Wayzata World Factbook 1996/The World Factbook - 1996 Edition - Wayzata Technology (3079) (1996).iso/pc/text/humanrts/cuba.txu

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TITLE:  CUBA HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995




     c.  Freedom of Religion

In recent years, the Government has eased somewhat the harsher
aspects of its repression of religious freedom.  In 1991 it
allowed religious adherents to join the Communist Party.  In
July 1992, it amended the Constitution to prohibit religious
discrimination and removed references to "scientific
materialism," i.e., atheism, as the basis for the Cuban State.
While the Protestant Ecumenical Council praised such actions,
the Catholic Church replied with concern over the gap between
the Government's rhetoric and actions.  In late 1993, the
Government harshly criticized the Catholic bishops' pastoral
letter calling for national reconciliation and dialog.

Despite legal changes, religious persecution continues.  The
State prohibits members of the armed forces from allowing
anyone in their household to observe religious practices.  It
exempts elderly relatives only if their religious beliefs do
not influence other family members and are not "damaging to the
revolution."

The Government continued to use the Penal Code to persecute
Jehovah's Witnesses and, to a lesser extent, Seventh-Day
Adventists.  The CDR's monitor and often harass Jehovah's
Witnesses and Adventists because the Government considers them
to be "active religious enemies of the revolution" for their
refusal to accept obligatory military service or participate in
state organizations.  The CDR's also maintain surveillance over
spiritualists (santeros) who give "consultations."

The Government also harasses other churches.  State security
agents arrested Eliecer Veguilla, executive member of the
Western Convention of Baptists, and Miguel Angel Leon, a
Baptist minister in Cienfuegos province, in late January for
counterrevolutionary activities and enemy propaganda,
respectively.  Officials told Veguilla's family that he was
under investigation because he had associated with Western
diplomats.  They released Veguilla after 2 months; but
continued to hold Leon.

The Government requires churches and other religious groups to
register with the provincial registry of associations of the
City of Havana and to obtain official recognition.  The
Government prohibits construction of new churches, forcing many
congregations to violate the law and meet in people's homes.
Official recognition of all religious holidays ended in 1961.
At that time, the Government prohibited nearly all religious
processions outside church grounds and denied churches access
to mass media.  Despite obstacles raised by the Government,
church attendance has grown in recent years.

     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation

The Government does not impose legal restrictions on domestic
travel, except for persons found to be HIV-positive, whom it
initially restricts to sanitoriums for treatment and therapy
before conditionally releasing them to the community.

The Government allows the majority of persons who qualify for
immigrant visas or refugee status to leave the country.
However, the authorities delay or deny exit permits in certain
cases, usually without explanation.  Many of the denials
involve professionals who have tried to emigrate and whom the
Government subsequently banned from working in their
occupational field.  The Government refuses permission to
others because it considers their cases sensitive for political
or state security reasons.  The Government also routinely
denies exit permits to young men approaching the age for
military service, even when it has authorized the rest of the
family to leave.

Author Norberto Fuentes, denied an exit permit to attend a
conference on Ernest Hemingway sponsored by the PEN American
Center, undertook a much-publicized 22-day hunger strike before
the Government allowed him to leave in September.  The
Government allowed dissident poet Maria Elena Cruz Varela to
travel to the United States in May to receive an award from an
international organization, but it refused prominent human
rights advocate Elizardo Sanchez an exit visa in March to
attend a conference in Spain because he criticized the
Government's human rights record during a previous trip abroad.

Until August, unauthorized departures by boat or raft were
punishable by fines and prison terms of from 6 months to
3 years.  On April 29, the Border Guard rammed and sank the
"Olympia," a private vessel which had fled Cuba and was about
25 nautical miles north of the coast of Camaguey.  Three of the
21 people on board drowned, including two 6-year-old children.
The Border Guard detained 10 adult male passengers for
4 months, using blackmail and threats in an unsuccessful effort
to obtain declarations that the sinking had been accidental.
At year's end, the 10 men still faced fines and possible prison
terms.  The Government awarded medals and bicycles to the
members of the Border Guard responsible for the sinking.

In a second such incident, on July 13, government vessels fired
high-pressure water hoses at the tugboat Trece de Marzo in an
attempt to prevent those aboard from fleeing Cuba.  They then
rammed and sank the boat.  An official government statement
admitted that there was a "collision" when the pursuing vessels
maneuvered to intercept the Trece de Marzo, causing it to
sink.  The Border Guard rescued 31 people, but approximately
40 others, including children, drowned.  The Government ignored
the Archbishop of Havana's call for a full investigation.

The Government temporarily suspended its policy regarding
unauthorized departures in August and allowed about 30,000
Cubans to depart in privately owned boats and home-made rafts.
The Government resumed its prohibition following the conclusion
on September 9 of the U.S.-Cuba migration agreement, in which
it agreed to use "mainly persuasive methods" to prevent unsafe
departures.  Criminal penalties for such departures were not
reimposed.  There have been no reports that the Government used
inhumane methods or physical force to stop the unsafe exodus by
boat and raft.  Under the terms of the accord, the Government
agreed to accept voluntary returnees through normal diplomatic
and consular channels.  By year's end, 422 Cubans had returned
voluntarily, but the Government had not agreed to a reliable
mechanism that ensured swift return of all those who wished to
return to Cuba.

