Amnesty International Calls for the Release of Antonio Rodiles — Letter Campaign, YOU CAN HELP RIGHT NOW

Antonio and his friends and family in support. His parents are seated in the chairs.

URGENT ACTION

CUBAN MAN TARGETED FOR GOVERNMENT CRITICISM

Government critic Antonio Rodiles has been charged with “resisting authority”. It is believed the charges may be used to punish and prevent his peaceful criticism of Cuban government policies.

A coordinator of a civil society initiative calling on the government to ratify international human rights treaties, Antonio Rodiles, has been charged with “resisting authority” (resistencia). He has been placed in pre-trial detention (prisión provisional), but no date has been set for his trial.

Shortly after the arrest of the independent lawyer and journalist Yaremis Flores on 7 November, Antonio Rodiles, his wife and several other government critics went to the Department of State Security headquarters, know as Section 21 (i) in the neighbourhood of Marianao in Havana, to enquire after her whereabouts. Before they could reach the building they were approached by 20 people, all plain-clothed, as two officials from the Ministry of the Interior looked on. Antonio Rodiles was reportedly knocked to the ground and pinned down by four men. Several of the other activists were also manhandled and were forced into a police vehicle and sent to various police stations around Havana. All were released by 11 November, except Antonio Rodiles.

The Public Prosecutor’s Office (fiscalía) informed Antonio Rodiles’ wife on 14 November that he was being charged with “resisting authority” but a formal charge document has yet to be issued.

Antonio Rodiles is one of the coordinators of Citizen Demand for Another Cuba (Demanda Ciudadana Por Otra Cuba), an initiative calling for Cuba to ratify the International Covenant on Civil and Political Rights, as well as the International Covenant on Economic, Social and Cultural Rights, which the country signed in 2008. Amnesty International believes the charges against him may be being used to punish and prevent his peaceful activities as a government critic and is gathering further information on his case and treatment.

Please write immediately in Spanish or your own language:

  • Calling on the Cuban authorities to release Antonio Rodiles immediately and unconditionally if they are unable to substantiate the charges against him, and to investigate reports that he was ill-treated during his arrest;
  • Calling on them to immediately cease the harassment of all other citizens who peacefully exercise their rights to freedom of expression and association.Please write immediately in Spanish or your own language:
  • Calling on the Cuban authorities to release Antonio Rodiles immediately and unconditionally if they are unable to substantiate the charges against him, and to investigate reports that he was ill-treated during his arrest;
  • Calling on them to immediately cease the harassment of all other citizens who peacefully exercise their rights to freedom of expression and association.

PLEASE SEND APPEALS BEFORE 27 DECEMBER 2012 TO:

Head of State and Government
Raúl Castro Ruz
Presidente de la República de Cuba
La Habana, Cuba
Fax: +41 22 758 9431 (Cuba office in
Geneva); +1 212 779 1697 (via Cuban
Mission to UN)
Email: cuba@un.int (c/o Cuban Mission
to UN)
Salutation: Your Excellency

Attorney General
Dr. Darío Delgado Cura
Fiscal General de la República,
Fiscalía General de la República,
Amistad 552, e/Monte y Estrella,
Centro Habana,
La Habana, Cuba
Salutation: Dear Attorney General

And copies to:
Interior Minister
General Abelardo Coloma Ibarra
Ministro del Interior y Prisiones
Ministerio del Interior,
Plaza de la Revolución,
La Habana, Cuba
Fax: +1 212 779 1697 (via Cuban
Mission to UN)
Email: correominint@mn.mn.co.cu
Salutation: Your Excellency

Also send copies to diplomatic representatives accredited to your country
Please check with your section office if sending appeals after the above date.

ADDITIONAL INFORMATION

Journalist Yaremis Flores was held for 48 hours before being released without charge. During her detention she and was threatened with charges of “disseminating false information against international peace” (difusión de noticias falsas contra la paz internacional), which carries a prison sentence of one to four years, if she continued her work as a journalist.

Antonio Rodiles has been charged under Article 143 of the Cuban Criminal Code. This covers the offence of resistencia, which refers to resistance to public officials carrying out their duties and is often used to deal with alleged cases of resisting arrest.

Article 143 is broad enough to encompass non-violent forms of resistance; it is sometimes used in ways that unlawfully restrict freedom of expression.

On 20 June, Citizen Demand for Another Cuba handed in a petition with 500 signatures to the National Assembly of People’s Power (Asamblea Nacional del Poder Popular) – Cuba’s legislative body located in Havana – calling on the government to ratify the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights.

Along with the Universal Declaration of Human Rights, these covenants constitute the International Bill of Rights and are the key international human rights instruments. Since Cuba’s signing of both covenants in 2008, Amnesty International has called on the authorities to ratify them in order to bring them into force and begin their implementation.

Antonio Rodiles is also the coordinator of State of SATS (Estado de SATS), a forum which emerged in July 2010 to encourage debate on social, cultural and political issues.

Name: Antonio Rodiles
Gender : m
UA: 333/12 Index: AMR 25/026/2012 Issue Date: 15 November 2012

 

Silence, Please! (SOS for Maternida de Linea Hospital) / Rebeca Monzo

I got up a dawn to go to America Arias Hospital, more commonly known as Maternidad de Linea. I was there to accompany a friend who had gone to terminate a pregnancy. Just like everyone else, she had been given an appointment for 7:30 in the morning.

This beautiful Art Deco hospital, designed by the architects Govantes and Cabarroca with some Romanesque-inspired influences, still retains a few of its original light fixtures which denote the year of its construction, 1930. Notable also are the beautiful granite floors with their motifs of contrasting colors. The wonderful stained glassskylight, in danger of being lost, still bathes the walls with soft pastel light, while the allegorical sculpture depicting motherhood on the first floor stands in front the main entrance to the building.

