Decree Law 349 and the Cuban State a€™s Cultural Politics in 7 Points / Cubalex

Cubalex, 15 August 2018 — The Council of Ministers, in Decree Law No. 349, on April 20, 2018 (effective on December 20, 2018) establishes sanctions for not complying with the cultural policies established by the Ministry of Culture, in relation to the suitability, professionalism and remuneration of artists, whether they are graduates of art education, general education or amateurs. The following 7 points summarize this policy:

1. Cuban artists, whether they are graduates of artistic education, general education or amateurs, in order to practice professionally, have to be qualified by the State.

2. Only artists who have been approved or enrolled in the Registry of Creators of Plastic and Applied Arts can exhibit, provide artistic services in public or have commercial space for their art.

3. Artists will be required to establish links with a State institution in order to receive remuneration for their work. Those who don’t comply with this policy can be subject to disciplinary measures by their work institution, including measures that affect their economic support.

4. Only institutions that are authorized by the Minister of Culture or the Cuban Institute of Radio and Television can establish work relations with artists and represent them to market their productions and artistic services in public.

5. Artists will not be able to benefit from productions or shows, or develop and expose their skills, talents and artistic attitudes in public without State authorization. Nor can they express their identity using national symbols. People who are not considered artistis are excluded from access to practices, benefits and cultural services.

6. State officials have it within their discretion to decide if a book doesn’t comply with ethical and cultural values; if audiovisuals, music or artistic presentations promote discrimination, violence or use sexist, vulgar and obscene language. Victims, affected groups, denunciations or guarantees of due process are not required for accusations.

7. State supervisors and inspectors will decide, at their discretion, if fines between 1,000 and 4,000 pesos or confiscation of goods are merited. Both measures can be applied to any person, organization, business, etc. “in places of State and non-State public installations,” which do not comply with the policy stablished by the Ministry of Culture. They also can suspend, immediately, any show or film and request cancellation of authorization for independent work activity.

Translated by Regina Anavy