by Daniela Díaz Salgado and Huseyin Ali Kudret
Title: "Say Nothing"
Artist: Jack deCorazones
Mixed technique
Plot: "The piece, through its expressionist representation, clearly reflects the theme of freedom of expression on the island, as it is censored by the repressive hands, whose color in the artwork alludes to the same hue as the uniforms of government entities, serving as one of the most prominent elements of the painting. Noteworthy are the large eyes of the oppressed; even though her mouth is sewn shut, she can still witness everything that unfolds. To the extent of tearing out her own heart to convey the message her silenced mouth can no longer express. The syntax of the form, color, and formal elements of the artwork allude to the challenging situation of freedom of expression."
There are stories that are not told, stories that don't frequently appear in newspapers, stories that seem like nobody cares about them, stories that are silenced with the weight of an unjustly imposed law.
In the lap of the Caribbean lies Cuba, a paradoxical land of natural beauty and muffled sounds. Unlike the picturesque postcards, this island bears the burden of silenced thoughts; speaking out here may mean limiting oneself with invisible shackles.Beyond the marketed appearance lies a Cuba shrouded in hidden truths, a nation eager to express its hunger for freedom. An uncomfortable silence now echoes through streets once filled with optimism; this is evidence of the repression that covers dissidents. The narrative woven here is not tropical fantasies, but the story of a nation grappling with the harsh reality of lost promises and repressed desires.
In the legal field, these silenced whispers are evidence of the violation of the fundamental right to expression. The narrative, although emotionally charged, reflects a legal dilemma; the struggle between legal silence and a person's inherent right to freedom of expression.
In our exploration of Cuba's stifled voices, we delve deeper into the systematic infringements on freedom of expression. Despite being a founding member of the United Nation (UN) and initially voting in favor of the Universal Declaration of Human Rights (UDHR) in 1948, Cuba's actions at home paint a contrasting picture. Given the limitations on comprehensive reporting within Cuba, our analysis draws from Amnesty reports and the United Nations Universal Periodic Review (UPR) findings. Acknowledging the broad scope of these violations, (As a matter of fact, in the UPR in 2018, a total of 113 recommendations regarding increasing respect for freedom of expression and freedom of peaceful assembly did not receive the support of Cuba.[1]) our focus narrows to shed light on specific aspects—particularly the plight faced by political and human rights activists and journalists through penal codes, as well as the constraints imposed on media freedoms. On the other hand, since the UPR’s 2023 outcome has not been published yet, evaluation will be made based on two of the 3 reports uploaded in the system.[2]This blog aims to illuminate the shadows cast upon these critical arenas of expression within Cuba.
Closed Doors: Cuba's Obstacle to Human Rights Oversight
Before touching on freedom of expression, we would like to emphasize in a small parenthesis that Cuba is currently the only country in the Americas that Amnesty International and most independent human rights observers have not been able to visit. In September 2018, after repeated requests from Amnesty International[3] to enter Cuba, the Cuban ambassador to the UN finally responded: "Amnesty International will not be allowed in Cuba, and we do not require their advice."[4] Despite recommendations from the UPR 2018 review encouraging Cuba to allow review of its human rights status,[5] the State has not allowed international media or human rights organizations to review cases linked to the July 11 protests.[6] This situation was also expressed again by the Report of Summary of Stakeholders' Information (UPR, Stakeholder’s Report).[7] It also casts a shadow on the transparency of reporting human rights violations and is extremely worrying in terms of human rights.