In the large waiting room, whose entrance faces H Street, we found ourselves among a large group of patients and those accompanying them, who had been there since early in the morning. The murmur of voices was growing, filling up the space. Suddenly, a deafening noiselike the roar of an enginewas heard coming from the adjoining the room. This caused those present to raise their voices in order to be heard to the point that the noise became unbearable. Then, the scrawny woman in a custodian’s uniform, who was supposedly keeping order in the place, shouted, “Quiet in the room!”

I had to keep from laughing. I went up to her and quietly asked, “How is it you are asking people to be quiet when in the other room there is a noise that sounds like it is coming from an airplane?” She smiled and said, “They are doing some construction and what you are hearing is equipment removing the debris.”

I looked through the glass door to the other room and was astonished to see an artifact that looked like a small tractor sliding with great effort over those wonderful floors and almost grazing the central columns of the main entrance.

At that moment a young woman dressed in a denim mini-skirt, that covered her only just above the legs, and a short tank top, that left her ample midsection and an odd tattoo right above her tailbone exposed,made an appearance to ask the ultrasound patients for their referral papers. “An odd look for a hospital,” I thought.

Motivated by the delay and the wait, I decided to go the the hospital’s management to complain about the noise and rude treatment, and to offer some suggestions regarding the inappropriate attire of some of the hospital’s workers. Judging by the look on the face of the director’s secretary, my complaint was not well received. As a justification she told me they were doing as best as they could considering that there was reconstruction taking place so that they could continue providing services not only to their patients, but also to other hospitals in the area, which were experiencing similar problems. She told me to file a written complaint with my name, address and ID card number, to which I responded that she could count on it.

Finally, at 11 AM a nurse popped into the waiting room to inform everyone that she was sorry, but that the exams would be further delayed because there was only one anesthesiologist in the entire hospital, and at that moment he was in surgery. After an hour they began to let in the restless and nervous patients based on their order they had arrived.

The uniformed woman blocked the door so that those accompanying the patients could not enter the exam area. Then began the skirmish to offer small gifts such as packages of cigarettes and little “empanadas de enfrente” in hopes they would be the key to get through the barricaded door.

Armed with empanadas and other treats, I managed to get to the second floor, where the procedures are carried out, in order to lend moral support to the patient like the other friends and family members who were doing the same, offering moral support to our patient. There I observed that approximately a third of the beautiful facility was closed off with signs saying “closed due to danger of collapse.” It also pained me to see how the construction workers mistreated the floors, carelessly dropping their heavy tools.

Nervously, I watched the coming and going of the only wheelchair, that was missing the foot supports and the rubber rims on the wheels, being used to bring out the patients who were coming out of the anesthesia. Finally, the creaking rhythm of that chair revealed my friend, who, happily, was responding well and recovering quickly from that painful mishap. The complete of our beautiful architectural heritage, which we left behind and whose abuse I witnessed for many hours.

November 19 2012

Misleading Balancing Act / Miriam Celaya

At first glance, it would seem that nothing changes in Cuba. The system seems to gently continue down its inexorable march toward a crash that, nevertheless, doesn’t seem to ever arrive, just like the future promised by the defunct revolution. People continue to do everything related to the three national occupations of the highest priority: subsistence, illegal activities and emigration, mired in a riverbed of static appearance in which each side is trying to achieve its own goals, as if they were independent of each other… As if they actually were.

During the past four years the Cuban government has established the methodology of making up time by wasting it. Perhaps this has been the only political contribution of the General-President: a formula that is based on the accumulation of experiments emanating from a group of reforms and counter-reforms designed to create the expectation of economic changes without essentially changing anything, while time passes and circumstances continue to deteriorate.

The closest thing to a government program in recent decades was endorsed in a few guidelines few had faith in and that no one seems to remember (including General R. Castro himself), whose “implementation” has turned into some incomplete and inadequate aberrations, such as the distribution of leasehold land to agricultural producers, the granting of licenses to the self-employed, the approval of sales or the donation of private homes and cars, and the expansion of the use of cellular phones, among other stunts. The most recent and spectacular official scripted act has been, without a doubt, the so-called “migration reform”, a kind of myth that has taken hold over large sectors of the Cuban population, eager to emigrate, a trick whereby the government passed the ball to the opposing field: starting January, 2013, ordinary Cubans who behave will be able to travel without requiring the humiliating exit permit. Instead, they will just have to apply for an extremely expensive passport. After that, it will all depend on the overseas destination conditionally extending a visa. Skill and ineptness combined into yet another perverse hand at a balancing act without giving up control.

The giddiness that such a wealth of “change” should generate in a country whose characteristic permanent hallmark has been its resistance to change had barely a brief effect. While some journalists and foreign visitors think they see a sign of progress for Cubans in the official measures and the numerous street kiosks and carts, or an opening leading to the Island’s democratization, the fact is that there have been no real changes resulting in the improvement of life, the increase of the people’s capacity for consumption, or in palpable economic growth, not to mention the rights issue. The brief bubble of hope of early kiosk entrepreneurs has faded in the face of reality: prosperity is a crime in Cuba.

This is reflected, for example, in the fact that agricultural production is still insufficient because of the many obstacles imposed on the peasants (including defaults on contracts by government entities, or the continuing delays in the same, bureaucratic obstacles, lack of guarantees to growers, the shortage of materials, etc..), while the proliferation of self-employed sellers engaged in the marketing of these products, far from bringing about a decline in prices of agricultural products — as would occur in a in a healthy and normal market — has caused a disproportionate rise in prices, shrinking the people’s purchasing power, especially of those in the lower income brackets. The formula is quite simple: about the same amount of goods and consumers, plus an increase in the number of sellers, results in an out-of-control rise in prices in a country where the State is unable to even meet the most minimum requirements of the more fragile and dependent sector of the population, while wages and pensions are purely symbolic.