In August the Government eased restrictions on visits by, and
repatriation of, Cuban emigrants.  Cubans who establish
residency abroad, and who are in possession of government-
issued "permits to reside abroad," may travel to Cuba without
visas.  Cuban emigrants now are able to return to live in Cuba,
provided they did not engage in what the Government considers
to be antigovernment activities while abroad.  The Government
further reduced the age of people eligible to travel abroad
from 20 to 18 and extended the period for temporary stay abroad
from 6 to 11 months.

Section 3  Respect for Political Rights: The Right of Citizens
           to Change Their Government

Citizens have no legal right to change their government or to
advocate change.  The Constitution proscribes any political
organization other than the Communist Party.  A small group of
leaders select members of its highest governing bodies--the
Politburo and the Central Committee.

The authorities tightly control all elections.  In the 1993
elections for the National Assembly, a candidacy commission
composed of representatives of party-controlled mass
organizations screened every candidate.  The authorities
allowed only one candidate per seat.  These procedures ensured
that only government supporters would be on the ballot.  Voters
had only two options, either vote "yes" or leave the ballot
blank.  The Government forbids the formation of political
parties, campaigning, and making campaign promises.

The Government has ignored calls for democratic reform and
labeled activists who proposed them "worms" and traitors.  It
rejects any change judged incompatible with the revolution, as
well as proposals by Cubans who seek nonviolent political
change.  The Government has systematically retaliated against
those who have peacefully sought political change.

Government leadership positions continue to be dominated by
men.  Although blacks and mulattoes make up over half the
population, they hold only 2 seats in the 26-member Politburo.
There are very few women or minorities in policymaking
positions.  There are three women on the Politburo; the
country's first female provincial party secretary was not
chosen until 1993.

Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights

The Government does not recognize any domestic or international
human rights group, nor permit them to function legally.  As
noted above, the Government subjects domestic human rights
advocates to intense intimidation and repression.  In violation
of its own statutes, the Government refuses to consider
applications for legal recognition submitted by human rights
groups.  The main domestic human rights monitoring groups are
the Cuban Committee for Human Rights, the National Council for
Civil Rights, the Human Rights Party of Cuba, and the Cuban
Commission for Human Rights and National Reconciliation.  There
are also various umbrella organizations that include a number
of smaller human rights groups.

The Government has steadfastly rejected international human
rights monitoring.  In 1991 Cuba's U.N. representative stated
that Cuba would not recognize the UNHRC mandate on Cuba and
would not cooperate with the Special Rapporteur, despite being
a UNHRC member.  The Government's position remains unchanged.
It consistently refused requests by the Special Rapporteur to
visit Cuba.  However, the Government did allow a brief visit by
the U.N. High Commissioner for Human Rights from November 15 to
19.  He met with a range of government officials, including
President Castro, as well as 18 human rights activists.  He
characterized his visit as the beginning of a dialog on human
rights and distinguished it from the investigatory
responsibilities of the Special Rapporteur.  The High
Commissioner reiterated his request that the Cuban Government
permit the Special Rapporteur to visit Cuba in compliance with
his U.N. mandate.

Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status

Cuba is a multiracial society with a black and mixed race
majority.  The Constitution forbids discrimination based on
race, sex, or national origin, although evidence suggests that
racial and sexual discrimination often occur.

     Women

The Family Code states that women and men have equal rights and
responsibilities regarding marriage, divorce, raising children,
maintaining the home, and pursuing a career.  The maternity law
provides 18 weeks of maternity leave and grants working women
preferential access to goods and services.  About 40 percent of
all women work.  They are well represented in the professions,
although few are in policy positions in the Government or Party.

Information from various sources indicates that domestic
violence and sexual assaults occur, but violent crime is rarely
reported in the press.  There is no publicly available data
regarding the incidence of domestic violence.  The law
establishes strict penalties for rape, and the Government
appears to enforce the law.  Prostitution has increased greatly
in the last few years; press reports indicate that tourists
from various countries visit Cuba specifically to patronize
inexpensive prostitutes.

     Children

The Constitution states that the Government will protect
"family, maternity, and matrimony."  It also states that
children, legitimate or not, have the same rights under the law
and notes the duties of parents to protect them.  Education is
free and is grounded in Marxist ideology.  State organizations
and schools are charged with the "integral formation of
childhood and youth."

     National/Racial/Ethnic Minorities

Many blacks have benefited from the social changes of the
revolution.  Nevertheless, there have been numerous instances
of police harassment of blacks, including black foreigners and
diplomats who were mistaken for being Cuban.  Many black
dissidents also report that the authorities single them out for
harassment.

