The Star of “The Cuban Five” has Shattered / Laritza Diversent

Slogan: They will return!

 

The news of the declarations made by Gerardo Hernandez, one of the 5 heroes of the Cuban Revolution, has had a real impact.  The spy who is imprisoned in the United States proved that his own government is lying.  He acknowledged the fact that the shoot-down of two “Brothers to the Rescue” aircraft, carried out by Cuban Air Force pilots in 1996, occurred over international waters.

Since then, he has anxiously waited to hear the Cuban government’s version with respect to his declaration.  On December 31, in the press note section, the Granma newspaper made reference to a letter sent on the 28th by Belgian representatives and senators to U.S. members of congress.  This letter expressed concern for the “fate of the 5 Cuban anti-terrorists.”  This occurred one day after one of the spies made a declaration proving that his government had, without any justification, shot down two aircraft over international waters.

On January 1, Granma published four “messages from the 5 heroes.”  Three of these were signed by Antonio, Rene, and Fernando.  The fourth, which was dated December 15, includes the signature of all with a special recognition for Gerardo, assuring that in his case, “evil has the upper hand.”  This is a sign that they are preparing the grounds to justify his conduct.

I must admit that I received such news with much joy.  Once again, life has demonstrated that human nature is above any ideological conceptions.  It is time to question to whom Gerardo was being loyal: the magnanimous Revolution or the assassins who gave the orders to end the lives of four of his fellow countrymen.

I ask myself: how is it that the cause of the 5 is so boasted about throughout Cuba and among all its committees of solidarity spread out through the world?  Nothing can justify the events which occurred on February 24, 1996.  It can only be called one thing: State-Sponsored Terrorism.  The Cuban government lied, and will continue lying, in order to  achieve impunity.  I do not believe that the declarations made by Gerardo will make them change their position in any way.

Nevertheless, the assassination of the four Cubans is heavily weighing on the government’s shoulders, especially on the shoulders of the Castro brothers: the ailing Commander of the Revolutionary Armed Forces, and the President of the State Council, who are the same person.  Perhaps this is why he did not publicly attend the inauguration of the new Brazilian president.

Up to not so very long ago, there was only one man who was willing to pay for him.  Twelve years ago, the historic leaders had promised him that he would return, despite the fact that he was being sentenced by the American courts to a life sentence for planning an assassination.

We must acknowledge that they did try absolutely everything.  For each one of these spies, they jailed 15 dissidents, to simply use them as trading currency later.  Desperate or not, Gerardo grew tired of waiting and decided to fight for the most prized possession of any human being — freedom.

One week later, the people of Cuba do not know the disturbing confessions made by the chief spy of the Wasp Network in Miami.  It’s as if nothing has occurred, despite how transcendental his declaration was.  It seems that the star which represents the 5 will remain intact for some time, despite the fact that one of its tips has shattered.

Photos: Omar Santana

Translated by Raul G.

January 18 2011

Looking For the Guilty / Laritza Diversent

Heaven and earth came together for Danay when Lester, her ex-spouse, confessed to her with tremendous calm that he didn’t love her. He tried everything to save his 10 month-old marriage. The young lady, until yesterday a Christian, lost faith in God and in man. Today she is looking for the guilty party who left her with the bitter aftertaste of feeling used.

Danay de la Caridad Gonzales is 17-years-old. Since she was little her parents raised her in the dogma of the Protestant Christian religion. Today she resides in Mantilla, a marginal neighborhood of Arroyo Naranjo, the poorest area in the City of Havana.

Lester Martinez is 23-years-old and is a native of Palma Soriano, in Santiago de Cuba. He’s been living in the capital illegally for three years. The biggest test of his love for her was that he should convert to her religion, despite the scant grace that God gave her and her bony body, which gives her away as a legitimate child of the “Special Period”.

God put them together in a simple ceremony before the parishioners of her church. They lived together in one of the rooms of the girl’s parents’ house. A housing unit constructed on what had been, years before, a garbage dump. A few meters away, the streams of the neighborhood’s sewers run. The authorities declared the area unhealthy.

To conform to the laws of God and man, it only remained to legalize Lester’s situation in the capital. His having come from another province in the country required that processing take place according to what was set out in Decree 217/97 of “Migratory Regulations for the City of Havana.”

