Cubalex, 11 September 2018 — Decree 349/2018 sets up a system of prior censorship of cultural and artistic activities and other forms of expression, violating the freedom to carry out creative activities and the right to develop the human personality. It also offends against freedom of thought, belief and religion: and the right to hold opinion, to associate and to peaceful assembly.
In the Constitutional Project of the Cuban Communist Party, there is recognised, among other things, in relation to all citizens (although not all persons) the right to education, to culture, and its comprehensive development. Every person has the right to participate in the cultural and artistic life of the country. Men and women have equal cultural rights and obligations. Citizens should protect the natural resources and the cultural and historical heritage of the country.
The state recognises that the forms of artistic expression and artistic creation are free, but affirms categorically that its content must respect the values of a socialist Cuban society. This statement is a tacit recognition that prior censorship will be employed to supervise the content of the forms of artistic expression and artistic creation.
According to the Committee of Economic, Social and Cultural Rights, in its General Observation 21: The right of every person to participate in cultural life (Article 15 paragraph 1(a)), and also the other rights established in the International Agreement on Economic, Social and Cultural Rights, imposes on the states three types or levels of obligation:
a) the obligation to respect;
b) the obligation to protect, and
c) the obligation to comply.
The obligation to respect requires the Cuban state to refrain from interfering, directly or indirectly, in the enjoyment of the right to participate in cultural life, which includes the creation, individually, or in association with others, or in a community or group, which implies that the state should abolish censorship of cultural activities imposed on the arts and other forms of expression. In other words, it is necessary to repeal Decree 349 and provide a constitutional project which may be supported by all of us.
(1) Art. 43 of the draft Constitutional bill
(2) Art. 45 section 1) of Article 91 of the draft Constitutional bill
(3) Section h) of the draft Constitutional bill
Translated by GH