The issue of house sales is one of the more sensitive, due to the critical state of the housing market, as hundreds of thousands of families do not own their own homes. While it’s true that now those who own property may sell their homes, the difficulty consists in that few Cubans who do not have a roof over their heads have the means to acquire even the most modest apartment, though, compared with home prices in other countries, Cubans may, for the most part, be considered “moderate”.

A similar picture is presented in the rest of the “liberated” activities in virtue of the so-called government reforms. In fact, each “liberalization” brings with it the implicit increase in the cost of living and extends the schism between the nouveau riche and the dispossessed, which is proof that the problem of Cuba lies in the very core of the system. Nothing will change as long as they don’t change the principles underpinning the regime. Consequently, the government won’t be the one that will promote changes that the country needs, because changing what needs to be changed would mean the downfall of the regime.

Though this is a simple enough principle to explain, both the failure of the so-called Cuban socialism, strengthening of state capitalism established by the same class and the same “communist” subjects, architects of the national aberration for over half century, as well as the continuing and deepening socio-economic crisis, there is a kind of delicate sustained equilibrium in certain key factors that have prevented a social explosion, among which the following are significant: the state of permanent poverty which glaringly limits the expectation of great masses, who prefer escapism or survival rather than taking the risk of confronting the regime or of –- at least — not making things easier for the government; the lack of civic culture of the population; the still lack of development of independent civil society groups and their limited –- though growing– social influence; the use of repressive forces to harass any manifestation of freedom, and the monopoly of the media and communication by the government.

Nevertheless, such equilibrium in an existence of supersaturated frustrations could tumble at any given moment. Sufficient for one component to exceed its limits for the landscape to be transformed, especially considering that the discontent is growing and the long contained frustrations are a depth charge in a society biased by fractures and inequalities. It is not only the steady growth of internal dissent and of other sectors that criticize the government. Migration, corruption, illegal activity and all expressions of escapism — including apathy and pretense — are all forms of dissent that now dominate almost the entire Cuban population, a fact that the government is aware of and seeks to control by applying the precision of the repressors: political persecution to civic activists by the minions of the so-called Section 21; economic persecution of producers and traders through corrupt inspectors of the Comptroller.

The growing frustration on the Island is the seven-headed Hydra lurking between dark crevices of a structure that stands on miraculous static, and whose balancing should, right now, be the General’s utmost concern.

Note to readers: As you may have noticed, I am making changes to this page little by little. I hope you forgive some slips due to my faulty connectivity (which slows down the process of updating the image in the new template), compounded by my lack of mastery of the technology. Anyway, I’ll keep updating the posts at least once a week … Don’t give up on me. Thanks.. Hugs.

Eva-Miriam

Translated by Norma Whiting

November 19 2012

Another Elian Case, But in Reverse / Rebeca Monzo

About six months ago I started to make travel arrangements for the minor son of a friend who lives abroad, and for that purpose she awarded my power of attorney to represent her first-born. I would like to note that on “our beloved planet,” for some things they are minors — for example to buy or sell, or to make a will — but for others, being imprisoned or executed for having committed an offense against national security, they only have to be 16.

The first thing I had to do was to go to the civil registry to get a documents proving birth, single status, lack of a criminal record, etc. This meant, of course, interminable lines, expenses to have them stamped, little gifts (i.e. bribes), and above all lots and lots of patience.

Once I acquired the national documents, I had to stand in more interminable lines, to legalize them (all paid for in convertible currency), at the State agency dedicated to this. Afterwards I presented them to the embassy that was going to receive him, in this case Spain, where the lines are amazing and the treatment offered is not the best. I had to go there several times because the information received was inaccurate and the documents asked for were difficult to get.

Once all the paperwork with the embassy in question in finished, then comes, in the case of males, the worst nightmare: release from military service.

Having already completed these steps, we just had to go through the crushing machine at the Immigration Office. I have to admit that the treatment there is friendly. But it’s also good to note that despite this nice treatment, the efficiency isn’t the best, because almost all the personnel is new and is not well-trained.

You must come armed with patience and optimism, because you’re going to have to stand in those infernal lines many times: sometimes because you don’t have a document they didn’t tell you about, others because every time you go they ask for something new. In short, you have to go to the place many times, instead of the two times you thought: once to deliver the request and once to get the answer.

Thus, lurching along bad-humoredly from line to line, time passes and you become exhausted, and are paying sums you hadn’t counted on. None of them ask your pardon for the procedural blunders they commit, and they all act as if they’re doing you a favor and not violating your most sacred rights: to be able to freely enter and leave your own country as many times as necessary, without their preventing it.

Finally, today after so many months, so many mistakes, and so much physical and mental exhaustion, they have awarded to the boy I am representing his longed-for exit permit, to be able to be reunited with his mother, who lives abroad. This has been just like the case of another Elian, but in reverse.

November 21 2012

Malcom, the Generous Hand / Luis Felipe Rojas

It’s Monday the 19th, and it is the first day of school in the United States for my son Malcom. They have placed him in an excellent educational center. It is a preview of our lives here, but at the same time it somehow also connects with what we left behind. No one asked us for our party affiliation, and there was not a single director who demanded to see our proof of social integration. This is a sharp contrast, which we will be grateful for the rest of our lives.