There was a detail the youths didn’t count on. According to the rules of the decree, the local authorities don’t recognize a home as having a “permanent character” when the housing unit located in the capital is in an unhealthy zone. The unconditional love of Danay could not prevent Lester putting an end to the relationship. It wasn’t known if God or the rules of Decree 217/97 wanted it that way.

“Why did you marry me?” asked Danay. The young man arrived at the capital in search of better living conditions. However, it was impossible for him to get the 150 pesos of convertible currency together that they charge for making the change of address official. Because of this, he couldn’t continue his studies nor could he work legally.

Lester was tired of living the gypsy life. Avoiding the fines imposed by Decree 217/97, he spent three months around Bejucal, and another three in Mantilla, in the house of the cousins who’d helped him get settled in the big city, the one he couldn’t know nor enjoy for fear that he might be recognized by a policeman and be deported to his place of origin.

Nothing justifies deceit, Danay decreed. She looked at the sky and asked “Where were you, God, that you didn’t spare me this deception? Why did you permit me to be used this way?” Then she looked at the ground and, with irony, said to the young man, “Until death do us part, or until you realized you couldn’t change your address?”

The Lord lost a sheep from His flock and Lester, despite his guilt, learned that it wasn’t enough to marry a resident of the capital to make his change of address official, and with that to exercise his right to free circulation and residency.

He’s still reluctant to return to his home province. In the future, he will remember that his future wife must reside in a healthy zone and in a housing unit with minimum conditions insisted upon by the migratory regulations of the City of Havana (more than 25 square meters of livable space plus 10 for each co-resident).

Danay feels victimized by everyone, at least by those who put Decree 217/97 into effect; a rule that turns a Cuban into an illegal in his own country. The same one that lets Lester, as a means of legalizing his situation in the capital, marry with or without love.

Translated by: JT

January 8 2011

A Typical Day in the “Cuban Way” / Laritza Diversent

A typical Cuban day is synonymous with a journey full of dangers. Not because of the gain or loss of a business, nor the ups or downs of market prices. Instead, because one must resort to illegal activities in order to survive.

The Cuban population tends to instantly consume whatever they get their hands on. For those who tend to be thrifty, one month’s salary could last them a week. As for the rest (which is the majority), between contracted debts, electricity, and the purchase of rickety subsidized food quotas, that salary is spent in less than 24 hours.

So then one is forced to live off of “inventions”– a word which in Cuba means “to live from whatever appears”. Or from whatever can be found daily, whether it be legal or illegal.

To live “the Cuban style” means to buy and resell absolutely anything, keeping in mind that such an action could be considered a crime of “reception of stolen goods”, speculation, or monopolization. It also means to turn to the black market, which always has a better stock than the state market and which always has more affordable prices.

It means to keep your eyes wide open because in each block there are eyes which are constantly watching, even though those eyes (which belong to the members of the Committee for the Defense of the Revolution) are very well aware that no one can live off of the earned salaries.

The “watchers” tend to be suspicious of neighbors with higher economic income. They automatically think that such wealth comes from remittances sent by relatives abroad, or because they live off of “inventions”, or in other words, illegalities.

For the authorities, such a presumption is valid. The improvement or increase of quality in a citizen’s life is a sufficient cause to unleash a confiscation process against them under the pretext of “illicit enrichment”. In this case, the charge of the proof is inverted. It is the individual who must prove to the authorities that their assets do not stem from illegality.

Besides, Cubans have the duty of denouncing the events which transgress the law. The failure to fulfill such an obligation is listed in the Penal Code as a crime. It is all designed and arranged very well. In order to facilitate its job against illegalities, the government created a complex network of anonymous denunciations. Such denunciations are usually products of envy, personal grudges, or low levels of ethics.

The prosperity of one neighbor may worry or bother other neighbors who have accumulated years of frustration and find themselves in a stagnant kind of life. And the thing that pushes one to “snitch” could be something like an argument due to music being played very loud, a dispute among children, a disagreement over the limits of an adjacent property, or simply if someone does not like another person because they are rude and does not say hello to anyone.

