OCTOBER 6, 2017
A Submission to the United Nations Human Rights Council’s
Universal Periodic Review
Introduction
Cuba holds an admirable place in
the international community regarding the protection and promotion of the
rights of its citizens. In Cuba everyone is guaranteed an education and access
to universal and free healthcare. In Cuba no one is “disappeared” or the victim
of extra-judicial execution. In Cuba there are no homeless roaming the
streets, no one left to fend for themself, eking out an existence in a
dog-eat-dog society. Cuba is not a haven for the economic violence that reigns
in so many countries. This submission will briefly summarize Cuba’s domestic
achievements, as well, as the island’s considerable contribution to the
well-being of the world’s nations and peoples.
Cuba & Human Rights: The Social Sphere
Cuba admirably
fulfills its responsibilities under the International
Covenant on Economic, Social and Cultural Rights. The
annual United Nations Human Development
Report (HDR) attests to the success in this regard of the Cuban
Revolution. These annual reports are recognized as the most comprehensive and
extensive determination of the well being of the world’s peoples. Since
its inception, the HDR has repeatedly confirmed the advances and progress of
the Cuban Revolution. Cuba is firmly placed in the High Human Development category. Moreover, Cuba
ranks 1st in terms of the relationship between economic means and capacity for
human development. In other words, Cuba’s ranking in the Human Development
Report outstrips its per capita world ranking. Thus, in the effective use of
resources for human benefit, Cuba out-performs the much richer countries of the
so-called "developed world". In short, Cuba is a country that effectively uses
its very modest resources for the benefit of its citizens.
It bears noting that for any
country to try to cope with and overcome the current worldwide economic crisis
in a manner that favours its people, not the global monopolies, is no small
feat. This is all the more true for a country such as Cuba that is subjected to
a brutal all-sided economic war from the United States. One cannot forget that
Cuba’s impressive achievements in human development have occurred in the face
of all-sided aggression by Washington, which has never accepted the January 1,
1959 verdict of the Cuban people. Washington’s objective is the negation
and extinguishing of Cuba’s right to self-determination and independence. The
U.S. economic blockade is the principal obstacle to Cuba’s social and economic
development, having cost the island nation in excess of $1 trillion U.S,
constituting it is a flagrant violation of the human rights of the people of
Cuba.
Cuba and Human Rights: The Political System
Cuba is almost
invariably portrayed as a serious violator of the International Covenant on Civil and Political Rights; a
totalitarian regime, a veritable “gulag” guided and controlled by the Castro
brothers: first, Fidel and, now, Raúl. However, this position cannot be
sustained once the reality of Cuba is assessed on its own merits. Extensive
democratic popular participation in decision-making is at the centre of the
Cuban model of governance. The official organs of government in Cuba are the
municipal, provincial and national assemblies of the Poder Popular (People’s Power)
structures. The National Assembly is the
sole body with legislative authority, with delegates – as in the provincial and
municipal assemblies – directly elected by the Cuban electorate. The National Assembly chooses from amongst its
members the Council of State, which is accountable to the National Assembly and carries out its duties
and responsibilities, such as the passage and implementation of decrees, when
the National Assembly is not in session.
Cubans are not preoccupied with a
mere mechanical implementation of a rigid, unchanging model. Contrary to
dominant misconceptions, the Cuban political system is not a static entity.
Cubans are involved in an intense learning process whose hallmark has been
experimentation and willingness to correct mistakes and missteps by periodic
renovation of their democratic project. Thus, the system responds to popular
demands for adjustment.
In 1992, the
Constitution and electoral laws were modified to require the direct popular
election of all members of the national and provincial assemblies. Previously,
only the municipal assemblies were directly elected, with the make-up of the
provincial assemblies determined by a vote of municipal delegates and, in turn,
the National Assembly composition
established by provincial representatives. Also, the creation of the popular
councils was directly aimed at increasing the power of local government and
reducing the impact of bureaucracy.
Second, the
function of the Communist Party of Cuba (PCC) is
significantly circumscribed, as it does not operate as an electoral party.
Cuban law proscribes the PCC from playing any role in the nomination of
candidates. At the municipal level, the nominations occur at street meetings,
where it is the constituents who directly participate in and control the
selection. Each municipality is divided into several circumscriptions, or
districts, comprised of a few hundred people. Each circumscription nominates
candidates and elects a delegate who serves in the local municipal assembly.
There is a high degree of popular participation in the selection of candidates,
marked by active and uncorked citizen interaction and involvement.
The elections at the municipal
level are competitive and the casting of ballots is secret. The organization of
the elections and counting of the ballots are transparent and free of
fraud. Even Hildebrando Chaviano, a government opponent who ran and lost
in 2015, admitted the validity of the elections, stating, “The vote was
clean. The count was clean. The people don’t want change. They still want the
revolution.” By law, there must be at least two candidates and a maximum
of eight. In the 2015 elections, 27,379 candidates competed for 12,589
municipal assembly posts, the first rung on Cuba’s political ladder.
