| WHITE BOOK 2006 >> THIRD PART >>CHAPTER 2 | ||
CHAPTER 2: THE GUARANTEES PROVIDED BY CUBAN DOMESTIC LAW FOR CIVIL AND POLITICAL RIGHTS Some basic presuppositions In order to discuss the institutional protection for human rights in Cuba and, in particular, the protection of civil and political rights, one must first look at some basic presuppositions: • The Universal Declaration of Human Rights is not a legally binding legal instrument even though its general acceptance has made it the document universally referred to on the subject of promoting and protecting human rights. By virtue of the last paragraph of its preamble, the Declaration was pronounced as “ the common ideal towards which all peoples and nations must strive, so that both individuals and institutions, constantly seeking inspiration in the declaration, promote respect for rights and freedoms through education and teaching”. The Declaration itself does not contain any international obligations that are binding on states; it is a foundation for a plan of action to follow in order to reach this “common ideal” through dialogue and cooperation. The universality of the rights and freedoms enshrined in the Declaration stems from the respect for diversity concerning the ways and means of guaranteeing that they are respected and enforced. This universality goes hand in hand with the indivisibility and interdependence of the various categories of human rights. The Universal Declaration would have neither force nor reason to exist outside of the general framework of international law and especially the respect for the sovereign equality between states. • There are no privileged categories of human rights. In the Declaration and Action Programme adopted at the Vienna World Human Rights Conference in 1993, it was reaffirmed that human rights are universal, indivisible and interdependent and that all categories of human rights must be treated in a fair and equal manner, on an equal footing and giving all the same weight. • Human rights are universal, but their specific content and the way the rights and freedoms of individuals are exercised and enjoyed depend on the particularities and needs of each individual society and are subordinate to the will of the people. The protection and promotion of the rights and freedoms of all men and women was established as the responsibility and task of all states with the adoption of the UN Charter— cornerstone of our international legal framework— at the San Francisco Conference in 1945. It is the responsibility of every state to provide —on the basis of the people’s sovereign will— the guarantees and resources which the exercise and protection of these rights and freedoms require. States must ensure that the laws, policies, programmes and other instruments needed to promote and protect the rights recognized in the aforementioned international documents are in place. By virtue of article 29 (2) of the Universal Declaration of Human Rights, the specific content that the rights recognized by the Declaration have in each individual society is determined by that society’s legal framework. Human rights are neither eternal nor sui generis and cannot be analyzed in the abstract or as separate from social or class categories. Domestic legislation and every state’s freely and explicitly adopted obligations lay down the legal framework within which the rights and freedoms of every individual in every society are exercised and enjoyed. That is to say, the legal protection that these rights and freedoms enjoy in each state is central to their exercise and promotion. It would be misguided, however, to analyze a given country’s human rights situation by studying that country’s legislation alone. A decisive element in the protection and promotion of these rights and freedoms is the implementation of government policies and programmes aimed at advocating and supporting these. The principle of the sovereign equality of states —at least de jure— bars any government from foisting its laws and legal frameworks on other nations. National and regional particularities and the many historical, religious, legal and cultural legacies which characterize different political, economic and social systems cannot be overlooked when analyzing the human rights situation in a particular country. • The bourgeois concept of human rights emphasizes civil and political rights, downplaying the significance of economic, social and cultural rights. Bourgeois human rights theory prioritizes the protection of civil and political rights. Economic, social and cultural rights are presented as goals to be reached progressively; some go as far as describing them as mere dreams for the future. Article 22 of the Universal Declaration of Human Rights clearly establishes that “everyone, as a member of society, has the right to social security and is entitled to realization, through national effort and international co-operation and in accordance with the organization and resources of each State, of the economic, social and cultural rights indispensable for his dignity and the free development of his personality”. The preamble to the International Covenant on Economic, Social and Cultural Rights establishes that “the ideal of free human beings enjoying freedom from fear and want can only be achieved if conditions are created whereby everyone may enjoy his economic, social and cultural rights, as well as his civil and political rights”. There is no real dichotomy between civil and political rights, on one side, and economic, social and cultural rights on the other. They form an indivisible whole. An unequivocally individualistic conception is pushed by bourgeois ideologues in the field of human rights. Over-insistence on the development of an individual’s potential overlooks that individual’s duties to society and even ignores the collective ambit within which some rights are enjoyed, as that of the rights of peoples to peace, development, self-determination and international solidarity. An objective and just conception of human rights would promote and protect individual rights and freedoms and every human being’s fullest self-realization with the understanding that individuals cannot fulfill themselves and exercise their rights outside the scope of social relations and to the detriment of society’s interests. The recognition of rights and freedoms also delineates individual duties to society. In article 29 (1), the Universal Declaration of Human Rights establishes that “everyone has duties to the community in which alone the free and full development of his personality is possible”. • Western industrialized powers manipulate human rights in order to dominate others and impose their ideology on them. Led by the United States, Western nations have manipulated international human rights cooperation mechanisms and made them instruments to serve their foreign policy and spearhead their campaigns of domination. The distortion of Cuba’s human rights record and campaigns of misinformation and lies against the Cuban people’s revolutionary changes have been at the core of US hostile policy towards the Cuban nation’s assertion of its right to sovereignty. Human rights in Cuba’s constitutional tradition As explained in other chapters of this document, calling Cuba’s political system into question constitutes a pillar of the United States’ anti-Cuban campaign about democracy and human rights. In fact, Cuba’s democratic system is based on the people’s broadest and most genuine political participation, on plurality of opinion —opinions which influence the consensuses that determine the nation’s political, economic, social and cultural course—and on every Cuban citizen’s participation in the exercise of power. Each citizen not only participates in the exercise of political power; he or she also benefits from and co-owns the nation’s resources, wealth and main means of production. All have access to non-discriminatory basic services in education, health and social assistance and security. The rights and freedoms of Cuban citizens which the Constitution of the Republic and other national legislative instruments protect and guarantee are not only compatible in nature and scope with the rights and freedoms enshrined in the Universal Declaration of Human Rights, in many aspects, the recognition and protection of those rights is much broader and more encompassing. Apart from those contained