In other instances, snitching is used to obtain impunity. People who think like that exist in every neighborhood, and their philosophy is something like this: “I engage in illegal business, so that’s why I take part in denunciations and snitching on what others do, so that I am allowed to continue my own illegal activities.”

It’s a very difficult and twisted concept to grasp, especially for foreigners. But it is something that has become normal in Cuba. In a matter of necessity, of survival. It’s one of the main sources which inform the authorities and it is known as “operative secret work”. For revolutionary justice, a denunciation is proof of irrefutable culpability.

There is one reality: daily life not only forces you to violate the law, but it also offers you some “paths” to take to lighten your own load. It doesn’t matter if it’s to achieve impunity, but it is a necessity to give out information about the lives of others.

In sum, “my stuff comes first” is the maximum slogan of national survival. It is essential for living “the Cuban way”.

Translated by Raul G.

January 7 2011

The Government Encourages Migration and Xenophobia in the Capital / Laritza Diversent

Forty-three year old Ana Luisa Millares, a native of Holguin province, has been living for less than 8 years in a neighborhood in the capital. No one knows how, in such little time, she was able to get a phone line and a mission in Venezuela. She returned with all sorts of electrical equipment and with sufficient money to construct her house in less than 12 months.

Quite a few neighbors are actually bothered by the increased quality of life of Mrs. Millares. In an entire lifetime, many have not been able to achieve what this woman has. With a very disrespectful tone, and behind her back, they call her “the Palestinian”. This nickname has always been used by those who were born in the capital to refer to people who come from the Eastern region of the country.

Migration, mainly from the countryside to the capital, is determined firstly by difference in economic and social development from different regions of the country. Meanwhile, the government overlooks the Eastern natives, and they undertake the work which people from the capital reject.

Very little is spoken about this, if anything at all. At present day, there exist no sociological analysis which explain the mistrust of Eastern-born Cubans by Havana natives. In fact, legal norms installed by the government put in place to halt immigration to the capital, like the case of Decree 217 from the Executive Committee Ministry, actually promote this apathetic sentiment.

Some explain the situation through historical events. According to what they say, when the guerrilla fighters, who were mostly Easterners, arrived to Havana in January 1959, they destroyed the capital. As they became the dominant group, they took over all the best land and property of the city for themselves and for each of their family members. Since then, the situation is as the song by Los Van Van says, “Havana can’t take it anymore”.

Among Havana residents, there exists another hypothesis to explain this situation. Some suggest that it is an issue of idiosyncrasy. This notion states that Eastern natives are generally staunch supporters of the government, and at the same time the most hypocritical ones. In order to avoid the fury of inspectors from the Department of Confrontation because of her illegal structures under the Municipal Housing Direction, Ana Luisa assumed presidency of the Committee for the Defense of the Revolution.

To back up such a thesis, they mention that the main government members of the island nominate and choose themselves through Eastern territories. Also, it is a reality that Eastern residents are the ones that mostly make up the repressive force against the people of the capital, the police. Such a job is rejected by capital natives, even before the Revolution triumphed.

This has even been acknowledged by the President of the State Council, Raul Castro, in his speech given during the closing of the first parliamentary session of 2008, when he assured that “if Easterners don’t come to take care of those in Havana, then robbery will thrive.” This phrase has more than just one interpretation.

In truth, it is the government itself that encourages migration from other regions of the country towards the capital. Castro, also the top General of the Military, asked, “Who will construct and build in Havana if people from all over the country don’t come, especially those from the East? Even teachers must be brought from the interior provinces, especially form the East. And I think the capital is the one which harbors most inhabitants.”

This situation has led to the phenomenon that in Havana, the capital of all Cubans, Eastern natives are more vulnerable from a sociological point of view. In fact, some attitudes can be considered as xenophobic. In all of this, the government is the culprit. On one hand, they halt migration by violating fundamental rights of people, while on the other hand they promote it, at their convenience.

Translated by Raul G.

January 2 2011

Cuban Laws Destroy the Principle of Innocence / Laritza Diversent

“One accused is presumed innocent, as long as he has not been convicted.” The principle is regulated internationally in the Universal Declaration of Human Rights, but for the Cuban state it is irrelevant, despite having pledged in 1948 to respect the rights contained in it.