What makes me the happiest about this course, which he has continued 90 miles from his first home, is that he doesn’t not have to lift his hand and put his thumb on his forehead and say that he wants to be like someone. In Cuba, when told, all students must repeat at the top of their lungs “Pioneers for Communism!”, and “We Will be like Che Guevara!” Here, they want him to be like himself, what they wish to see in his attitude is his capacity to demonstrate his talent and physical and intellectual abilities. This morning, he raised his hand to offer it in friendship to dozens of children from three continents. He made some cartoon drawings and excitedly brought them home. It was a new day, with no necessities to read him a manual about heroes chosen by a few, nor will they ask him to praise what he does not want.

A tricolor soccer ball rolled and  bounced off the ground and the steps of my son walked towards the field like someone searching for the world, with strength, with reasons and with desires of being the man who had his dreams interrupted a few years ago, but who stars again now as a simple schoolboy who will offer his generous hand and not a scream, a kick, or a slogan.

Translated by Raul G.

20 November 2012

Crossroads / Cuban Law Association, Wilfredo Vallin Almeida

By Lic. Wilfredo Vallín  Almeida

Three youths were arrested violently, forced into a police car, and taken to a national police station where they were held for about 24 hours under interrogation by the State Security.

The reason: Handing out leaflets for the Citizen Demand for Another Cuba which, weeks before, had been delivered by its developers to the People’s National Assembly where it was received and given the number 1207, on June 20, 2012.

Although police violence is a fact that occurs almost daily in our country — the record of it is shown in photos, videos and interviews by independent media, bloggers and others — this case in particular, by its connotation, deserves special consideration.

When we speak at the police station with the agents of the political police who handled this case, we noticed several things to be discussed below.

First they told us that these young people had been arrested “for distributing propaganda in the public street.” Although they didn’t use the term “enemy,” it was obvious that in referring to propaganda it had to be, because otherwise there was no justification for the arrests.

When we showed the agents that this document had been delivered to the National Assembly of People’s Power without objections on the part of those who received it, they then went on to say “they resisted arrest.”

We will not detail here the argument under International Law that an arrest that begins by being illegal it is not valid for the powers-that-be to later turn it into one that is. That is, at least for now, another issue.

What the agents seemed to look at most strongly was where those sheets had been printed. So what is “important” to them is the printing, not the content. And that can be logically understood because what really worries them is not the actual printing, but the issue that plays out on those sheets.

And the issue is the Covenant of Civil and Political Rights and the Covenant on Economic Social and Cultural Human Rights, both of the United Nations (UN).

And we can understand the official concern because:

Cuba is a member of the UN.

Cuba participates in the Human Rights Council in Geneva.

It is seen as an International Rights Organization violating rights, which they reserve to themselves.

There is a plan, for the second or third time, for a UN rapporteur for torture to visit the Island, it’s not known when.

The Cuban government signed its intention to introduce these Covenants on the island on February 28, 2008.

In the case of such documents they cannot characterize them as an “imperialist maneuver against the country” or something like that.

Nor can they imprison those who disclose these covenants or support this campaign because this act would be wholly inconsistent with the principles of the United Nations Charter and the Universal Declaration of Human Rights.

They know that, across the whole country, if their content and perspectives are made know to Cubans, there would be countless citizens who would support that demand.

The problems with the UN are not the same as with the harmless, unarmed and defenseless peaceful Cuban opponents.

And this only highlights some aspects of the problem.

Now the question is, of course, very difficult, in the hands of those who can resolve it, or who can conceal it Cuba, if they continue to speak in the tone of arrogance and power with which they spoke with us at the Sixth Police Station.

I think that for those who run things in the government in the country, the defining word today is: CROSSROADS.

September 13 2012

Lessons and Elections / Rafael Leon Rodriguez

Source: “Wikipedia Kiwix”

A few days before the elections in the United States, on November 2, the newspaper Granma published a statement by Cuba’s Ministry of Foreign Relations, where it again castigated the United States Interest Section — SINA — in Havana, accusing it of interference, for offering support to civil society and the Cuban peaceful opposition.

The issue of access to the Internet and providing free information at the embassy, which goes against the exclusionary policies of the totalitarian authorities of the archipelago, returns to the public arena. The invalidation of the Cuban opposition, by calling it mercenary, is repeated. The rejection of the proposal by President Raul Castro to hold talks with the U.S. government is put forward as a practice of the past Cold War.

And finally, the threat: “The Foreign Ministry denounces the illegal, meddling, offensive and provocative activities of the United States Interests Section and demands an end to its permanent incitement to carry out actions aimed at subverting the constitutional order that the Cuban people have chosen in a legitimate and sovereign way. The Foreign Ministry confirms that Cuba will not give ground to interference and will use every legal means at its disposal to defend the sovereignty won and to enforce respect for the Cuban people and the country’s laws.”

In Tuesday’s U.S. elections, on November 6, the Democratic Party candidate Barack Obama was reelected for a second term. The current Cuban leaders appear to take a deep breath following the results of these elections. Now it is not about apologizing to the free world, perfectible democracy and the American dream.

It is about asking ourselves, beyond any other consideration, how it would have been it we could not count on the solidarity and support of the people of the United States as represented by their leaders.

We must remember that, after furtively imposing a totalitarian system, alien to our culture, our traditions and the most legitimate interests of the Cuban nation, the totalitarian authorities could not care less about the fate of those not communing with their purposes. “We don’t want them, we don’t need them.”

Under this core belief of the Castro regime, more than two million compatriots were forced to emigrate, the majority to the United States, which welcomed them and where today the Cuban-American community is among the most significant.

And the emigration continues, even supported by the continuous requirements of the Cuban rulers to U.S. authorities, from whom they demand compliance with the immigration agreements and the granting of twenty thousand visas annually.