in the Universal Declaration, the Cuban Constitution recognizes other rights for Cubans, as those established in article 8 (b), namely: • That there be no man or woman, capable of working, who does not have the opportunity to obtain employment with which he/she can contribute to society and to the satisfaction of his/her own needs; Approved with an overwhelming majority of votes in 1976, Cuba’s Constitution enshrines the ideals of democracy, freedom, equality and social justice which have guided the Cuban people in their struggle for over 150 years. This constitutional human rights hierarchy has roots which go deep into Cuba’s history. Article 28 of the Guáimaro Constitution of 10 April 1869, the first to be adopted by the Republic of Cuba in Arms, established that “the House cannot encroach upon freedom of religion, press, peaceful assembly, and petition or upon any of the people’s inalienable rights”. The Yaya Constitution of 10 October 1897 also included an extensive declaration of individual and political rights, including freedom of thought and religion, the right to claims and complaints, the right to vote and freedom of opinion, expression and association. Cuba’s current Constitution, whose text was long debated and amended a number of times by the Cuban people before being voted on in a referendum, is based on the thought of José Martí, the national independence hero, who once expressed: “I want the veneration of Man’s full dignity to be enshrined as the first law of the Republic”. This vision distances itself greatly from the individualistic reading of human rights which prevails in bourgeois thought. José Marti’s understanding of human rights bases itself on a vision of solidarity, a republic which would be founded by everyone and for the benefit of everyone. Through clearly and precisely formulated articles, the Constitution of the Republic of Cuba, promulgated on 24 February 1976, recognizes and protects each and every human right proclaimed by the Universal Declaration. Enshrined in Cuba’s Constitution is the principle of the indivisibility and interdependence of all human rights categories. No analysis which sets out to evaluate the promotion and protection of civil and political rights in Cuba as independent categories can be encompassing or complete. However, since these are the categories which the anti-Cuban lies and disinformation campaigns undertaken by Washington authorities emphasize, this chapter will mostly limit itself to explaining how the Constitution and other Cuban laws regulate civil and political rights. An analysis of Cuban legislation immediately reveals that the Constitution is not the sole instrument which legally protects human rights; these are duly formulated and guaranteed by domestic substantive law. The Penal Code, the Social Security Law, the Family Code, the Youth and Childhood Code and many other instruments complement and guarantee the exercise of all human rights, including political and civil rights. What follows is a summary of the constitutional and other laws in Cuba which legally guarantee the civil and political rights recognized by the Universal Declaration of Human Rights. The list is not exhaustive, nor could it be in a document such as this one. The information is presented in the same order as the articles of one of the most universal international human rights instruments. The various articles in the Declaration referring to civil and political rights are compared with the corresponding articles of Cuban legislation which recognize and protect the latter. Article 3 of the Universal Declaration of Human Rights: “Everyone has the right to life, liberty and security of person”. Some provisions establishing and protecting this right in Cuban legislation: • Article 58 of the Constitution Respect for the right to life, freedom and security of person is a guiding principle of Cuban society and of the functioning of its authorities. There is no true freedom to speak of in a society where exploitation by classes and oligarchies prevails, where inequality and subjugation are conditions for survival and progress, where a person’s full self-actualization does not depend on merit, talent or effort. Cuban law ordains severe measures to prevent any arbitrary deprivation of freedom and to judge and punish those responsible for any such action. Although the law punishes all conduct that places human physical integrity and life at risk, the Cuban Penal Code in fact establishes harsher punishments for those who commit such crimes while abusing their power or authority or taking advantage of a person’s defenselessness. In addition to being an offence, violence against human beings is prevented through education and restrictions on the use of any instrument that could encourage extreme violence or put the lives of human beings at risk. In this connection, it is worth mentioning that rigorous controls and far-reaching restrictions on the use of fire arms —declaring their purchase or sale illegal and considerably limiting their possession— are in place in Cuba. Members of the armed forces, since they are not responsible for maintaining the country’s internal social order, for instance, are only permitted to carry and use their weapons in the performance of their duties within military units, in situations and in a manner established by regulations. With respect to the penal code, members of the Ministry of the Interior, including police officers, are considered military personnel and subject to military penal and procedural law. With respect to the death penalty, it should be mentioned that, even though it is included in Cuba’s national legislation, it is and has been applied only in highly exceptional cases. It is handed down by the competent court only for the most serious cases of crimes for which this sentence has been established (See: Title III, Section I, article 29 of the Penal Code and Law against Acts of Terrorism). In 1999, the National Assembly of the People’s Power modified the Penal Code with the adoption of Law No. 87, prescribing life imprisonment for various crimes with the chief aim of providing an alternative for the death penalty. Both at a legislative and practical level, Cuba respects and rigorously complies with UN safeguards designed to protect the rights of death- row inmates (Resolution 1984/50 ECOSOC); among these, we could mention the exoneration of individuals because of age or mental state, the handing down of life sentences as alternative punishment, the right to appeal, etc. It is well worth emphasizing that the death penalty has been resorted to in Cuba to defend its national security, not only against numerous external acts of aggression but also against terrorist actions and crimes aimed at destroying the Cuban state or the lives of its citizens. An important factor which has discouraged the Cuban government from abolishing the death penalty has been the continuation and redoubling of the policy of aggression and terrorist actions against the Cuban people, which the United States has either promoted or tolerated. Article 4 of the Universal Declaration of Human Rights: “No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms”. Provisions establishing and protecting this right in Cuban legislation: • Articles 1 and 9, sub-article a) of the Constitution No one can be enslaved in Cuba. Slavery, or any form of servitude, is vehemently repudiated at the political and social level. Cuba was the last Spanish colony to achieve independence on the American continent, and slavery was not abolished until1886. Articles 116 and 120 of the Penal Code prescribe ten to twenty years imprisonment or the death penalty for those who attempt to partially or completely destroy a national, ethnic, racial or religious group or to subject the group to conditions which threaten to exterminate the group or some of its members. Article 120.1 establishes a sanction of ten to twenty years imprisonment or death for those who, aiming to establish or maintain the domination of one racial group by another, promote policies of extermination, segregation and racial discrimination. Cuban law safeguards the dignity of prisoners and prevents conditions of servitude from being imposed upon them or any other person. Article 30.11 of the Penal Code states that the “prisoner cannot be the object of corporal punishment nor may any measure which entails humiliation or undermines