When it comes time to legislate, ignoring the most basic respect for the law, what matters is to apply “drastic measures and make an example of” those who dare to take advantage of the conquests of the “Socialist Revolution.” Nor do they take time to reflect on the guarantees that the constitution of the state is obliged offer.

In 2003 the Council of State, chaired by the ailing Fidel Castro, enacted Decree 232 which imposes confiscation or loss of rights, by administrative authority, on the owners of private houses or locales where acts of corruption, prostitution, pimping, human trafficking, pornography, corruption of minors, etc. occur. It also applies to owners who lease their property without legal authorization.

The application of this provision assumes that “citizens’ ownership of housing and land is the result of revolutionary work for the benefit of working people. ” It declares it unacceptable that unscrupulous people take advantage of the socialist spoils for profit and personal enrichment.

As can be seen, in these cases the Council of State authorized the Provincial Housing Department to confiscate personally owned real estate. The procedure is simple. The Prosecutor or the Ministry of the Interior is required to submit the criminal investigations to the administrative body which, after 7 days, gives the order to confiscate.

I do not question the need to “combat with major rigor and energy” these evils. However, it is unacceptable that in the suppression of this conduct they should violate human guarantees, such as the presumption of innocence. Decree 233 is applicable regardless of what is determined by a court in a criminal proceeding.

If those prosecuted under this provision are found guilty by the courts, they are doubly penalized. They lose their freedom and their possessions. If found innocent, they are punished for no reason.

In either case there is a violation of fundamental rights. The victims of this provision do not have an effective remedy before national courts for protection from administrative acts that violate their rights recognized by the State Constitution of the island, which “guarantees the ownership of housing to those who possess a fair title.”

Those affected by Decree 232 have only 3 days after the notice of the confiscation order to challenge it — through a review before the President of the National Housing Institute — but this challenge does not disrupt the exercise of the confiscation.

The Civil Procedure, Administrative and Labor Law anticipates an administrative dispute process against acts and decisions of agencies of the State Central State that violate citizens’ rights. However, the provision issued by the Council of State does not permit the appeal of the decision of the Director of the National Housing Institute, neither administratively or judicially.

The exercise of human rights in Cuba is restricted and violated by the law. Decree 232 is an example. In its application, it destroys the presumption of innocence and places the citizen in a defenseless position.

Translated by Rick Schwag

December 23 2010

Alcoholism, an Escape from Reality / Laritza Diversent

It is the third night that Roger Martinez, a young man of 35, comes home drunk. His wife cannot handle this situation any longer. She had to ask her neighbor for two eggs to accompany the white rice she made for her children’s dinner. Meanwhile, she wonders how her husband manages to get money to intoxicate himself nearly every single day.

Daily, Roger goes out to search for a job, but a self-employed job. He’ll clean a backyard, he’ll do some construction in certain homes, etc. He does not have a specific occupation, but he does anything in order to live day to day. For him, working in the street means more income than he would make with a monthly salary. All in all, however, it is still not enough to get by.

Before, when he would lay his head on his pillow, he would think of the different ways he could resolve the economic difficulties that awaited him the following day. He had to figure out a way to pay for all the electrical appliances given to him during the “Energy Revolution,” to continue supporting his children, to get food, to repair the house, etc.

Now, his situation has only worsened. To work for himself and at his own risk he needs a government license. The Tax Administration Office of his municipality has required him the guarantee to be a grocer, dependent of the centers which deliver the subsidy quota, that way he will be accredited that he is not a “debtor of the nation.” On the contrary, they will not let him operate as a self-employed citizen.

Martinez now finds himself in a dilemma — in order to work legally, he has to settle his debts with the State. The problem lies in the fact that he does not know how he will get more than 10 thousand pesos to pay for all the appliances given to him by the benevolent Battle of Ideas. He can barely even guarantee food for his children.

He has no other option but to work illegally and to incur one of the legal violations that come along with self-employment. Infringement is punished by a fine of 1,200 pesos, and that’s just for taking part in activities that are “legally authorized” without presenting the proper documentation which certifies him as a self-employed worker.