Ah! Because currently those who emigrate are classified by the authoritarian government of the islands as… economic migrants.

Some elderly say that to protect is one of the first responsibilities of a leader. Now, when we review the letters exchanged between Fidel Castro and Nikita Kruschev during the October Crisis of 1962 — five decades ago — published in Granma, with the same paper and the same ink as the declaration of earlier times, we understand how close we were to that improvised nuclear holocaust.

The Soviet premier said, in his letter of October 30, 1962:

“We have experienced the most serious moment, in which we could have triggered a world thermonuclear war. Clearly, in a such a case, the U.S. would have suffered enormous losses, but the Soviet Union and the entire socialist camp would also have suffered greatly. With regards to Cuba, it’s difficult even to say to the Cuban people that this could have been the end for them. The first flames of war would have incinerated Cuba.”

It seems a temperature overtook our environment during those days that still has not cooled after fifty years. And with reason. The United States government renews its government team every 4 or 8 years. In Cuba it remains the same and the exact same for over half a century.

The Cuban authorities propose talks with the Americans, when they have not been able to recognize, much less carry out, a dialogue with their own peaceful national opposition.

Raul Castro’s government already has a fiber optic submarine cable from Venezuela, which multiplies the internet capability. Yet Cuba remains among the countries with the lowest connectivity on the planet. And so the list of abuses of authority goes beyond reason.

We hope that the rulers of the archipelago take into consideration all that we lack here at home, in order to create reliable bridges to the outside.

It is useful to repeat that the ratification and implementation of the United Nations Covenants on Civil and Political Rights and on Economic, Social and Cultural Rights is the unobjectionable starting point for the necessary and urgent changes for the Cuban nation. Hopefully these  free, democratic and pluralistic elections held in the United States will serve as a useful lesson.

November 15 2012

The Empty Platform / Yoani Sanchez

Trains Havana-Bejucal 1835. Image taken from lacomunidad.elpais.com
Trains Havana-Bejucal 1835. Image taken from lacomunidad.elpais.com

The small train station bustles with life starting early. Students in the tightest uniforms pass by, and a newspaper seller announces the boring Granma every day. There are paper cones of peanuts, workers selling soft drinks, and several people who have slept all night on cardboard on the floor. The place — despite its insignificant architecture — could be a train station in any city in the world. There is only one thing missing from the scene, something that stands out by its absence: there isn’t a train in sight. The rails are empty and no locomotive can be made out, not even the sound of a whistle in the distance. At mid-morning a lone coach limps in, with the initials DB (Deutsche Bahn) still painted on the side. Passengers board with reluctance, although the odd child still greets them smiling from the window.

Cuba had the first railroad in Latin America, inaugurated in a November like this one 175 years ago. The Havana-Bejucel section was created a decade before Spain — then a metropolis — began operating trains in its own territory. But it is not just a question of dates, but that on this Island the rail lines spread out across the country like a backbone from which sprouted infinite branches. Life in many small towns began to be measured between the coming of one car and another, between the arrivals and departures that appeared on the notice board in each station. The everyday smell came from the “aroma” that arises from the friction of the metal of the wheels on that of the rails. But little remains today of that prominent railroad. One day we said goodbye from the platform to the last train where we felt comfortable, and from that moment climbed aboard another that was an uncomfortable, difficult and distressing experience.

Although in the past year repair work has been carried out on the routes, and the cargo moved along them has more than doubled, the damage suffered by the Cuban railroad system is of a seriousness that cannot be quantified in numbers. The main problem is not the lack of punctuality in the departures, nor the deteriorated cars, nor even the bathrooms so filthy they can’t be called sanitary services. Nor is it the systematic theft of the passengers’ belongings, the mistreatment of the clients by many of the employees, the constant cancellations of departures, or the alarming lack of safety reflected in frequent accidents. The greatest deterioration has occurred in the minds of Cubans, for whom the railroad has ceased to be the inter-provincial mode of transport par excellence. Those millions of people who no long measure the rhythm of their lives by the whistle of the locomotive, who no longer proudly salute from the window of a car. The hackneyed scene of the goodbye kiss in the station, the handkerchief waving from the empty platform, the decades long absence of the principal protagonist: a train about to leave, a long iron snake ready to travel the backbone of this Island.

20 November 2012

After Food, What Most People in Cuba Are Talking About / Ivan Garcia

God willing, before spring of 2013 arrives, Ernesto, thirty-five years old and the owner of a small confectionery business in the Havana neighborhood ofSanto Suárez, will probably be able to travel to Madrid. He will stroll along the Plaza de Cibeles, and buy something in an outlet store or a Chinese street market. And if his brother-in-law buys him a ticket, he will sit in the south end ofSantiago Bernabeu Stadium and see Cristiano Ronaldo and the rest of the gang play. It is his lifelong dream.

If, in spite of the monstrous crisis devastating the Iberian peninsula, his sister in Vallecas* is able to advance him a few hundred euros to buy the tickets and the Spanish consulate in Havana does not deny him an exit visa at the last minute, he will send an email to his relatives and friends in Spain saying, “Meet me at Barajas Airport.”

Right now the much discussed emigration reform is the second most important topic of conversation among Cubans after the headache brought on by trying to find enough to eat every day. The desire to emigrate to find temporary work overseas to make a few decent dollars or euros, whether it be cutting down trees in a dense Canadian forest, clearing snow in Berlin or selling ice cream in Seville, plays a part in the future plans of many Cuban families.

Some are able to do it because they have relatives who were part of the first red-blooded group to reach the other side of the Florida Straits. After spending money on medical exams and waiting for the green light from US authorities, they manage to finally arrive in the sun-drenched city. Each year more than 20,000 people are able to realize their own American dream in this orderly, legal and secure way.