At the
provincial and national levels, candidacy commissions select and sift through
thousands of people. The commissions are comprised of representatives from the
various mass and grassroots organizations and are presided over by workers’
representatives chosen by the unions. The PCC is prohibited from participation
in the work of the commissions. Therefore, it is the norm for ordinary working
people to be both nominated and elected. The commissions’ recommendations are
then presented to the municipal assemblies for final approval. By law, up to 50
percent of National Assembly deputies can be municipal assembly delegates. The
other members of the National Assembly are persons
from every sphere of Cuban society: the arts, sports, science, religion etc.
The selection
process ensures a broad representation of society.In the 2013 national election
of the 612 representatives in Cuba’s National
Assembly of the People’s Power, a record number are 299 women
(48.9%), up from 43.2, 37.09 percent are black and 82.68 are university
graduates. The average age is 48.
Each member of
the National Assembly, including
President Raúl Castro, is directly elected and must receive more than 50
percent of the vote in her or his constituency. In Cuban municipal, provincial
and national elections, the turnout is very high, usually in the ninetieth
percentile. The vote, as in municipal elections, is by secret ballot. Also,
although a single national delegate list is put to the electorate, not all
candidates receive the same number of votes as Cubans exercise their discretion
in a very serious, deliberate and definite fashion. There is no formal
campaigning, which curtails the role of money in Cuban elections. Instead, a
month before the election, a biography of each candidate is displayed in
various public places, where they can be perused at the convenience of the
entire electorate.
The objective of circumscribing
formal campaigning is avoid the development of professional politicking in
which money and backroom deals become the driving force of the political
system. Elections in Cuba are free of the commercial advertising that dominates
and has come to denote the political system in capitalist countries.
Professional politicking and politicians are viewed as symbolic of the corrupt
past and marginalization of the citizenry that characterized pre-revolutionary
Cuba. Consequently, the sons and daughters of workers and peasants comprise
virtually all the delegates of the national, provincial and municipal
assemblies.
Third, an intimate relationship
exists between the elected municipal delegates and the people they serve. Each
delegate must live in the electoral district (usually comprising a maximum of
2,000 people). Each municipal assembly meets four times a year and elects from
its membership a president, vice president and a secretary. These are the only
full-time, paid positions in Cuban local government; all other members of the
municipal assemblies are unpaid and continue in the jobs they had before they
were elected. Delegates have a high degree of familiarity with their
constituency and are constantly on call. Every six months, there is a formal
accountability session at which complaints, suggestions and other community
interests (planteamientos) are raised with the delegates.
The delegate
must then attempt to resolve the matter or provide an explanation at the
following accountability session. Consequently, the delegate must account
for her or his work carried out since the previous session. Each planteamiento is carefully recorded, and
approximately 70 percent are resolved. These planteamiento sessions have resulted in
local issues being taken to the national level where they are examined and
discussed, thus, ensuring popular input into government policy. If constituents
are dissatisfied with the performance of their representative, then she or he
can be recalled or voted out in the next round of elections. From election to
election there is high turnover in representatives. For example in 2013, 67% of
the delegates were newly elected, entering the municipal assemblies for the
first time.
Fourth, the
Cuban system eschews the adversarial approach that dominates the western
political processes. In the work and meetings of the municipal, provincial
assemblies and the National Assembly, the goal
of achieving unity and consensus is central. The unanimous votes that occur are
not indicative of a rubberstamp mentality but a consensus that is arrived at
through extensive and intensive discussion, dialog and debate that precedes the
final vote in the National Assembly: the end-point
of a long, conscientious and sometimes arduous process. The National Assembly has 10-permanent commissions that
discuss and debate a wide-range of topics, including, among many others, the
economy, foreign investment, industry, the environment, constitutional and
legal affairs, education, culture, science and technology.
Fifth, the Cuba
political system is augmented by a very active and vibrant civil society. A
critical aspect of the Cuban political system is the integration of a variety
of mass organizations into political activity. No new policy or legislation can
be adopted or contemplated until the appropriate organization or association
representing the sector of society that would be directly affected has been
consulted. These organizations have very specific functions and
responsibilities. In addition to the Communist
Party, the Young Communist
League and the Confederation
of Cuban Workers, there are the Cuban
Federation of Women, the Committees to Defend the
Revolution, the National Association of Small
Farmers and the Federation of
University Students.
The mass organizations
are supplemented by numerous professional and other associations that represent
the specific interests of other sectors, including for example, lawyers,
economists, journalists, writers and artists, the physically challenged and
stamp collectors. As Ricardo Alarcon, former president of Cuba’s National Assembly underscores, “these associations
and organizations embrace practically the entire universe of activities,
interests and problems of all Cubans.” Mass organizations, unlike the Communist
Party, are granted through Article 88 (c) of the Constitution the right to
propose legislation in the areas that fall under their jurisdiction. Hence,
these organizations have a dynamic existence, and Cuba is replete with almost
daily assemblies, meetings and gatherings of various organizations to discuss
and examine particular issues, in conjunction with the participation of
government officials. This daily engagement of the citizenry with
government is the essence of the Cuban political process.