Roger wonders where he will get the money from if this happens. His problems do not diminish, instead they grow. The only solution for the time being is to not think. Either way, the only alternative to survive is to run the risk and work “on the left”*, as they say out on the streets.

His day starts at 6 AM in the bar at the corner of the street. At that time, he gulps down his first drink of the day. He ends up stumbling and talking to himself on the way back home. Drinking alcoholic beverages has become his main attraction, as a way to not face his frustrations and weakness. An escape from the harsh reality, a remedy to not have to think.

Translated by Raul G.

Costly Dreams / Laritza Diversent

José, with his 35 years, dreams of driving a convertible silver Audi. His eyes are open, it was not difficult for him to come back to reality when his fan stopped due to a blackout. The heat of the night activates his brain. He thought of a solution for his existential problems.

He wanted to prosper economically, but was convinced that anything he thought up would carry him over the line to illegality, and with it, the possibility of going to prison. “If I were Mexican, I’d risk my life crossing the border,” he said to himself. But he was in Cuba, a country that strictly regulates departures from the country.

He devised a plan to cross the 90 miles of sea that separated him from his American dream. Building a rustic vessel that he generously called a boat. He invited his two best friends to join in his enterprise. Each looked for two iron tanks (55 gallons), the kind that people commonly use to store their water reserves.

They began their work in the living room of his house. First they sealed the containers with no more than 20 liters of water inside. Then, they joined them together with angle brackets leaving space between them to put inflatable truck tires. They only lacked the installation of the keel to break the waves, when they heard a knock at the door.

They jumped out of their skin when they saw the chief of the sector, accompanied by two policemen in a patrol car. First they said that neighbors had complained about the noise of hammers and engines, and then that they had information that they were building a boat to leave the country.

They came with a search warrant which they executed on the spot. They seized what didn’t look much like a boat, and took them as detainees to the police station. To their astonishment they released them five hours later, without any penalty.

They were naive, because 15 days later they received a decision from the Harbor Master imposing a fine of 3,000 pesos in national currency, for building a boat without permission.

The infraction, described as very serious, is characterized in Decree Law 194 of June 19, 1999, “Of the infractions with regard to the possession and operation of vessels in the country,” supplemented by Resolution No. 2 of December 7, 1999 of the Ministry of the Interior which establishes procedures for its implementation.

The rule issued by the Council of State, considers 14 offenses and classifies them as minor, serious and very serious, punishable by fines ranging from 500 pesos to 10,000 pesos, including the possibility of subsidiary punishment of forfeiture. The Harbor Master is authorized to implement the sanctions.

José added to his already overwhelming economic problems a fine that exceeds what he could legally earn in a year. They say it costs nothing to dream, but trying to realize a dream can be very expensive.

Translated by Rick Schwag and Ivana Recmanova

December 25 2010

Cuba Also Has Anti-immigrant Laws / Laritza Diversent

Not infrequently, the Cuban government has spoken out against anti-immigrant laws in developed countries. However, nobody could imagine that there are legal regulations on the island similar to SB 1070, which was passed by U.S. state of Arizona on April 23 and which authorizes state police to arrest people suspected of being an illegal immigrant.

In 2008 the National Assembly expressed its rejection of the Return Directive approved by the European Parliament, calling it a blatant and shameful violation of human rights, the Convention on the Rights of the Child and various international regulations. However, it lets the government punish a citizen who stays in the nation’s capital without permission.

The only difference between the U.S. state and Cuba is that, the former adopted a single legal standard, and on the island there are several: Decree 217 “Internal Immigration Regulations for Havana” of 1997, Decree No. 248, “System of Identification and Registration of Voters” and its rules, and Resolution No. 6 / 07 of the Interior Ministry, both from 2007.

The last two make it illegal for a citizen to live in a new home for more than 30 days without submitting a change of address and his entry in the Registry of Addresses. In addition they require that Cubans over the age of 16 must carry and show identification to the authorities and their agents, whenever requested.

Since 1971, the Cuban government controls the movement of citizens within the national territory, through the Population Registry and Registry of Addresses. These institutions are run by the Ministry of the Interior, a State body responsible for controlling the country’s internal and external migration, complemented by the record books kept by the Committees for the Defense of the Revolution.

