Private, national or transnational monopolies of information and communication are forbidden by law. The use of the media for commercial advertising, inciting racial hatred, pornography, inciting violence and other evils that afflict the media nowadays are forbidden by law. Cubans have the opportunity to receive broadcasts and to be the subjects creating the programming and contents of both the electronic and written media; this guarantees the fullest possible plurality. The media are used to foster discussion and criticism by the public, to disseminate information and to educate children and young people in a spirit of social justice, liberty, equality and human solidarity. Nevertheless, the situation affecting Cuba, a country suffering from a foreign power’s policy of hostility and undeclared war, cannot be ignored. Under such circumstances, disinformation and the manipulation of the news can be an instrument of aggression. A careful examination of the source and veracity of the information becomes a national security imperative. Punishing those responsible for spreading enemy propaganda is unavoidable if we are to defend ourselves. In societies based on the neo-liberal model which is trying to be imposed on the whole world, whether or not an individual or group of individuals has access to the means of information and communication and the dissemination of opinions is determined by the economic resources of that individual or group of individuals interested in exercising this right. Providing universal access to basic social services and meeting the population’s basic needs is a fundamental premise of the Cuban model of development. This includes access to information and communication services. In Cuba, information and communications technologies are assets at the service of the entire population. Education and training in their use are free. Use of and access to their services are governed by clear policies and benefit from programmes aimed at expanding their use by all Cubans. The priorities established for these services, including the Internet, are determined by the maxim that the scarce resources available must benefit the highest possible number of individuals. That is why priority is given to access through social and community settings, such as schools, universities, hospitals and health centers, libraries, research centers, local, provincial and national administration offices and arts and cultural centers. At the individual level, priority is given to connecting doctors, intellectuals, researchers, academics, etc. The widespread use of computers as a tool to teach adults, adolescents and children from the pre-school level on is being extended. An important example of access to information and communication technology are the Computer Clubs for Young People, which in the 18 years following their establishment have provided training for more than 770,000 Cubans, the majority of these children and young people. By the end of the first half of 2005, Cuba had 335,000 computers, which equals 2.98 PCs for every 100 inhabitants, two thirds of which are connected in networks. It is predicted that this will increase by 100,000 new machines every year. There are 1,315 domain addresses ending in dot cu, more than 1,500 web sites on the Internet and more than 790,000 email accounts and 150,000 Internet users. Hundreds of thousands of people in Cuba have access to the Internet, and this number will increase daily, if the country’s economic situation allows. Using INFOMED alone —this is Public Health’s Internet service— around 30,000 health care professionals, doctors and paramedics have access to the Internet. At the higher education level, almost all the professors and most students use the Internet (an average of one computer every 12 students has been installed), the only restrictions being the computer time available and the speed of our networks. Similarly, all the national and local press is available on the Internet. Several radio stations broadcast in real time over the Internet, as does Cubavisión Internacional. The country currently has 136 media sites on the web. In a developing country that is blockaded, and given the impossibility of devoting more resources to developing television service, radio continues to playa vital role in citizens’ participation. In 2005, there were 86 radio stations broadcasting mainly on medium wave and FM. 6 of these stations are national, 17 provincial and 63 municipal and community. In addition to these, there is one short wave international radio station. There are four national TV channels. We have 15 provincial television centers including one in the special municipality of the Isla de la Juventud and a telecenter serving those living in the hills and mountains. Television programming includes foreign-made documentaries, soap operas, series, films and educational, scientific and news material. Approximately 20% of programmes shown on TV are not produced in Cuba. The launching of two television channels devoted essentially to education has been especially effective in increasing the conduits available for the free flow of information and opinions. These channels are received by over 85% of the population and are on air for an average of 15 to 20 hours a day. Their broadcasts represent 62.7% of the total hours of domestic Cuban television broadcasting. Cuba broadcasts to the world via Cubavision International. In 2005, Cuba had a total of 598 print publications. Occupying a position of great importance among these are the 27 newspapers, 3 of which are national in scope (including the union newspaper “Trabajadores” (Workers) and the paper directed at young people “Juventud Rebelde” (Rebellious Youth), 14 are provincial, 9 are territorial and one is international. Eighty of the other regular publications, most of which are magazines, cover