Suppressing Voices: How Cuban Penal Codes Stifle Freedom of Expression:
When examining Cuban violations of the right to freedom of expression, it is crucial to emphasize the fundamental importance of freedom of thought and expression. This right, enshrined in Article 19 of the UDHR, serves as the cornerstone for realizing interrelated human rights and holding governments accountable. International human rights law provides for strict conditions for restricting freedom of expression. However, the Cuban Constitution imposes serious limitations, in particular through Article 62, effectively subordinating this universal right to the socialist ideology of the state:
“None of the freedoms which are recognized for citizens can be exercised contrary to what is established in the Constitution and law, or contrary to the existence and objectives of the socialist state, or contrary to the decision of the Cuban people to build socialism and communism. Violations of this principle can be punished by law.”[8]
Although Germany suggested that this provision imposes serious restrictions on the right to freedom of expression,[9] Cuba insisted on not complying with this recommendation in the previous UPR.[10]
Apart from this provision in the constitution, freedom of expression is also restricted by various criminal norms in Cuba. Many provisions in Cuba's Criminal Code allow for vague and broad sanctions based on "antisocial" behavior and punish those associated with individuals deemed as a threat to the order of the state. Courts may impose safety measures, such as therapy or surveillance, on people labeled as “dangerous.” This can lead to a prison sentence of 1 to 4 years and often results in actual imprisonment.[11] Cuba's new Criminal Code, in force since December 1, 2022, is alarming because of its restrictions on freedom of expression and assembly. It maintains provisions used to silence dissent, with increased penalties. It criminalizes “endangering the operation of government”, restricts funding to activists, limits online expression, and maintains the death penalty for a variety of crimes. Amnesty International strongly criticizes these measures and warns that they could further suppress dissent and lead to rights violations.[12] Constraints on human rights, even through criminal law, ought to have a lawful rationale. Any limitation on human rights must not only serve a legitimate aim but also strictly adhere to the principles of necessity and proportionality to be lawful.[13]
In the Stakeholder’s Report in 2023, concerns about the Cuban Criminal Code restricting freedom of expression were also emphasized. Suggestions included harmonizing criminal codes with international standards, ensuring full compliance with freedom of expression, and repealing regulations restricting freedom of association and assembly. In the recommendations, it was emphasized that discrimination based on political or other views should be prohibited in domestic legislation and that independent non-governmental organizations should be allowed to be registered while protecting their rights in line with international standards.[14] However, although similar recommendations were made in 2018, Cuba's implementation of this Law in 2022 is alarming and is worrying in terms of international human rights law.
In Cuba, criminal laws remain insurmountable obstacles that erode the foundation of freedom of expression of activists, politicians, and journalists, suppressing their voices and limiting their ability to advocate for change.
The Suppression of Freedom of Expression in Cuba's Employment Arena
Restrictions on freedom of expression are not only limited to criminal norms, they are even used in employment. Amnesty International has revealed how the Cuban government, as a major employer, uses its power to suppress dissent, even targeting trade unionists with subtle criticism. Individuals who express mild disapproval or political activism face unfair dismissal or harassment, often through the influence of State security or Communist Party officials. Fear of retaliation prevents challenging these actions. People have told Amnesty International that having a criminal record hindered job opportunities in the public sector, often due to freedom of expression. Evidence shows that authorities use employment control to censor criticism, whether implicitly or explicitly political.[15]
According to the Stakeholder’s Report 2023, numerous concerns were expressed about the limited freedom of association and strike in the Cuban Labor Code, allowing only state-controlled unions, and providing minimal protection for non-state sector workers. The reports noted that systematic attacks against independent unionists have worsened since July 2021, and called on Cuba to establish a legal framework that respects independent union functioning and to avoid harassment or discrimination. Recommendations include ensuring workers' rights to strike and collective bargaining, complying with ILO recommendations No.87. It also included the implementation of ILO Conventions No. 98 and 135. On the other hand, it is recommended to improve labor legislation to meet international standards and promote appropriate conditions for the activities of unions to protect workers' rights.[16] As a matter of fact, these suggestions are of vital importance in terms of freedom of expression, the Cuban government must take steps on this issue.
Media Monopoly: Cuba's Tight Grip on Freedom of Expression
Media plays a crucial role in exercising the right to freedom of expression. Its critical function in society involves raising awareness about human rights and exposing any violations. In fact, freedom of expression also includes the rights to disseminate expression and access information. In this respect, both the public and media owners can benefit from this right.