his dignity be taken against him”. Cuban legislation does not admit any prison sentence involving forced labor. Prison regulations establish the right of prisoners to receive technical and professional training and schooling and to perform socially useful labor, receiving the same salary as they would if they were not in a penitentiary institution. It is well worth clarifying the circumstances surrounding the work of young people who are members of the Youth Work Brigades and students in country boarding schools, as these have been the target of numerous anti-Cuban campaigns of disinformation and lies promoted by the United States. To ensure that a citizen’s conscientious objection to military service is respected, Law No. 75 of 21 December 1994 (or the Law of National Defense) establishes alternatives to military service in the Armed Forces, thus taking into account any citizen’s particular situation. Legislation stipulates that every young person who is conscripted must be given a preliminary interview to assess his/her opinions, his/her inclinations and preparedness and to offer him/her the opportunity to voice any moral objections. This mechanism is in place to ensure that a timely decision regarding their case is made and an appropriate assignment within the national service is guaranteed, sparing the conscript the use of weapons (if he/she objected to this) and respecting his/her religious and moral obligations. In the case of the Youth Work Brigade —one of the alternatives to military service— Recruitment Commissions (Article 70 of Law 75) makes use of a consultation mechanism to find out which of the 11 specialties offered would be preferred by the young conscript. The Youth Work Brigades offer young people advantages such as high salaries and the right to paid holidays, making these an especially attractive and highly popular way of doing military service. The work carried out by the Youth Work Brigades chiefly consists in the gathering of fruits and agricultural products during the peak harvest season. These products are used primarily to supply the troops; all excess products are sold to nearby populations at reduced prices. Country boarding schools were conceived following the teachings of Cuba’s independence hero. José Martí always insisted on the importance of linking study and work in the education of the young. The Cuban government developed a model designed to prepare and educate its citizens from the earliest age. Wherever possible —and provided students (7th grade up to university) are fit— work is linked to a free education which is accessible to everyone. Article 5 of the Universal Declaration of Human Rights: “No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment”. • Article 8; sub-article a), third paragraph and Articles 59 and 60 of the Constitution. Cuba’s revolutionary government has never resorted to violent or humiliating treatment of a single prisoner or citizen. The Cuban revolution was born as a struggle against injustice and tyranny. A deep-seated hatred towards all forms of abuse and arbitrariness, towards physical and psychological violence against people or prisoners, took shape in Cuba. To never subject a prisoner to violent or humiliating treatment was a principle which, in the strictest sense, guided the Rebel forces who fought in Cuba’s liberation struggle. This precept continues to stand as an inviolable norm for Cuban authorities. More than 1,200 mercenaries were taken prisoner during the Bay of Pigs Invasion and were tried by revolutionary courts in April 1961. Not one of them was able to claim ill-treatment or torture by Cuban troops. On the contrary, Cuban authorities returned the mercenaries to US soil in exchange for a shipment of food and medicines which were distributed to the Cuban people. No one can point to a single case of torture, extra-legal execution or forced disappearance in the history of the Cuban revolution. Neither can anyone speak of a single public demonstration being attacked or repressed by the police, or the use of tear gas, fire arms or rubber bullets on the populace by Cuban authorities. Cuba has developed a penitentiary system which gives prisoners the opportunity to correct their behavior and re-insert themselves into society. The features of this system and the new programmes that have been undertaken in this connection are dealt with in a chapter devoted to this topic. Respect for a person’s physical and mental integrity is a sacred principle of the Cuban social ethos. Violation of this principle is punished with the utmost severity. These guarantees appear in the Constitution in Articles 59 and 60. Article 141.1 of the Penal Code states that any government official who implements or calls for a safety measure without an order issued by a competent court incurs a prison sentence. Similarly, articles 272 to 274 regulate sanctions to be applied in cases which result in injury to others. Article 286 deals with the crime of coercion, defined as compelling someone to do something through the use of violence or threats. The Law of Military Offences establishes severe punishments for all crimes against a person’s physical integrity, even those perpetrated in the guise of disciplining measures; it prescribes prison sentences for officers who use excessive force or unseemingly perform their duties. Cuba’s penitentiary regulations strictly prohibit agents from using violence or coercion to obtain confessions from prisoners during interviews or interrogations. Article 63 of the Constitution establishes that all citizens have the right to direct complaints and petitions to the pertinent authorities and to receive an answer within a reasonable period, as per the law. In light of the sensitive nature of cases involving officers from the Ministry of the Interior, the latter has created a department, separate from the Military Public Prosecutor’s Office and directly subordinate to the Secretariat, to handle complaints from the population. Prisoners are also guaranteed the right to make claims or register complaints. The Penitentiary System’s Regulations establish that all prisoners have the right to register verbal or written complaints with penal authorities and to receive a response to these. Prisoners also have the right to pursue legal procedures using a lawyer or the head of the penal institution. Article 6 of the Universal Declaration of Human Rights: “Everyone has the right to recognition everywhere as a person before the law”. Provisions establishing and protecting this right in Cuban legislation: Article 9; sub-article a), paragraph three of the Constitution. Cuba’s legislation recognizes the human being’s right to a legal status; article 24 of the Civil Code provides that this status is granted at birth and expires at the time of death. In the same fashion, article 25 of the Civil Code confers all rights and guarantees on newborns, with the proviso that they are born alive. Citizens acquire full legal capacity at the age of 18 (article 29 of the Civil Code). The law provides for those who have no legal capacity (article 31 of the Civil Code); these are children under 10 and elderly individuals who have been declared incapable of taking care of themselves or their property. The inalienable rights of a citizen include the right to request an immediate end to a crime against one’s person, the recanting on behalf of the offender and to repair for resulting damages or injury. Article 7 of the Universal Declaration of Human Rights: “All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination”. Provisions establishing and protecting this right in Cuban legislation: - Article 41, 42 and 43 of the Constitution. An entire chapter of Cuba’s Constitution establishes equal rights and duties for all citizens, outlaws discrimination and makes it punishable by law. All citizens are considered equal, regardless of race, skin color, gender, religious beliefs, national origin or any condition affecting him/her as a human being. In this connection, all Cuban citizens enjoy rights such as: - Access, according to merit and ability, to all government, public administration, production or services positions or jobs. Article 295 of the Penal Code provides for crimes against the right to equality, establishing that whoever discriminates another person or promotes or incites discrimination, incurs a prison sentence of six months to two years, a fine anywhere