Additionally,
when critical decisions have to be made regarding the direction of Cuban
society, the country is transformed into a vast island-wide parliament. For
example, in 2010-2011 a mass discussion was held on Los Lineamentos, the proposals to renew and
update the Cuban economic model. From December 2010-February 2011: 163, 079
meetings, involving almost 9-million people, were held to discuss the various
proposals and guidelines. As a result of this mass national discussion and
debate across the island and in Cuba’s National, Provincial & Municipal
Assemblies more than two-thirds of the original 291 proposals were
modified: eventually 311 guidelines emerged. These 311 guidelines were further
debated and discussed at the 6th Congress of the PCC Congress in which
86-guidelines (28%) of the 311 were amended, with 2 new ones adopted,
resulting in 313 guidelines. However, this has not been the end of
the national discussion and debate. The three documents that outline Cuba’s
future path – Los Lineamentos; la Conceptualización del Modelo Económico y Social Cubano de
Desarrollo Socialistaand Plan 2030 – are the
product of this profound mass engagement with Cuban citizens. These documents
were subjected to another nation-wide scrutiny and analysis by Cuban citizens
in 2016.
Cuba in the World: Internationalism
Cuba’s contributions to advancing
and defending human rights extend beyond the geographical boundaries of the
island nation. Since its inception, the Cuban Revolution has made – and
continues to make – an invaluable contribution to the global struggle for human
rights, justice, social development and human dignity. Cuba has established an
unparalleled legacy of internationalism and humanitarianism, embodying the
immortal words of José Martí: “Homeland is Humanity. Humanity is Homeland.” For
example, Cuba played a crucial role in African national and anti-colonial
liberation struggles (from Algeria to South Africa). In the struggle to
defeat the racist apartheid regime in South Africa more than 2,000 Cubans gave
their lives. This has not been – nor will ever be – forgotten by
Africans. The late Nelson Mandela stated: “The Cuban people hold a
special place in the hearts of the peoples of Africa. The Cuban
internationalists have made a contribution to African independence, freedom and
justice, unparalleled for its principled and selfless character…Cubans came to
our region as doctors, teachers, soldiers, agricultural experts, but never as
colonizers.”
Today this Cuban commitment to
humanity is mirrored in the tens of thousands of medical personnel and
educators who have served and continue to serve across the world, battling in
the trenches against disease and illiteracy. In 2014, for example, Havana
responded without hesitation to the Ebola epidemic in the West African nations
of Guinea, Liberia & Sierra Leone. The Cuban medical mission was the
largest sent by any country, consisting of 461 Cuban doctors and nurses chosen
from more than 15,000 volunteers. Africa called and Cuba answered.
Even at this difficult time, when
the island-nation is dealing with the havoc wrought by Hurricane Irma’s, Cuba’s
deep internationalist spirit has once again been profoundly demonstrated by the
sending of more than 750 Cuban health workers to Antigua & Barbuda,
Dominica, Haiti, Saint Kitts & Nevis, Saint Lucia, and the Bahamas.
The Cuban doctors serving across
the world are motivated not by financial gain but by the profound
internationalist values of solidarity inculcated since the triumph of the Cuban
Revolution. Since 1959, more than 300,000 Cuban medical workers have served in
158 countries. Currently, 50,000 Cuban doctors and nurses are serving in 66
countries across Latin America, Africa and Asia, with more than 4,000 Cuban
healthcare personnel treating people in 32 African countries. As Dr. Jorge
Perez Ávila, the director of Cuba’s Pedro Kouri Institute for Tropical
Medicine, noted: “Our principle has been to share what we have.”
Summation
Cuba’s achievements occur within
a very specific political context. It is the political base of the Cuban
Revolution that has been the guarantor and motive force upon which these
achievements rest.
The Cuban revolution is an
outgrowth of Cuba’s long struggle to achieve independence and establish an
autochthonous nation-building project rooted in its historical legitimacy as
the vehicle for the realization of these historical aspirations.
Periodically, the Cuban people reaffirm these historical aspirations, which are
expressed in a political consensus to defend the revolutionary project. The
Human Development Reports, for example, bear out this reality and demand
reflection; they validate the revolutionary path chosen by the Cuban people.
Cuba’s very
existence reaffirms the inalienable right of the people of Cuba – and all other
peoples – to determine their future and their political, economic and social
system without external interference: a right enshrined in the United Nations Charter, the International Covenant on Economic, Social and Cultural Rights, the International Covenant on Civil and Political Rights and
the Declaration on Principles of
International Law Concerning Friendly Relations and Co-Operation Among States
in accordance with the Charter of the United Nations.
The example of Cuba assumes even
greater significance as the 21st century unfolds, fraught with grave dangers
that threaten the well being of the peoples of the world. In the midst of these
profound challenges, Cuba refutes those who argue that relations within and
among the world’s nations and peoples are — and can only be — determined by
self-interest, the pursuit of power and wealth. Cuba illustrates that societies
can be centred on social justice, human dignity and international solidarity.