In Cuba, the State monopolizes all media, including TV, radio and the Internet, which are strictly regulated by laws linking freedom of expression to the goals of socialist society (Article 53 of the Constitution). Restrictions on private media ownership limit individual expression rights. Independent news agencies face obstacles to obtaining permits and legal status due to regulations that only allow registration with Communist Party-affiliated organizations, inhibit diversity of opinion, and encourage routine pre-censorship.[17]
During the UPR 2018, Cuba supported expanding internet access[18] but rejected removing restrictions, press freedom, and ending journalist harassment[19].[20] According to Stakeholder’s Report 2023, concerns persisted over Decree-Law 370's ambiguous provisions limiting independent information access. Recommendations urged alignment with global freedom of expression norms.[21] Frequent disruptions during sensitive moments and protests violated international human rights laws. The Open Observatory of Network Interference noted technological advancements since 2019, impacting media site access.[22] The Inter-American Commission on Human Rights (IACHR) cautioned against new regulations threatening internet-based freedoms, emphasizing compliance with international standards for full freedom of expression.[23]
We would like to emphasize that all restrictions on the media must be removed and this main obstacle to freedom of expression must be removed.
Journalists Under Siege: The Suppression of Freedom of Expression in Cuba
First of all, it should be underlined that journalists in Cuba are required to join the Cuban Union of Journalists (UPEC) for state media work, but UPEC's ties to the Communist Party restrict freedom of expression and association. Mandatory UPEC membership, especially for public employees, controls communication, favors official policies, and excludes independent voices. Independent press agencies aim to provide alternative Cuban information but face restrictions due to limited internet access and legal barriers. Members are subject to harassment, intimidation and detention. Cuban officials view independent journalists as supporting hostile US policies because of the US embargo and defend the restrictions as a countermeasure. This perspective aligns with national legislation and purported international human rights instruments, according to the Ministry of Foreign Affairs in a 2007 White Paper.[24]
On the other hand, Cuba's journalist situation also faces significant challenges regarding freedom of expression and surveillance. In addition to rejecting recommendations to remove internet restrictions and enhance press freedom, a new Penal Code implemented in December 2022 further risks limiting expression rights for independent journalists. According to Amnesty International, reports detail extensive surveillance on journalists, activists, and independent thinkers, notably in December 2020, revealing marked police presence and continuous monitoring outside their homes, severely impacting their ability to work freely and compromising their privacy and movement rights. These incidents underscore ongoing obstacles faced by journalists, marked by surveillance and restrictions impeding their freedom of expression and work.[25]
According to the Stakeholder’s Report 2023, concerns expressed by the IACHR Office of the Special Rapporteur on Freedom of Expression and various organizations were particularly directed at the increasing harassment, criminal prosecution and deprivation of liberty faced by journalists for criticizing public officials. The presentations also highlighted concerns about impunity in cases of violence against female journalists and activists. The recommendations emphasized ending surveillance, arbitrary detentions, house arrests, and ensuring the unconditional release of those imprisoned solely for exercising their right to freedom of expression. The allegations emphasized the necessity of protecting journalists' freedoms of expression and association and allowing them to operate peacefully without fear of retaliation.[26]
We would like to emphasize once again that these pressures on journalists are not only about their freedom of expression and work rights, but also violate the right of us as a society and the Cuban society to receive information.
Increasing crackdown on Freedom of Expression:
Cuba has recently intensified its crackdown on freedom of expression, implementing measures such as Decree 349 censoring artists and seeing mass protests in 2021. The government response included arbitrary arrests, surveillance and internet blackouts, highlighting the ongoing crackdown on freedom of expression.[27]
The Compilation of information prepared by the Office of the United Nations High Commissioner for Human Rights 2023 (OHCHR Report 2023) highlighted concerns about freedom of expression in Cuba. UNESCO urged aligning access to information laws with international standards and reviewing media laws for conformity. Recommendations called for decriminalizing defamation and ensuring broader participation in social communications law consultations. Multiple bodies raised concerns about harassment, attacks, and arrests of journalists and artists, urging Cuba to prevent arbitrary detention and establish protections for human rights defenders and journalists.[28]
Finally, we would like to emphasize that Cuba has still not ratified many international human rights conventions, especially the International Convention on Civil and Political Rights (ICCPR), which are important especially in terms of freedom of expression.[29] These agreements, which are the cornerstone of state accountability, need to be ratified and implemented urgently. As a matter of fact, calls on this issue are constantly voiced both by many states in the UPR and by independent human rights organizations.[30]
A Call for Awareness:
In this short blog article, we tried to briefly touch upon the situations that pose a threat to freedom of expression. However, addressing all the human rights violations in Cuba, even in terms of freedom of expression, could be the subject of a separate article. If you want to read in depth about this topic, Amnesty's sources cited in this study contain extensive information on this subject. However, in this blog article, we call on you, the readers of this article, to raise awareness about these unknown and unheard violations of rights in Cuba, in addition to the suggestions of Amnesty, other international organizations and the states that made recommendations in the UPR. And we reiterate that Article 1 of the UDHR, which was adopted exactly 76 years ago, should be kept in mind :
‘All human beings are born free and equal in dignity and rights.’