from two to five hundred quotas, or both. Article 8 of the Universal Declaration of Human Rights: “Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law”. - Articles 26 and 63 of the Constitution. By virtue of the Constitution, anyone who unjustly suffers damages or injury because of actions undertaken by state officials or agents in the performance of their duties has the right to register a complaint and to obtain the compensation that the law establishes. The Constitution also establishes the right to direct complaints and petitions to authorities and to receive the pertinent attention or response, as per the law. Cuba’s political system is not divided into the executive, judiciary and legislature; it is the people who wield the one existing power. Consequently, the one body vested with constitutional authority is the highest government institution in Cuba: the National Assembly of the People’s Power. There is no higher institution that can assess the constitutional validity of its actions. In Cuba’s political system, ordinary courts are not empowered to review or hand down a ruling in connection with cases involving human rights violations as such, unless such cases consist of crimes or infractions for which proceedings may be instituted and fall within the court’s jurisdiction. Nevertheless, if the court is aware of any violation of these rights at the time it is to hand down a ruling; it is obliged to obtain testimony and to make it known to the Public Prosecutor’s Office. All Cuban citizens may resort to the following instruments in defense of their individual rights: We can appreciate that a well-developed system for the protection of human rights is in place in Cuba. This system is complemented by legal provisions that, as we shall later see, bestow on the Public Prosecutor’s Office of the Republic specific functions aimed at offering citizens wider-ranging protection of their rights. Through article 8 (c) of Law No. 83 of 1997, the Public Prosecutor’s Office was given the express task of attending to citizen complaints regarding supposed violations of their rights; article 24 (2) of the same Law empowered the public prosecutor to issue resolutions to restore legality. That is to say, in his capacity to act and decide, he is vested with more authority than an ombudsman. In Cuba, anyone —citizen or foreigner— can resort to the courts or competent authorities to pursue the defense of his/her rights. Article 9 of the Universal Declaration of Human Rights “No one shall be subjected to arbitrary arrest, detention or exile”. Provisions establishing and protecting this right in Cuban legislation: Articles 58 and 59 of the Constitution. Article 58 of the Constitution establishes that “personal freedom and inviolability are a guarantee for all who reside in national territory. No one can be detained unless for a crime, in the manner and with the guarantees prescribed by law. The personal integrity of the detainee or prisoner is inviolable”. Article 59 establishes that “no one can be tried or sentenced unless it is by a competent court, by virtue of the law in effect before the crime was committed and with the guarantees and formalities that it establishes”. These constitutional precepts offer the highest level of legal protection to a human being’s right to personal inviolability and lay the bases for preventing the violation of people’s freedoms, making procedural law the sole instrument that can authorize their detention. The Law of Penal Procedure establishes the cases in which officials or agents must proceed to detain a person. The Penal Code complements regulations in this area; it prescribes imprisonment for anyone who carries out an arbitrary detention and a more severe sentence for cases in which this detention results in the death of the victim. Any official or agent who does not release a detainee or hand him or her over to the competent authority within the legally established period, or who wrongfully delays implementing a resolution calling for this detainee’s release, is also subject to punishment for this crime. The head of a penitentiary institution, who receives anyone as prisoner without an order issued by competent authority or court, or who does not see to the release of a detainee or prisoner requested by virtue of a writ of Habeas Corpus or any like instrument, is also guilty of this crime. By virtue of article 109 of the Law of Penal Procedure, the Public Prosecutor’s Office must ensure that the dignity of the accused is respected and that, under no circumstances, his or her rights are encroached upon; the article makes this institution responsible for ensuring strict compliance with the law during the case’s investigative phase. Article 245 of the Law of Penal Procedure establishes that the police cannot detain a person for more than 24 hours without presenting the judge with a full account of the case; the latter must see to the detainee’s release within the next 72 hours or have him/ her handed over to the public prosecutor. Article 10 of the Universal Declaration of Human Rights: “Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him”. Provisions establishing and protecting this right in Cuban legislation: Articles 120 and 121 of the Constitution Cuba’s Constitution and Law of the People’s Courts establish that justice must be dispensed on the basis of the principle that all citizens are equal before the law and the courts and that the accused has the right to a defense. No one can be tried or sentenced unless it is by a competent court, by virtue of the law in effect before the crime was committed and with the guarantees and formalities that it establishes. The Constitution establishes the fundamental principle that judges, responsible for dispensing justice, are autonomous and owe obedience to nothing except the law. In Cuba, the judicial function is above government and administrative functions, something guaranteed by the Constitution and law, which establish that court rulings and decisions —those that they are empowered to hand down or adopt— must always be complied with by government entities and citizens. Article 41 of the Constitution guarantees equality before the courts. It establishes that all citizens enjoy equal rights and have the same duties. The Law of Penal Procedure identifies the specific forums where political, legislative, government and judicial authorities are tried —without encroachment upon the rights and guarantees they enjoy as citizens and without individual privileges— and which ensure that no form of impunity prevails. No one in Cuba is outside or above the law. The laws which make up Cuba’s judicial system conceive of a defendant’s civil rights as separate from the criminal charges brought against them. Civil and political rights are thus legally protected, in such a manner that their violation constitutes a crime which is prosecutable as a matter of course or at the request of the offended party. An entire title of the Penal Code (articles 279 to 295) is devoted to mechanisms set up to protect these rights. Article 305 of the Law of Penal Procedure establishes that trials are public unless for reasons connected to state security, morality, public order or respect for the offended party or his/her relatives make it advisable to hold a closed trial. Only the parties, their representatives, the defense, auxiliary personnel and individuals authorized by the court may participate in closed trials. This law requires that the accused be presumed innocent until his or her guilt is proven. Proof separate from the testimony of the accused, his/her spouse and relatives (up to and including fourth-degree relatives or second of affinity), must be produced. The obligation to prove the guilt of the accused falls on the prosecution. Article 305 of this law guarantees that witnesses testify in person and that proceedings remain open to the public during the trial. Article 346 of the Law of Penal Procedure prohibits trials in absentia; it is a right of the accused to take part in his/her trial and no trial can be held in his/her absence. Article 59 of the Constitution establishes the right of the accused to a defense. The law recognizes collective law firms as autonomous organizations that serve the people and establishes the right of the accused to designate his/her attorney; if the accused does not designate an attorney, the court appoints one for him/her. By