the arts and literature, scenic arts, music, visual arts, cinema, cultural promotion and information, humor and comic books, and material for children and young people-; 29 deal with medicine and public health; 63 with applied sciences and technology - the sugar agro-industry, agricultural and animal sciences, industry and transport, architecture, construction and urbanism, general technology, normalization, brands and patents, different areas of science and technology -:21 deal with natural and exact sciences – biology and biotechnology, mathematics, physics and chemistry, sciences of Earth and space -; 73 deal with social sciences – different areas of social sciences, information technology, law, economy, finance and business, education and pedagogy, countries and regions. There are also 23 regular publications put our by religious institutions and 7 by fraternal institutions, 11 by private entities, 9 by social and grassroots organizations, and 63 by other non-governmental organizations and 17 by political organizations. There are 98 publications which appear in digital as well as paper format and 141 which only exist in digital format. Given that there are such a wide range of editors, producers, journalists and reporters, so many possibilities and guarantees for citizens to participate directly in the programming and broadcasting of the public media, and, considering that we are a very small country, such a large number of radio stations, Web sites, magazines and newspapers, who can seriously and objectively claim that there is no plurality in the Cuban electronic and print media? And, in fact, if there are not more of all of the above it is basically because the availability of paper is limited as are the resources needed to broadcast more hours of radio and television because of our underdevelopment and the U.S. blockade. The right to petition and the defense of human rights whenever they are being violated. By virtue of article 63 of the Fundamental Law of the Republic, any citizen has the right to lay complaints and address petitions to the authorities and to receive adequate attention or responses in a reasonable time, according to law. These provisions are echoed in the legislation concerning central state administration which includes and develops this right by establishing the ways and procedures that the bodies of which it (central state administration) is composed must follow to respond to the complaints received directly from the population or those that the population sends via their elected representatives. Any Cuban, or his or her representatives, can lay complaints or denounce violations of their rights and demand a reply from such institutions as: • The Office of the Attorney General of the Republic and in particular its department for the protection of citizens’ rights. The Attorney General’s Office, in article 8, paragraph c) of Law No, 83 of 1997 was made responsible for attending to claims laid by citizens about alleged violations of their rights. In Article 24 of the same law, paragraph 2) it was given the responsibility of settling claims through resolutions issued by the Attorney General which re-establish legality. There are legal guarantees in Cuba so that anyone — whether that person is a Cuban citizen or a foreigner— can have recourse to the courts or the competent authorities to exert their rights or, if these rights have been violated, to demand that they be defended. Access to the courts in Cuba is free and in cases that need representation or the services of a lawyer, citizens may go to any lawyer, no matter how famous this person may be, and contract him or her for a small fee, established by law and a priori, which is not beyond the reach of any average citizen. Justice is dispensed swiftly, in contrast to some other countries where any case, civil, criminal or other, can take years. The Cuban system gives the first court’s verdict within a matter of months. Equality of all before the law and the uniform application of that law by judges prevent practices that are common elsewhere, especially in the United States of America where economic power can cause imbalances that lead to bribery and unevenness when justice is handed down. The deep respect for human dignity, the principle of equality and the spirit of humanism and solidarity that infuses our society are what guide the administration of justice in Cuba. Cuban judges are independent and do not owe obedience to anything other than the law. Those who allege that Cuban courts cannot make independent rulings are lying. The professional judges are elected for an indefinite period and can only be removed for reasons set forth in our laws. This contributes to the autonomous, independent manner in which they do their job. Cuba has demonstrated the veracity of the premise that a cultured, prepared and educated people will never be oppressed and will exert its full, complete independence and freedom. The Cuban people are moving ahead with a revolutionary process of permanent transformations to firmly establish democracy and participation by the citizenry. The changes have been and will continue to be multiple: all, nevertheless, lie within the framework of the socialist constitutional order whose irrevocability was decided on by the overwhelming majority of the Cuban nation. We are not trying to show there is unanimity, far from it; there is a broad diversity of opinions and there are ways to channel them. Only because they have a government of the people, by the people and for the people and permanent, genuine and participative democracy are the Cuban people able to overcome the challenges, threats and aggression leveled at it by successive US administrations, including the genocidal blockade which has lasted for more than forty years.
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