For its part, Decree 217 prevents people from other provinces from residing in Havana, the capital of the country, without prior government authorization.

The regulation issued by the Executive Committee of the Council of Ministers establishes a system of personal offenses punishable by fines ranging from 200 pesos to 1000 pesos in national currency, for those who violate its provisions. In every case it requires the offenders to return immediately to their place of origin

The application of this provision also violates personal freedom because the law enforcement agencies are authorized to detain, arrest and deport to their places of origin, people suspected of being an illegal in the capital. However, no criminal regulation criminalizes the stay in the capital as a crime.

There is no doubt about the hypocritical attitude of a government that defines itself as a defender of human rights and criticizes the European Union and the United States for their anti-immigrant policies, when it severely restricts its own nationals from freedom of movement within the island.

Translated by Rick Schwag

December 27, 2010

Cuban Society Seems to be a Theatrical One-Act Farce / Laritza Diversent

The newspaper Granma has called the meetings of country’s social sectors, to define what the economic model should be in future, an unprecedented and improbable event in the contemporary world.

The Newspaper is devoted to making us feel that we live on another different planet. It is sometimes hard to understand Cuban socialists’ form of expression. Is it irony or just a joke? I can’t call it ingenuousness.

Who would think to mention the word ‘define’ to characterize the supposed debate of the Economic Guidelines of Socialism for the next five years? One would have to be a demagogue to assert that the proposed policies will be analysed by our political leaders.

It would be naive and exaggerated to declare that 15% of the guidelines will be redefined after debates with the population in a system where planning and state control come first, and where the only economic actor favoured is State.

Let’s look at the Guidelines in their current formulation with an authentic and radically revolutionary intention, as Granma suggests in its propaganda for the VI Communist Party Congress. Let’s take two points of the Guidelines: The concentration of properties in individuals and legal entities will not be allowed; and higher taxes will be levied on higher incomes.

Let’s think about the problem: the island needs an economic recovery and Cubans want changes; for example, a free market and the abolition of the dual currency. Logic says that if the State Sector has a surplus of more than a million of workers who are already being laid off and if, in the new circumstances, they should support themselves in some way, then the State should give advantages and facilities to the new actors who are capable of generating the jobs that many families will depend on.

The Guidelines say nothing about these aspects. On the contrary, they contain obstacles that impede economic development and the social progress of Cubans. If they ask me what results will be obtained, vis-a-vis the public debate, I predict countless judicial processes for tax evasion, for fattening corruption and a flood of confiscations for illicit enrichment.

None of these topics will be on the agenda of the communists leaders for next April, when they plan to celebrate VI Congress. New policies are defined in accordance with the interests of those who lead and control the country.

Cuban society seems to be a vulgar theatrical one-act farce, and the majority of the population, a simple spectator. It is improbable that in any other part of the world the destiny of more than eleven million people would exclusively depend on the will of a few.

Nor will there be, this time, debate or a real discussion, just demagoguery. Everything is already decided.

Translated by: Antek
December 21 2010

Economic Readjustment at the Expense of Rights / Laritza Diversent

The Cuban government recently released its draft guidelines for economic and social policy, for approval at the next congress of the Communist Party of Cuba, scheduled to be held in April 2011. Apparently during the next 5 years the issue of fundamental rights of Cubans, mainly workers’ rights, will be off the state’s agenda.

In Cuba the economic system is based on the “socialist state ownership of all the people” over the basic means of production. The new update of the economic model takes a series of measures to eliminate subsidies, gratuities, and paternalistic treatment, but does not mention citizens’ guarantees against the power of an administration that is completely unresponsive to its constituents.

The socialist state continues to appear as the only entity capable of satisfying the general interests of Cuban society, both at the individual and collective levels. The new policies strengthen its enterprises at the detriment of the rights of workers.

This strategy was already put in practice with recent legislative changes undertaken by the State Council, which have as their main objective the elimination of the legal responsibility of the “socialist state” and its enterprises for the protection and relocation of redundant workers.

In the face of this excessive power of the socialist administration, labor guarantees are minimal. State enterprises have the authority to carry out restructuring plans, to make mass layoffs, and to question the ability of workers, citing lack of fitness.