virtue of Cuban procedural law, all rulings may be appealed before higher courts. A special appeal process with additional guarantees exists for the death penalty. Cuban penal legislation also allows for the review of rulings. Numerous factors justify the review of a ruling. This procedure may be initiated as a matter of course by the Ministry of Justice, the Presiding Judge of the Supreme Court or the Director of Public Prosecutions when an inspection or any aspect of the trial reveals reasons to review the ruling. There are no courts for the trying of minors in Cuba. Cuba’s Penal Code establishes that a person becomes legally accountable at the age of 16. Any minor responsible for an action which would constitute a crime if they were an adult, or who manifests behavioral traumas, is attended to by the Ministry of Education or the Ministry of the Interior, through a system based on progressive pedagogical, sociological and juridical concepts. Article 17 of the Penal Code provides additional legal protection for young people by establishing that the minimum and maximum prison sentences for crimes committed by anyone between the age of 16 and 18 can be reduced by half; as for those between the ages of 18 and 20, the sentence may be reduced by one third, in the interests of re-educating the young person, giving him/her job or vocational training and teaching him/her respect for the legal order. The law’s general aim is to help minors and young people in the development of their personality. Re-education centers run by the Ministry of the Interior take up recidivists and those who are very dangerous to society, are reluctant to participate in rehabilitation work and for whom family, school and community-based efforts have yielded few results. These institutions are equipped with classrooms, workshops and areas for sports and cultural activities. Article 11 of the Universal Declaration of Human Rights: “Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defense. No one shall be held guilty of any penal offence on account of any act or omission which did not constitute a penal offence, under national or international law, at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the penal offence was committed”. Provisions establishing and protecting this right in Cuban legislation: Articles 59 and 61 of the Constitution These are the in dubio pro reo and nullum crimen sina previa lege penale rights. According to Cuban penal doctrine, these constitute objective rights of the accused. Cuban law ensures that the accused is presumed innocent until he is convicted. Proof of the crime separate from the testimony of the accuser, his/her spouse and relatives, must be produced. Consequently, declarations do not exempt the accuser from the obligation of producing the evidence needed to prove the facts. A constitutional precept of Cuban legislation establishes that no law can be retroactive. Article 61 of the Constitution establishes that the only retroactive effects of a law which are recognized are those which are favorable to the defendant or convicted. Article 3 of the Penal Code lends further weight to this principle by establishing that the only penal law applicable is that which is in effect before or at the time the crime is committed and that a new law can be applied for a crime which was committed before it came into effect only when this favors the convicted. This means that if, by virtue of the new law, the action punished by law ceases to be punishable as a crime, the conviction and all its related effects are cancelled by right. Article 12 of the Universal Declaration of Human Rights: “No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honor and reputation. Everyone has the right to the protection of the law against such interference or attacks”. Provisions establishing and protecting this right in Cuban legislation: Articles 56, 57 and 58 of the Constitution Article 56 of the Constitution enshrines the inviolability of the home. No one can enter a domicile against the will of the dweller, except when the law prescribes such an entry. Article 57 establishes that the confidentiality of correspondence is inviolable and only in such cases as established by law can it be examined; this article also establishes that the motives for examining someone’s correspondence are to be kept confidential as well. Article 58 guarantees personal freedom and inviolability for all who reside in Cuba. Articles 215 to 227 of the Law of Penal Procedure regulate the entry of authority agents into private domiciles. Agents may enter a residence only with the consent of the citizen; without said consent, they require a warrant from the Public Prosecutor’s Office. To establish mechanisms to protect these individual rights, the Penal Code refers to: Crimes against personal freedom (articles 279 to 282). Anyone who deprives another of his/her personal freedom incurs a prison sentence. The sentence is more severe if such an action is motivated by revenge or if it is committed against a civil servant or minor. Article 13 of the Universal Declaration of Human Rights: “Everyone has the right to freedom of movement and residence within the borders of each state. Everyone has the right to leave any country, including his own, and to return to his country”. Provisions establishing and protecting this right in Cuban legislation: Article 43 of the Constitution As the listed articles and laws demonstrate, the Cuban Constitution and legislation provide the legal framework indispensable to the protection of the rights established by article 13 of the Universal Declaration of Human Rights. We must bear in mind, however, that Cubans’ freedom to travel has been irregularly and arbitrarily encroached upon as a result of the political manipulation of migratory relations with Cuba that different US administrations have been responsible for (an entire chapter is devoted to this topic). The impunity with which Cuban-born terrorists residing in the United States operate has also forced Cuban authorities to establish special control mechanisms to regulate the entry of Cuban-born US residents into the country. In spite of the enormous obstacles and challenges on the way —and thanks to the commitment of Cuban authorities— Cuba heads unstoppably toward the complete normalization of relations with its emigrants. Since 1 June 2004, Cubans residing abroad no longer have to request an entry permit to visit Cuba. All Cubans residing abroad who have a valid passport can visit Cuba as many times as they wish. Cubans residing in the United States, however, have been deprived of this freedom through new restrictions placed on travel to Cuba by President Bush. Cuba recognizes the rights of its citizens to leave the country, temporarily or permanently, establishing only minimal restrictions for individuals who hold important secrets or highly sensitive national security information, professionals who provide vital health services to the people and must wait for replacements to be trained or those subject to court orders or sentences. Article 14 of the Universal Declaration of Human Rights: “In the event of persecution, everyone has the right to seek and to enjoy asylum in other countries. This right may not be invoked in the case of prosecutions genuinely arising from non-political crimes or from acts contrary to the purposes and principles of the United Nations”. Provisions establishing and protecting this right in Cuban legislation: Article 13 of the Constitution By virtue of the Constitution, Cuba is bound to give asylum to anyone who is persecuted for: struggling for the democratic rights of majorities and national liberation; against imperialism, fascism, colonialism and neo-colonialism; for the suppression of racial discrimination; for the rights and claims of workers, peasants and students; for progressive political, scientific, artistic and literary activities. Hundreds of Latin Americans persecuted by dictatorships supported and promoted by the United States were given asylum in Cuba. Article 15 of the Universal Declaration of Human Rights: “Everyone has the right to a nationality. No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality”. Provisions establishing and protecting this right in Cuban legislation: Article 28 to 33 of the Constitution Chapter II of the Constitution describes the ways through which Cuban citizenship is obtained, namely, through