But not everyone in Cuba has relatives in Miami. There are other ways to enter the United States. As a result of the Cuban Adjustment Act, a bizarre federal law that grants automatic residency to any Cuban who manages to set foot on American soil, people on the island find ways to reach El Dorado. They include tales of heroic exploits such as transforming a 1950s Ford truck into a motorboat, leaving on a surf board or hiding within the landing gear of a commercial jet.

Hundreds of Cubans have lost their lives trying to escape the Communist autocracy. There are no exact figures. According to the U.S. Coast Guard one in three balseros ends up as shark bait. The Cuban Adjustment Act is like a marathon; not everyone makes it to the end. It is like a game of Russian roulette in which you could lose your raft or your life. There are stories circulating on the web of people being swindled by bands of human traffickers. Numerous countrymen have seen their hopes dashed, dying of hunger and thirst on a mountain in Colombia while trying to get to Panama or to a desert on the Mexican border.

If we add to these the regime’s absurd restrictions, which grant it the right to authorize or deny Cubans permission to leave and reenter the country, we arrive at a devastating conclusion: In the past fifty-three years we have lived under a perpetual state of siege. There is always a sense of gratitude when some of these perverse prohibitions are lifted, but GeneralRaúl Castro’s proposed reforms have the whiff of moldy cheese.

The imagination of foreign correspondents comes as a surprise, when they write headlines that starting in January of 2012, Cubans can go sightseeing. How many in Cuba will be able to do that? I assure you that they are the minority. The mandarins and their kin, those yes. They’ve already been doing it. They go to Margarita Island in Mallorca. These “tourists” are the exception.

Most Cubans who travel abroad and whose stay is longer than twenty-four months want to work hard and save money to repair their dilapidated houses, or buy new furniture and a 24-inch plasma screen TV. Only if things are going really well will they think about staying.

We Cubans cannot travel abroad because, in the first place, the money the state pays us is worthless. Even if you worked and saved for several years, it would not be enough to buy a round-trip ticket. Unlike Paco from Andalucia, John from Nebraska or Pepe from Mantilla, we can only travel if an uncle from Hialeah sends us one or two thousand dollars.

Economic dependence on relatives living in the diaspora is almost total. Any good that comes to a middle-class families in Cubans who do not receive handouts from the government, or who are not famous writers or musicians, is dependent on those who live in the “Yuma**,” from where almost all the shoddy material entering the island comes. Improvement in the quality of life for the average citizen is intimately linked to the remittances and aid sent by family and friends living in exile. The same applies to one’s ability to travel. The expenses are covered by residents on the other shore.

We have not even talked about the restrictions contemplated in the new emigration reform with respect to professionals or dissidents.For Raúl Rivero or Carlos Alberto Montaner the regime will continue to deny them permission to visit their homeland. And a telecommunications engineer’s ticket will be cancelled by a grim emigration official alleging issues of national security.

The government washes its hands like Pontius Pilate by lifting restrictions on people like Ernesto the confectioner, with his plans to travel to Madrid. Professionals and dissidents, meanwhile, remain on the black list.

Photo: A street in central Havana,Laritza Diversent

*Translator’s note: A working-class neighborhood of Madrid.
**Colloquial name for the United Staes.

November 17 2012

Salary in Kilowatts / Rosa Maria Rodriguez Torrado

He works driving a truck for the electric company. He is married, has three kids, and his wife is a nurse at the 10th of October Mother and Child Hospital, better known by its previous name of Daughters of Galicia. The petroleum truck that hedrives all day has no air conditioning, not even a little fan. The heat is great, and the pay is little. The co-worker that they assigned to work with him has a similar financial situation. “In Cuba salaries are symbolic,” they told me while they were getting thebulb out of its new, nylon, factory-packagedbox. That was in front of a house of a friend who paid 30 CUC (more than $30 U.S.) to those workers from the Electric Union (UNE) so that they would replace thebulb of the street light that is opposite her house and that has been blownfor more than two years.

The suicidal “move”took placeat two in the afternoon and soon attracted the attention of the president of the block’s Committee for the Defense of the Revolution, who directed herself to the workers “to communicate to them” that the posts on the corners also had broken bulbs and that it was better to replace those than to put one in the middle of the block.

“For today, we are finished, comrade,” they told her, “because this is the last one we have, but there is an order by the minister to change them all as soon as the boat from China arrives. So don’t worry.”

And the watchful presidentwent awaybetween satisfied and doubtful, because everyone knows that in Cuba general corruption exists, but that at that level it is only enough to survive. So the workers in Cuba go sidestepping the difficulties that the state economic helplessness imposes on them. The majority of those who are linked to the sectors that generate no income in convertible currency have to “invent” in order to be able to make ends meet. With thelow salaries that they receive in national money, they also have to engineer for themselves and buy hard currency in order to feed, clothe and buy shoes for their families.

An unpleasant situation is confronting some friends with the UNE. Their consumption is aboveaverage after the most recent increase. Summer is already past and they continue the same. I ask myself if the arrangements that they make with those who enjoy air conditioning in their homes “are taking by the guts” those who don’t have it.

The bill collector, the intermediary between the UNE and the residential sector, is the friendly face of that business, which undoubtedly must justify before higher agencies the quantity of megawatts that the township consumes.

According to my deduction, the kilowatts they readjust on the bills of those who possess a cooled air system, in order to charge them less and pocket a share of the difference, they must be obligated to distribute them among those who don’t have ar conditioning.