Sources:
[1] Working Group on the Universal Periodic Review, Report: Cuba, Addendum, 18 September 2018, UN Doc. A/HRC/39/16/ADD.1 https://documents-dds-ny.un.org/doc/UNDOC/GEN/G18/278/05/PDF/G1827805.pdf?OpenElement ; Amnesty International: Submission To The 44th Session Of The Upr Working Group, 5 November 2023, para.4, https://www.amnesty.org/en/documents/amr25/6592/2023/en/ .
[3] Amnesty International has repeatedly sent an open letter to the Cuban administration about monitoring the country and especially the trials of human rights activists. See two examples from this report: https://www.amnesty.org/fr/wp-content/uploads/2021/05/AMR2514512019ENGLISH.pdf ; https://www.amnesty.org/en/documents/amr25/6779/2023/en/
[4]https://www.amnesty.org/en/latest/news/2019/08/we-are-continuity-what-the-presidents-hashtag-tells-us-about-human-rights-in-cuba-today/ .
[5] Working Group on the Universal Periodic Review, Report: Cuba, 18 September 2018, UN Doc. A/HRC/39/16/ADD.1 recommendations 24.37 (Finland), 24.38 (Norway), (Spain), 24.39 (Sweden), 24.40 (Switzerland) - for the document see. https://www.upr-info.org/sites/default/files/documents/2018-05/a_hrc_wg.6_30_l.14.pdf .
[6] https://www.amnesty.org/en/latest/news/2022/03/cuba-amnesty-calls-for-access-trials-protesters/ .
[7] Working Group on the Universal Periodic Review, Report of Summary of stakeholders' information, Cuba, 1 September 2023, (Stakeholder’s report) UN Doc. A/HRC/WG.6/44/CUB/3, para.33. See. https://documents-dds-ny.un.org/doc/UNDOC/GEN/G23/178/60/PDF/G2317860.pdf?OpenElement .
[8] https://faolex.fao.org/docs/pdf/cub127553E.pdf see also the Report on this issue by Amnesty https://www.amnesty.org/en/documents/amr25/7299/2017/en/ .
[9] UPR, 2018 24.172 (Germany) See the document: https://www.upr-info.org/sites/default/files/documents/2018-05/a_hrc_wg.6_30_l.14.pdf .
[10] UPR, 2018, addendum, UN Doc. A/HRC/39/16/Add.1 para.8. See. https://documents-dds-ny.un.org/doc/UNDOC/GEN/G18/278/05/PDF/G1827805.pdf?OpenElement .
[11] See for details and provisions on this issue: https://www.amnesty.org/en/documents/amr25/005/2010/en/ and https://www.amnesty.org/en/documents/amr25/7299/2017/en/ .
[12] Under Article 120.1 of Cuba's Penal Code, individuals endangering the state's functioning face 4 to 10 years' imprisonment. Article 143 prohibits funds for activities against the state, punishable with 4 to 10 years' imprisonment. Additionally, the code retains the death penalty for certain crimes. https://www.amnesty.org/en/latest/news/2022/12/cuba-el-nuevo-codigo-penal-presenta-un-panorama-aterrador-para-2023-y-anos-posteriores/ . Also see. Amnesty International: Submission To The 44th Session Of The Upr Working Group, 5 November 2023, para. 14; https://www.amnesty.org/en/documents/amr25/6592/2023/en/ .