birth or naturalization. The Constitution states that neither marriage nor its dissolution affects the citizenship of the spouses or their children. Similarly, it establishes that Cubans cannot be deprived of their citizenship unless for legally established reasons. Double citizenship is not permitted and citizenship may be re-obtained in those cases and through ways established by law. Article 16 of the Universal Declaration of Human Rights: “Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family. They are entitled to equal rights as to marriage, during marriage and at its dissolution. Marriage shall be entered into only with the free and full consent of the intending spouses. The family is the natural and fundamental group unit of society and is entitled to protection by society and the State”. Provisions establishing and protecting this right in Cuban legislation: Articles 35 to 38 of the Constitution The right of the family to be protected by society and the state is established and guaranteed in Cuba. The entire title that Cuba’s Constitution devotes to the family is an expression of the legal guarantees the Cuban state offers the latter. The fundamental trait of family law precepts in Cuba is their progressive nature, a reflection of Cuban society. Article 35 of the Constitution establishes that the state protects the family, motherhood and marriage. In addition to establishing divorce regulations, the Constitution establishes that all children have the same rights, whether they are born in or out of wedlock. Cuba has abolished the practice of characterizing filiation. Unlike other countries, no remarks concerning the marital status of the parents, which would differentiate between births, are registered —neither in birth certificates nor in any other like document. Though a marriage must be formalized at the registry office for legal purposes, Cuban law does not forbid the holding of religious ceremonies which respond to the convictions of the couple. The law is clear with respect to the equality of spouses in their rights and responsibilities. The law protects both spouses by establishing equal rights with respect to the matrimonial estate, effective from the time the marriage is formalized to the time it is dissolved, should this occur. In Cuba, a woman preserves her maiden name after marriage. Neither marriage nor its dissolution, as per the Constitution and legislation, affects the citizenship of the spouses. Cuba understands that legal guarantees do not suffice and that ethical and moral values and principles must be promoted to bring about equality within the family; this has been progressively achieved through policies and programmes aimed at the full emancipation of women. Article 17 of the Universal Declaration of Human Rights: “Everyone has the right to own property alone as well as in association with others. No one shall be arbitrarily deprived of his property”. Provisions establishing and protecting this right in Cuban legislation: Articles 15, 19, 20, 21, 22 and 23 of the Constitution When the revolution came to power in 1959, 8% of landholders owned 70% of the lands, including those which belonged to US transnational companies. The First Agrarian Reform Law of 1959 handed over land ownership to more than 100,000 small lessees, tenant farmers, sharecroppers and squatters who worked it and placed vast expanses of land —which had not been divided into plots and were administered by landowners— into state hands, making them the property of the nation and the people. Large stockbreeding estates and sugar plantations were transformed into people’s farms and cooperatives which are still in existence. With the Agrarian Reform Law of 1963, the state became the owner of 70 % of the country’s agricultural surface. Before 1959, the vast majority of Cubans had nothing except their misery, their illnesses, their hopelessness and their ignorance. The Cuban people do not work to enrich an exploiting minority. The surplus of their labor does not end up in the pockets of millionaires or transnational companies. It belongs to society; it is invested in the reconstruction of schools, production centers, hospitals, roads and public works, as part of a planned economy aimed at raising the standard of living of all Cubans. With the Law of Foreign Investments, new forms of property are now recognized in Cuba and even enshrined in the Constitution. Article 23 of the Constitution establishes that the state recognizes the property of joint venture companies, societies and economic partnerships which have been legally incorporated. These new forms are added to already existing forms, which include cooperative and private property. The Penal Code establishes regulations for crimes against the right to property; these are designed to prevent a government official from ordering the forced expropriation of any property, making such an action punishable with a prison sentence of anywhere from three months to a year, a fine of anywhere from one to three hundred quotas, or both. Article 18 of the Universal Declaration of Human Rights: “Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance”. Provisions establishing and protecting this right in Cuban legislation: Articles 8, 42 and 55 of the Constitution Article 8 of the Constitution establishes that the state recognizes, respects and guarantees freedom of religion (the right to have religious beliefs or change them and worship, or to have no religious beliefs and not worship), validates the separation of religious institutions from the state and confirms that all belief systems merit equal consideration. In 1992, any mention of scientific atheism as the guiding doctrine of the state and its institutions was eliminated from Cuba’s 1976 Constitution when a number of its articles were modified. There was a transition from an atheistic state to a secular one. Full guarantees for religious freedom were consolidated. In 1997, 25 December was celebrated as a public holiday for the first time; it has been a public holiday since 1998. In 1998, the Supreme Pontiff of the Catholic Church, Pope John Paul II was received in Cuba. In 1999, the Cuban Evangelical celebration was held. The main religious activities of both celebrations were held in the open; the people gathered in the main squares of the nation, including Revolution Square, and their activities were broadcast live by radio and television. Religious institutions freely choose their functionaries and assign them to different regions in the country; they organize an important number of religious activities, at local, national and international levels and systematically receive international representatives and religious literature. A significant number of religious institutions publish journals which are officially registered with the Cuban Book Institute. The media provide information on the most important events of these institutions. During religious festivities, the faithful hear messages from Catholic bishops and Protestant pastors over the radio. Over 1,000 temples, chapels, parish and pastoral houses have been repaired during the last 10 years. More than a hundred buildings, to be used as churches and places of worship, and hundreds of vehicles and other facilities destined for religious activities have been allotted, an effort commensurate with the country’s possibilities. Besides the Catholic and various Protestant and Evangelical churches, African religions, spiritualism, Judaism, and the church of the Jehovah’s Witnesses are other religions of importance in the country. Christianity is represented by Catholic and Protestant or Evangelical churches (with dozens of denominations across the country). In Cuba, there are three main religions of African origin: Santería or Regla Ocha, Palo Monte or Regla Conga (both practiced throughout the country) and the Abakuá Society, based in Havana and Matanzas. Some of the practitioners of the Santería faith are affiliated to the Yoruba Cultural Association of Cuba, currently creating managing committees to open provincial branches of this society. Before the revolution came to power, even though they had a wide following, , these religions were outlawed. The revolution recognized them and removed all precepts prescribing punishment for religious beliefs. We may assert that: Not one church has been closed down in the country. The constitutional reforms of 1992 