Tired of them taking the kilo in kilowatts, they went to protest at the municipal electric business which is located at Josefina and the 10th of October. Along the way they asked themselves how to defend their right to be charged withoutpenalties for what they consume without betraying anyone.

By luck, they had already hinted to the collector their suspicion of how they believed the mechanism worked so that he could alert his crew, and when they arrived there the clerks were very friendly.

They asked the UNE for areview of the meter and the electric bill and they ended up sending a technician, but he still has not appeared. Some days ago the bill arrived with an amount visibly smaller than the month before.

But the next months? My friends ask themselves if they are going to have to continuegetting annoyedand going to demand periodically that they not steal from them. It is not easy to beat your head without a helmet against the wall of corruption.

Translated by mlk

November 20 2012

The U.N. Covenants on Human Rights: A New Crime In Cuba? / Cuban Law Association, Wilfredo Vallin Almeida

By Wilfredo Vallín Almeida

As we have seen, there seems to be a new offense under the Penal Code and the Criminal Procedure Act (LPP), a “crime” that seems interesting to analyze with regards to what it might mean to the future.

And I begin this analysis with what — over so many years — has been understood to be a CRIME and when it does and doesn’t exist.

People like the Italian Cesare Bonesana, Marquis of Beccaria, with his famous book On Crimes and Punishment published in 1764, and the well-regarded author German Paul Johann von Feuerbach who, in 1813, issued the famous legal maxim Nullun crime, nulla poena sine praevia lege (“No crime, no punishment, without a previous punishment law”), gave a sharp twist to what was then called “criminal law.”

Those words of Feuerbach, translated into our language and brought to the present, mean that “for a person to be arrested for certain behavior, it is essential that their conduct is registered as a crime in the Penal Code prior to its commission. Otherwise, there is no crime. ”

Of course, in the case of an infraction, (I repeat, previously defined and sanctioned by law) it proceeds from the arrest of the person and taking him to a police station to clarify the facts… but I am referring to the violation of a REAL criminal standard, not an invention.

The Criminal Procedure Act explains, as the name suggests, the ways in which the authorities and the law enforcement agents can respond to criminal behavior.

Thus, in Title IV, Chapter I, Articles 241-244 of Cuba’s criminal statutes it states, clearly, the cases where an individual shall be arrested and, precisely by being defined in it, the principle of legality applies to everyone and we are subject to it without exception.

To detain someone, except in cases established by law, and inventing, for that purpose, “offenses” that do not exist in the Penal Code or situations not falling under the Criminal Procedure Act, is simply to invade a sphere that belongs only to the legislative body, which in the Cuban case is called, as far as we know, the National Assembly of People’s Power.

And that is precisely what happens when a citizen is taken to a police unit and there is no Act of Detention, or he is taken and what is written as justification for his arrest is … “Interest of CI (counterintelligence ),” a reason for detention that does not appear at all where it should be mandatory: in the aforementioned Penal Code.

We can not give legitimacy to bodies that take on a function that is not theirs and which is so important for social relations: the creation of law.

Moreover, lawyers for the Cuban Law Association have never seen a legal prohibition stating that the behavior of citizens urging the government to ratify the U.N. Covenants signed by a Cuban representative four years ago in New York City, is an offense of any kind.

But, as might occur with the regulations for whether to grant an exit permit — the so-called “white card” — to citizens who want to leave the country and that we have never seen, perhaps it is in these Covenants which we still cannot read.

If so, then please publish it so that we citizens will know that, in Cuba, there is a new conduct prohibited by law: that of invoking the UN Covenants.

September 10 2012

Who is Antonio Rodiles and What is “State of Sats”? / Yoani Sanchez

Hands clasped in front, deep breaths, the lights come up and the curtain begins to rise. The actor is not yet in front of his audience, but he’s already about to begin to speak, gesticulating in the voice and ways of his character.

He is in a state of “SATS,” a Scandinavian word that refers to that instant just before the theatrical action or the sports performance; the moment of greatest concentration that precedes the artistic explosion, the adrenaline rush of jumping, running. Those four letters, summarizing a turbulent journey from the depths of the self toward extroversion, have been adopted by a project of art and thought born in Havana.

State of SATS (Estado de SATS) was founded in 2010, taking off from an idea of Antonio Rodiles’ and two Cuban emigrants. It emerged as “an initiative of young artists, intellectuals and professionals in search of a better reality,” and quickly gained recognition and popularity. The best known work of SATS is centered on a program of reflection and debate–filmed in Rodiles’ own home–that circulates with great success on Cuba’s alternative information networks.

The most important social actors in Cuba today have passed in front of the SATS microphones, addressing essential issues, long postponed. Many of these guests remain silenced or stigmatized by the official press, while their analysis and points of view expressed in the SATS videos honestly delve into the most serious problems in our society, without discrimination against anyone. State of SATS has also brought the opportunity for other artistic, political and citizens’ projects, narrated in the first person.

But for more than a week now, the chair on that sober and democratic set usually occupied by Antonio Rodiles has remained vacant. He is under arrest by the Cuban political police. On November 8, this 40-year-old with a degree in Physics entered a dungeon from which he has not yet emerged.

Deliberate, analytical, and with a deep concern for everything that occurs in our country, the founder of State of SATS is now experiencing the most sordid side of repression in Cuba: a jail cell. And his main crime doesn’t seem to be the charge of “resisting arrest” alleged by the prosecutor, but rather the illegal act of thinking and opining on an Island where this “right” belongs only to the Party in power. Thus, to dream and debate about a more inclusive and plural country is an egregious crime here, as we all know.

Rodiles’ stay behind bars is the materialization of a premonition, of one of those painful predictions that many of us have while expressing our opinions and encouraging others to do the same. We see it as if one of those fireflies, attracted by the light of civic responsibility in which–sooner or later–Raul Castro’s totalitarianism will incinerate it.