The worker’s only means of defense is with a “Labor Base Justice Body”, one of whose members represents the administration of the entity that did the firing, or with the courts, which under the constitution receive direct instructions from the Council of State, the same body that enacted the measures restricting the exercise of workers’ rights.

There is no right to strike, and demonstrations are allowed only if they are organized by the state itself or its mass organizations. Anyway, the Constitution makes it clear that no civil liberties can be exercised against the existence and objectives of the socialist state.

Obviously the rights of citizens are not on the priority list of the Cuban state. The economic readjustment seeks only the survival of a system that has conclusively proven to be ineffective, and the staying power of the longstanding historical socialist leadership, at the expense of the welfare of Cubans.

Translated by: Tomás A.

December 19, 2010

Waiting for Changes in State Policy / Laritza Diversent

After two months, uncertainty fills the Cuban scene. The government still has not specified the principles that will govern self-employment. Meanwhile, the number of the unemployed and the expectations of the population are increasing.

One of the concerns raised is whether the government will grant rights to the self-employed in order to extract administrative concessions, bearing in mind that it considers the activity of individuals as an adjunct of the state.

Up to now it has said nothing about this. But several of the activities authorized for self-employment are related to the exploitation of mineral resources, such as quarrying, and producing pottery items for sale.

Others, like producing and selling granite and marble items, remain stalled, according to the official newspaper Granma, because there is no legal market for acquiring the goods.

The Ministry of Basic Industry is authorized to grant or deny mining concessions for small deposits of certain minerals, recognized by the Constitution of the Republic as properties of “socialist state ownership of all the people.”

Two years ago, the citizen Amada Pupo Cisneros presented an application to the National Office of Mineral Resources for exploitation of mineral clay in the town of La Estrella in Las Tunas. His claim was rejected by the recently deposed Minister of Basic Industry, Yadira García Vera.

The former government official denied the right on the recommendation of the National Bureau of Mineral Resources, which determined that the request by Pupo Cisneros was contrary to the general principles of the practice of self-employment.

Since 1992, state assets can be transmitted, wholly or partially, to the proprietorship of private persons or corporations, with the prior approval of the Council of Ministers or its Executive Committee. But the government only recognizes this right for foreign investors.

Cuban nationals like Amada Pupo are excluded. Their participation in the national economy is seriously limited by the Constitution, by Decree-Law 141 of September 8, 1993, “On Exercise of Self-Employment”, and by other complementary legislation regulating this right.

Article 21 of the Constitution recognizes private ownership of the means and tools for personal or family work. But it restricts that right by prohibiting their use in obtaining income from the exploitation of the labor of another.

Despite being a constitutional right, in the last parliamentary session the President of the Councils of State and Ministers, and a member of the Politburo and Deputy Secretary of the Communist Party of Cuba (PCC), announced that his government would lift some restrictions on the exercise of self-employment, including hiring labor.

Nevertheless, the government made clear that it will maintain its policy of identifying, monitoring, and controlling these activities, and who can perform them. It will also oversee the conditions of marketing the products and services of the self-employed. According to the newspaper Granma, an official organ of the PCC, the measures will become effective, without specifying the day, starting in October.

So far, the socialist government denies its nationals the right to draw on public services, natural resources or public works, although the law gives them that possibility. We will have to wait and see if they change the discriminatory principles of state policies and its system of exclusion. It is time that the Cubans become involved, on equal terms, in their own economy.

Translated by: Tomás A.

December 17 2010

Economic Guidelines Ignore Policies of Segregation on the Island / Laritza Diversent

The draft guidelines for economic and social policy proposed by the Cuban communists declare that equal rights and opportunities exist for all citizens, not egalitarianism. But at no point do they give respect to the rights of Cubans.

On the contrary, inherent in the “Update of the Socialist Economic Model” is the continuing discrimination against Cubans in favor of foreigners, principally when it comes to participating in the national economy.

The island’s communists continue promoting the participation of foreign capital, while precluding the formation of capital by nationals, by excessive regulation and state control. Notwithstanding that the Cuban Constitution treats foreigners and nationals equally in the enjoyment of rights.

While only foreigners are allowed to join with the state in large businesses, Cubans must comply with limits on their activities that impede the progress of individuals and families. Is this what they call equality of rights and opportunities?