broadened the legal bases for the full protection of religious freedom in Cuba. Article 42 of the Constitution states that discrimination because of race, skin color, gender, religious beliefs, national origin or any condition affecting an individual as a human being is forbidden and punishable by law. Article 55 of the Fundamental Law establishes that the state recognizes, respects and guarantees freedom of thought and religion, the freedom of every citizen to convert to any belief system or belong to none and to practice the faith of his/her choosing (while respecting the law). Similarly, article 294 of the Penal Code establishes a prison sentence of up two years as punishment for crimes against religious freedom, when the perpetrator is a civil servant. The state provides general, free education based on the discoveries and contributions of science. Parents are free to give their children the religious and moral upbringing that agrees with their convictions; this may take the form of religious instruction given at home or in theological seminaries. Article 19 of the Universal Declaration of Human Rights: “Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers”. Provisions establishing and protecting this right in Cuban legislation: • Article 53 of the Constitution The Constitution of the Republic of Cuba tacitly recognizes the right of citizens to freedom of speech and press, adjusted to ends determined by the Cuban people. The social ownership of the press, radio, television, cinema and other media —or their control by social and political grassroots organizations— provides the material bases for the exercise of these rights. These media cannot, under any circumstance, be privately owned, something which guarantees that they are used exclusively to serve the interests of working people and of society in general. Article 291 of the Penal Code establishes sanctions for those who commit a crime against the right to freedom of thought. Whoever in any way encroaches upon another’s freedom of expression or press as guaranteed by the Constitution and law incurs a prison sentence of anywhere from three months to a year, a fine of one to three hundred quotas, or both. If the crime is committed by a civil servant who abuses his/her power, the sanction consists of a prison sentence of anywhere from six months to two years, a fine of two to three hundred quotas, or both. The Cuban people’s unwavering confidence in and genuine commitment to their nation’s leadership, the unequivocal sense it is participating in and being represented by this leadership, are the only things which have sustained the support of the overwhelming majority for a revolution which struggles for their independence and very existence as a heroic people, which has held its ground and continues to make progress in spite of the adversity of the most aggressive and powerful empire that has ever existed. The only limits to freedom of opinion and expression in Cuba are those which the Cuban people’s right to independence, national sovereignty and self-determination impose. It is a well-known fact that international human rights instruments themselves recognize the legitimacy of certain restrictions on the individual’s right to freedom of opinion and expression. Article 19.3 of the International Covenant on Civil and Political Rights states that the right to freedom of opinion and expression carries with it certain duties and responsibilities and, consequently, that may be “subject to certain restrictions, but these shall only be such as are provided by law and are necessary: 1. For respect of the rights or reputations of others; 2. For the protection of national security or of public order or of public health or morals”. The most diverse political, economic, social and cultural topics —relating to the nation and world— are debated in Cuba. Cuba’s broad variety of publications and artistic productions attests to the freedom of creation and discussion which is promoted in the intellectual, cultural and academic spheres. All Cubans have guaranteed access to institutions, mechanisms and media which ensures that their opinions and points of view have an effective impact on the process of formulating, deciding and executing policies and programmes in the most diverse spheres. Spaces for participation include: parliamentary and parliamentary commission debates; report assemblies headed by representatives of the people’s power in different constituencies; the more than two thousand political, grassroots, student, social, professional, religious, cultural and fraternal organizations —to name only a few— that have a decisive say in the nation’s activities; diverse and numerous spaces for academic, cultural and intellectual participation and debate; regular union meetings and worker participation in administration through production and services assemblies; numerous political, administrative and legal mechanisms designed to channel the people’s concerns, complaints and suggestions. Numerous foreign press correspondents —including representatives of the main international cable agencies— are accredited in the country. Films from many different countries, chiefly the United States, are shown in Cuba; music of every kind, produced by artists of every nationality, is disseminated; Cubans have unlimited access to numerous libraries, archives and information centers; the works of authors of all persuasions and of all philosophical standpoints and aesthetic tendencies are published. Radio and television broadcast informational segments from US and Hispanic stations, to mention just a few. Cubans have access to the best universal works. Any restrictions in this connection stem, from the most part, from the US policy of blockade towards Cuba. The Bush administration has deliberately and viciously curtailed academic, cultural and scientific exchanges between Cubans and their US colleagues and so-called “people to people contacts”. What’s more, it has redoubled aggression through radio and electronic means and its campaigns of misinformation against the Cuban revolution, manipulating transnational media companies. The United States broadcasts over 2,200 weekly hours of radio and television programmes loaded with hatred and lies. These radio and television stations call for the overthrow of Cuba’s constitutional order, for terrorist actions and illegal emigration. No one has ever been sanctioned in Cuba for merely expressing opinions or points of view that are different or even contradictory to those of the authorities. Penal law very precisely defines those actions which are punishable by law. Penal law conceives of a political prisoner as a person who is detained or convicted for working for progress and social betterment and for struggling for social justice, freedom, equity, solidarity, democracy, human rights, in brief, for the well-being of people, the community and humanity as a whole. No one has been detained, tried or convicted for any of these actions in Cuba. In today’s world, they would have us believe that the freedom of transnational power centers —which control and own the press— to impose their interests and agendas on us constitutes freedom of the press. The so-called “free flow of information and ideas” conceals the enormous lopsidedness which prevails in the exchange of ideas and political, economic and cultural thought between and within nations. A handful of fat-pocketed individuals in a few Western industrialized nations supply and control the immense majority of ideological messages and schemes that circulate the globe. The same few power groups who call for a supposed free flow of information and ideas in the sphere of ideology —in order to maintain the neo-colonial domination of the world’s peoples through control of the media— are, however, vehemently opposed to the free flow of information, ideas and knowledge in the spheres of production, science and technology. In this field, they have forcibly set up an unfair international system of patents which blocks access to the knowledge and top achievements of South peoples. The fanatically individualistic defense of freedom of opinion and expression cannot be a pretext for tolerating criminal behavior such as racism, xenophobia and the activities of neo-fascist groups. Groups and opinions of this kind are prohibited by Cuban law. Article 20 of the Universal Declaration of Human Rights: “Everyone