[14] See. Stakeholder’s report 2023, para. 19, 40; https://documents-dds-ny.un.org/doc/UNDOC/GEN/G23/178/60/PDF/G2317860.pdf?OpenElement .
[16] See. Stakeholder’s report 2023, paras 55-59; https://documents-dds-ny.un.org/doc/UNDOC/GEN/G23/178/60/PDF/G2317860.pdf?OpenElement .
[17] For detailed information See. https://www.amnesty.org/en/wp-content/uploads/2021/06/amr250052010en.pdf .
[18] See. UPR, Addendum, 2018, recommendations 24.157 (Bolivarian Republic of Venezuela), 24.166 (Plurinational State of Bolivia) https://documents-dds-ny.un.org/doc/UNDOC/GEN/G18/278/05/PDF/G1827805.pdf?OpenElement ; for the report See. https://www.upr-info.org/sites/default/files/documents/2018-05/a_hrc_wg.6_30_l.14.pdf .
[19] See. UPR, Addendum, 2018, recommendations 24.159 (Australia) https://documents-dds-ny.un.org/doc/UNDOC/GEN/G18/278/05/PDF/G1827805.pdf?OpenElement ; for the report See. https://www.upr-info.org/sites/default/files/documents/2018-05/a_hrc_wg.6_30_l.14.pdf .
[21] Stakeholder’s Report 2023, para. 44, https://documents-dds-ny.un.org/doc/UNDOC/GEN/G23/178/60/PDF/G2317860.pdf?OpenElement .
[22] https://www.amnesty.org/en/documents/amr25/6592/2023/en/ , paras. 27-30.
[23] Stakeholder’s Report 2023, para. 46, https://documents-dds-ny.un.org/doc/UNDOC/GEN/G23/178/60/PDF/G2317860.pdf?OpenElement .
[25] https://www.amnesty.org/en/documents/amr25/6592/2023/en/ , paras.6,12,14,20,21. See also https://www.amnesty.org/en/latest/press-release/2020/12/cuba-san-isidro-movement-allies-under-frightening-levels-surveillance/ ; https://www.amnesty.org/en/latest/news/2022/12/cuba-el-nuevo-codigo-penal-presenta-un-panorama-aterrador-para-2023-y-anos-posteriores/ .
[26] Stakeholder’s Report 2023, paras. 37-39, https://documents-dds-ny.un.org/doc/UNDOC/GEN/G23/178/60/PDF/G2317860.pdf?OpenElement
[27] For detailed information, See. https://www.amnesty.org/en/latest/news/2018/08/cuba-new-administrations-decree-349-is-a-dystopian-prospect-for-cubas-artists/ ; https://www.amnesty.org/en/latest/press-release/2020/11/cuba-harassment-exemplifies-ongoing-assault-freedom-expression/ ; https://www.amnesty.nl/content/uploads/2022/03/202122-english-a_2022-03-21-Z23.pdf?x21897 .
[28] Human Rights Council, Compilation of information prepared by the Office of the United Nations High Commissioner for Human Rights 2023, 4 September 2023, UN Doc. A/HRC/WG.6/44/CUB/2 (OHCHR Report 2023), para.31-33; https://documents-dds-ny.un.org/doc/UNDOC/GEN/G23/167/05/PDF/G2316705.pdf?OpenElement .
[29] See. Article 19 : https://www.ohchr.org/en/instruments-mechanisms/instruments/international-covenant-civil-and-political-rights .
[30] https://www.amnesty.org/en/documents/amr25/6592/2023/en/ , para.33; OHCHR Report 2023), para.2; https://documents-dds-ny.un.org/doc/UNDOC/GEN/G23/167/05/PDF/G2316705.pdf?OpenElement ; Stakeholder’s Report 2023, para.3, https://documents-dds-ny.un.org/doc/UNDOC/GEN/G23/178/60/PDF/G2317860.pdf?OpenElement .