For six months Sandra has lived in Havana with her father. She’s 24 and is an “emerging” elementary school teacher. She used to work in her hometown, Holguin; but she left teaching because the salary wasn’t enough. Now she sells pastries in the doorways of Monte Street.
Sandra was saving to buy a little house. But the police caught her when she was selling sweets. They levied a fine for “speculation.” Then they put her on a train back to her province, for living in the capital without the right to do so. She was a victim of the application of Decree-Law 217 of April 22, 1997, which establishes “Internal Migration Regulations for Havana.”
The provision restricts the freedom of movement of Cubans from other areas of the country. It prevents them from residing, whether domiciled or living together, permanently and without authorization in the capital. The provision also applies to citizens from other areas of the capital who live in a dwelling located in Old Havana, Central Havana, Cerro, and Tenth of October, without the corresponding license.
Sandra has to ask permission from the President of the Municipal Administrative Council to live in the capital. She must prove to the Housing Department that she has the express consent of her father, as owner of the house. She also needs a document from the Municipal Architecture and Urbanism Department that certifies that the dwelling meets the minimum conditions for habitation, and that there are ten square meters of space for each occupant.
Once all the paperwork is completed, the young woman’s problem is not yet solved. The decision, yes or no, of the Municipal President depends on the opinion in the file that elaborates on the issue, from the Municipal Housing Office.
It is immaterial that the Constitution of the Republic in Article 43, allows Sandra, as a Cuban citizen, to live in any zone or sector. A right, according to the article, conquered by the Revolution, and if they have the right to give it they have the right to restrict it.
The “Historic Leaders,” concentrates all the power in the Executive Committee of the Council of Ministers, with the ability to grant or to restrict the rights of citizens. The validity of decree 217 proves that the Cuban government and its leaders have no desire to make positive changes. Meanwhile, cases like Sandra’s, common in Cuba, continue happening and the guilty parties go unpunished.