has the right to freedom of peaceful assembly and association. Provisions establishing and protecting this right in Cuban legislation: • Article 54 of the Constitution A distinctive characteristic of Cuban society is the highly communicative and sociable nature of its members; community ties and a deep-rooted spirit of cooperation which prevails and finds expression in the political, labor, social and family spheres, as well as in a broad range of organizations. Article 54 of Cuba’s Constitution recognizes the rights of labourers, intellectuals, peasants, women, students and other sectors of the working class to gather, demonstrate and associate. Grassroots organizations have every resource at their disposal to carry out their activities and their members enjoy full freedom of expression, based on respect for individual initiative, freedom of opinion and criticism. Article 292 of the Penal Code protects this right, prescribing a prison sentence or fine for anyone who prevents a legally constituted association from functioning or a person from belonging to one, or who prevents a legal gathering or demonstration from taking place or anyone from belonging to or participating in one. Similarly, article 14 of the Labor Code establishes that workers have the right to gather and to freely discuss and express their opinions about all matters that affect them. Article 209 of the Penal Code establishes restrictions on gatherings or demonstrations by illegal organizations. Freedom of association in Cuba is limited in connection with matters surrounding the defense of national security, sovereignty and independence. Like freedom of opinion and expression, freedom of association and peaceful gathering may be legitimately restricted by virtue of international human rights instruments. Articles 21 and 22 of the International Covenant on Civil and Political Rights establish that these freedoms may be restricted in a democratic society —as per the law— in the interests of national security or public safety, public order, the protection of public health or morals or the protection of the rights and freedoms of others. The triumph of the revolution in Cuba on 1 January 1959 brought a democratic system where all who are committed to the values of freedom, independence, social justice, equity and solidarity among Cubans participate actively. The politicos of old, subordinate to and dependent upon Washington, disappeared and one party emerged to unite all Cuban revolutionaries: the Communist Party of Cuba. The Party organizes forums for analysis and seeks to create consensuses through social debate, ensuring that all sectors of the population and all citizens have the right to be attended to and heard. The existence of only one party does not represent an obstacle —nor does it establish limits —to democracy. In Cuba’s case, faced with an undeclared war waged by the United States, the unity of all revolutionary forces becomes a decisive factor for perseverance and victory. The political plurality of a country is not determined by the number of parties it has, but rather by the extent to which the most diverse sectors of society and the overwhelming majority of citizens participate and are represented in the administration of the nation’s most important matters of public interest. Cuba’s own history clearly shows us that formal liberties can not only co-exist with social injustice indefinitely, but also promote and conceal the latter. At no point in Cuba’s pre-revolutionary history was the multi-party system able to achieve democracy and social justice. The more parties Cuba had during its first 56 years of republican life, the more dependant it was on the United States and the more corruption, theft, frustration, unemployment, illiteracy, lack of medical services, inequality, racial discrimination and skepticism was had by the country —consequently, what existed was less political plurality. The consensus of the majority legitimates the one-party system as the political representative of the workers’ and the entire nation’s vital interests. This party not only respects differences of opinion, but also dissent. It only asks for unity of action with respect to those decisions that are made. The Constitution and the law protect the country’s more than two thousand associations. The Law of Associations and its regulations, Law No. 54 of 27 December 1985, establishes that the Cuban state guarantees the right to association as a means of carrying out different activities which contribute to the development of science, culture, sports, creative initiatives, leisure and recreation activities and human friendship and solidarity associations, as well as other kinds of organizations which benefit society. The reasons for refusal of a request to create an association are described by law. This decision, however, can be appealed before the Ministry of Justice and the results of such an appeal can be legally challenged. The right to unionize is fully protected by Cuban law; the Labor Code guarantees this. In Cuba, there are 29 unions grouped under a central union, the Worker’s Federation of Cuba (CTC), whose principles, statutes and regulations are democratically discussed and approved by workers in their assemblies, from the workplace level to the organization’s Congress. The Constitution recognizes the CTC’s right to legislative initiative. Article 21 of the Universal Declaration of Human Rights: “Everyone has the right to take part in the government of his country, directly or through freely chosen representatives. Everyone has the right of equal access to public service in his country.” “The will of the people shall be the basis of the authority of government; this will shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures”. Provisions establishing and protecting this right in Cuban legislation: • Articles 131 to 136 of the Constitution Down to the constitutional order, Cubans have created a society which befits their history, culture, idiosyncrasies and reality, wedding development to equity and transformation to social justice and aimed at achieving harmony between collective and individual interests. A society is being constructed where the citizens produce more on an economic level, participate more in the political sense and show more solidarity in a social context. Periodic electoral processes do not suffice to promote the people’s true participation in democracy. Democracy is not achieved through illusory formal mechanisms that merely endorse a false system of representation, laden, many a time, with illegal practices such as fraud. A more encompassing and unprecedented model of political participation has given the majority of Cubans the opportunity to express themselves as a political majority and has made organic ties between government authorities and the people the basis of democracy in the island. A state divided according to functions —and not into the executive, legislature and judiciary— is the basis of this system. Power is indivisible and belongs to the people; it is exercised through a system that is organized to make citizens active participants in the nation’s political life. All functionaries are subordinate to their electors and all executives to their collegiate organs. Cuba’s experiences during its existence as a republic all but discredited the presidential government as a form of political organization; an assembly system which does away with political parties and gives the people and its social organizations the power to nominate candidates is thus promoted and developed. Direct and universal suffrage characterizes the periodic elections of assembly organ members, who must receive more than 50% of the votes (every two and a half years for municipal organs and every five for provincial organs and the National Parliament), as per the Constitution and the Electoral Law. The characteristics of Cuba’s political system and the ways citizens participate in the nation’s leadership are explained in Chapter 1 of “Cuba and Human Rights (2005)”. A number of conclusions may be drawn from the comparative analysis we have undertaken: I. Criticisms leveled at Cuba with respect to restrictions on the civil and political rights of its citizens stem from the dogmatic and fundamentalist stances of ideologues in the world’s power centers and Western industrialized nations.
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