His captors waited for the opportunity to trap him and this happened on a Wednesday afternoon when several activists demanded the release of Yaremis Flores, a lawyer and member of a free legal advice network who had been arrested near her home. Outside the feared Section 21 (the State Security department that monitors and controls regime opponents), a dozen people gathered. But instead of freeing the attorney, a group of agents in plain clothes violently rushed those making the demand and arrested them as well.

To the peaceful gesture they responded with blows, to the civic attitude they contrasted a repressive attitude. As if, with the arrest of Antonio Rodiles they wanted to teach a lesson to all of civil society. A dark autumn with dimensions much smaller than the Black Spring of 2003–but not, for that, any less frightening–it happened in a moment.

On balance, some thirty dissidents were temporarily detained, among them independent journalists, activists and alternative bloggers. I myself was held for about nine hours in a cramped room where three women and one man tried every verbal method to crush my self-esteem. But my mind was a thousand miles away, escaped to some beautiful place where they could not reach me.

I am almost sure that Rodiles is experiencing a similar situation, aggravated by his several days’ stay in the police station. I imagine they have said to him–as they did to me–that he should leave Cuba, get the hell out of here, because this Island “belongs to Fidel,” all the streets, the sidewalks, every tree and facade we know. Getting rid of their critics by pushing them into exile remains their most common strategy against nonconformists.

For sure they are mentioning to this Havanan who studied in Mexico City and taught in Florida the names of all his family members. A subtle method to let him see that they know everyone dear to him, they are aware of all their movements, that something might happen to them while they walk the streets.

If their strategy of interrogations is repeated, like the broken record of arrogance, then I envision how they end some of these questioning sessions. Perhaps they threaten him–as they have so many–with long years of incarceration in a filthy cell, stinking and violent. His police interrogators laugh through their teeth while making sexual, terrifying, allusions.

And it is in these moments when one sees the true face of Fantomas–that terrifying French serial killer–when one experiences first hand the absolute mediocrity under the skin of the executioner; when you reaffirm the idea of why you need to keep trying to change Cuba.

So that these censors of laughter and of freedom, these people who leap quickly from the penal code to the code of the neighborhood bully, cannot continue to lead this country. So that no one will fall–ever again–into the gap of legality where anything can happen.

I know that Antonio Rodiles will be strong, that he is, right now, like the actor who plunges within himself to explode into a freer state, into a state of SATS.

Here is a video from Tracey Eaton, reposted here so you can listen to Antonio describe his work in his own words.

Awaiting a Sign / Fernando Damaso

Photo Rebeca

The last days of October and the first days of November, besides Hurricane Sandy, have produced two electoral processes: one in Cuba and the other in the United States. The first, more formal than real, where the majority of citizens go vote because of inertia, convinced that their vote will decide nothing, like not electing some delegates from the base, without real power and lacking resources to solve anything, and with the important positions already decided beforehand (how else to explain the continuation of power in the same principal authorities for more than 50 years), happened without pain or glory. The journalists assigned to cover it, seemingly without much enthusiasm, did their jobs, pondering the supposed advantages of the Cuban electoral system, in contrast withall the rest of the world: the most democratic, popular, massive, just, patriotic, civic and all that occurs to them.

The second, in spite of being entirely the responsibility of the American people, seems to have had greater coverage: articles in the written press, television and radio analysis and even Roundtable TV shows. Some brainy journalists, not being able to show their analytical aptitudes in the Cuban electoral process (all is predicted and there are no surprises), didso withthe neighbors, where the voters had the last word on election day.

It is good to remember that, in the era of the republic, the American elections did not much interest us. A Democrat or Republican president was the same: Whichever won, the relations were of good neighbors. Interest grew after 1959. Since then, the American elections became a principal problem for the Cuban authorities, drawing up contingency plans for one winner or another. I am sure that they also have now.

We always hope, although the odds are small, that we will resolve the problems that we have created, and so, every four years, we look North, hoping for some sign, in spite of the fact that every day of the year we rant against it and blame it for all of our problems, the problems of Latin America and of the world.

The hurricanetheelections passed, our authorities will return to the international arena, demanding the end of the blockade (embargo), the liberation of spies imprisoned by the empire and millions in reparations. (In 2011, they valued damages at 3,553,602,645 total dollars, and in the past 50 years at 1,066,000,000,000 dollars. A marvel of calculation worthy of the best destiny!) They will also repeat other themes that have been political propaganda material for years, knowing that they will get nothing, but they will keep serving as entertainment for many gullible Cubans, which, in the first instance, has always been their true objective.

Translated by mlk

November 19 2012

The U.N. Covenants on Human Rights are Binding on States / Cuban Law Association, Argelio M. Guerra

By Lic. Argelio M. Guerra

The development in 1966 of the International Covenants on Civil and Political Rights and on Economic, Social and Cultural Rights, also known as the New York Pacts, has a close relationship with the gestation of the Universal Declaration of Human Rights of 1948. While the latter it not binding on States, the adoption of the Covenants came to bridge this shortcoming of the Declaration and, from the perspective of international law, establish legally binding obligations for States that become a part — through signing them — of such instruments.

And those conventions on Human Rights have a special feature given by the very nature of their object of protection, and that is that between the Parties there is a very different connection than what might be the result from a treaty in which the reciprocity of the compliance its obligations is what sets it apart.

Human rights treaties do not establish reciprocal obligations for the signatory states, but rather oblige them to achieve goals beyond their own material interests, and if they fail to comply with these obligations the offending State is called to respond to international organizations and the community of states.

September 5 2012