     People with Disabilities

The law prohibits discrimination based on disability, and there
have been few complaints of such discrimination.  There are no
laws which mandate accessibility to buildings for people with
disabilities.

Section 6  Worker Rights

     a.  The Right of Association

The Constitution gives priority to state or collective needs
over individual choices regarding free association or provision
of employment.  The "demands of the economy and society" take
precedence over individual workers' preferences.  The law
prohibits strikes; none are known to have occurred.
Established labor organizations do not function as trade unions
and do not promote or protect worker rights, including the
right to strike.  They are under the control of the State and
the Party.  The Party selects the leaders of the sole legal
confederation, the Confederation of Cuban Workers.  Its
principal responsibility is to ensure that government
production goals are met.

Despite disclaimers in international forums, the Government
explicitly prohibits independent unions.  There has been no
change since the 1992 International Labor Organization (ILO)
finding that independent unions "do not appear to exist" and
its ruling that Cuba violated ILO norms on freedom of
association and the right to organize.

Those who attempt to engage in union activities face government
persecution.  Government agents repeatedly harassed Lazaro Corp
Yeras, president of the National Commission of Independent
Trade Unions, during the year.  On the night of May 1, for
example, Corp was injured while riding his bicycle when the
driver of a car forced him off the road.  The driver then
yelled profanities and insulted Corp for being a union activist.

     b.  The Right to Organize and Bargain Collectively

Collective bargaining does not exist.  The State Committee for
Work and Social Security sets wages and salaries for the state
sector.  Since all trade unions are government entities,
antiunion discrimination by definition does not exist.  There
are no independent unions.

The Government in 1993 removed some of the restrictions on
self-employment imposed in 1968 and allowed people to apply for
licenses to work in over 125 different occupations, ranging
from hairdresser to muleteer.  However, university graduates,
employees in sectors determined to be government priorities, or
any state employee whose work is ruled necessary are excluded
from qualifying.  Also excluded are those who do not show
proper labor discipline, a category which includes dissidents,
among others.  Furthermore, the State may revoke permission to
work outside the state sector if it decides the worker's
services are again needed.

In May, in a putative effort to crack down on black marketeers,
the Government approved Decree Law 149 on the "confiscation of
goods and income obtained by means of improper enrichment," and
it announced that it would revoke the licenses of many artisans
for employing others, an illegal act under the law, or would
arrest them for using materials of "dubious origin."  The
decree was to be applied retroactively.  Cuban radio reported
in October that the authorities had confiscated 8,485,706 pesos
(equivalent to $85,000 at prevailing unofficial exchange rates)
and a considerable number of vehicles, houses, livestock, and
work implements under this decree.

There are no known export processing zones in Cuba.

     c.  Prohibition of Forced or Compulsory Labor

Neither the Constitution nor the Labor Code prohibit forced
labor.  The Government maintains correctional centers where
people are sent for crimes such as dangerousness.  They are
forced to work on farms or building sites, usually with no pay
and inadequate food.  The authorities often imprison internees
who do not cooperate.  The Government employs special groups of
workers, known as "microbrigades," on loan from other jobs, on
special building projects.  They have increased importance in
the Government's efforts to complete tourist and other priority
projects.  Workers who refuse to volunteer for these jobs often
risk discrimination or job loss.  Microbrigade workers,
however, reportedly receive priority consideration for
apartments.  The military channels some conscripts to the Youth
Labor Army, where they serve their 2-year military service
requirement working on farms which supply both the armed forces
and the civilian population.

The ILO's Committee of Experts criticized Cuba for violating
ILO Convention 29 on Forced Labor, based on information
provided by the International Confederation of Free Trade
Unions.  In response, the Cuban state labor committee in 1993
eliminated "merits and demerits" from workers' labor records.

     d.  Minimum Age for Employment of Children

The legal minimum working age is 17 years.  The Labor Code
permits employment of 15- and 16-year-olds to obtain training
or fill labor shortages.  All students over age 11 are expected
to devote 30 to 45 days of their summer vacation to farm work,
laboring up to 8 hours per day.  The Ministry of Agriculture
uses "voluntary labor" by Student Work Brigades extensively in
the farming sector.

     e.  Acceptable Conditions of Work

The minimum wage varies by occupation and is set by the Bureau
of Labor and Social Security.  The minimum monthly wage for a
maid, for example, is 165 pesos ($165 at the meaningless
official exchange rate); for a bilingual office clerk
190 pesos; and for a gardener 215 pesos.  The Government
supplements the minimum wage with free medical care, education,
and subsidized housing and food.  Even with these subsidies,
however, a worker must earn far more than the average monthly
wage to support a family.  The Government rations most basic
necessities such as food, medicine, clothing, and cooking gas,
which are in very short supply, if available at all.

The standard workweek is 44 hours, with shorter workdays in
hazardous occupations such as mining.  To save energy, the
Government reduced workdays to 5 hours in many institutions.
Workplace environmental and safety controls are usually
inadequate, and the Government lacks effective enforcement
mechanisms.  Industrial accidents apparently are frequent, but
the Government suppresses reports of these.