It is no secret that foreigners enjoy a privileged position in Cuba, from an economic and social standpoint. Of course these freedoms are not a response to external pressures, but are purely government policy.

While a self-employed Cuban must pay tax, up to 50% on income over 50,000 pesos, foreigners pay a maximum of 30% on their profits. The policy is to apply higher taxes on higher incomes, hindering the activity of Cubans in their own economy

The new regulations on self-employment are pure formalities. They still do not encourage new participants, who have the responsibility of contributing to the burdens of state, creating jobs, and increasing productivity in the country. Nor do they take into account that many families depend on the progress of the activity of the self-employed.

It is fair to say that foreign investment in Cuba brings benefits to the economy. But it is not the sole solution for addressing the overwhelming problems, nor a justification for a policy of discrimination.

In the Cuban Constitution, discrimination on the basis of national origin is prohibited, and punishable by law. But there is still no legislation giving effect to this principle. Moreover, the government itself implements policies of segregation, which prevent its citizens from investing in their own economy, from being responsible for their own fate.

Translated by: Tomás A.

December 15, 2010

Yunia Continues Living on the Edge of Suicide / Iván García and Laritza Diversent

Yunia Palacios, 30, is a potential suicide. You can tell by looking at her. She and her three children live poorly and eat worse. She is a mulata Indian with mild mental retardation and an almost animal life.

Her history is an ordeal. For the official media there are no people like Yunia. But there are. And the number is growing sharply.

She was born in the steep and hot city of Santiago de Cuba. She has always been unhappy. Typical. Daughter of alcoholic parents who abandoned her to her fate. At age 12 she embarked for Havana — the Miami of those living in eastern regions — and fell into the clutches of a guy who while she slept while poured his semen on her child’s body.

She escaped. Running away is her natural state. Wandering dirty and hungry along the National Highway she stumbled upon a bastard, three times her age and evil. He beat her at will and impregnated her three times.

The guy, a low-class thief, went to prison for killing cattle. Obediently Yunia visited him in jail. When he was released he threw her and their three children out of their home. Well, not exactly a home.

They lived in a hut of palm leaves with a dirt floor. They slept on a filthy mattress between cockroaches and mice. Yunia returned to spend the night, trapped. This time with an additional charge, their three children.

The girl has gone to different levels of government to seek a shelter or a room to live in. She always gets the same answer: wait. Desperate, she thought of jumping off a bridge 40 meters high.

If she died, she thought, state institutions would take care of the children. But her blood did not flow into the river. Lawyers and independent journalists visited her and reported her case in 2009.

As usually occurs in Cuba, the situation is aired outside the island. And on occasion they give an official response. But there is still an ordeal for Yunia: The authorities said they could stay at the home of the father of her children.

The ideal would have been to provide her with a modest apartment or room. “The economic situation,” replied the officials. And she had to return to the hut of her executioner.

When at night the children’s father violently beats her, Yunia runs to a small hill surrounded by marabou bushes. There, in silence, she thinks about the best way to die.

When the sun shines and shows the green of the countryside, among the songs of mockingbirds and morning dew, Yunia reverses her suicide plan. Hope is reborn in her.

She begins to daydream. One day she will live in a house with their children be able to eat enough to satisfy hunger. It’s all she asks.

Her dream end when she returns home. With each new beating, again her head is filled with the option of suicide. Yunia has never discarded it.

Iván García y Laritza Diversent

September 21, 2010

“The Little Rafter” and His Fourteen Attempts / Laritza Diversent

People in his neighborhood call Pedro Luis García El Balserito, the Little Rafter, because of the number of times he has attempted to flee the country – always by sea. He has yet to reach his goal, but he says he’ll never cease his efforts, and that the only way to stop him is to lock him up.

El Balserito can recite from memory Article 13 of the Universal Declaration of Human Rights, rapping: “Everyone has the right to freedom of movement and to choose to reside within the borders of a state. Everyone has the right to leave any country, including his own, and to return to his country.”

In Cuba, exiting or entering the national territory is subject to legal requirements. Failure to comply with the law is a crime punishable by fines of 300 pesos to 500 thousand pesos, or a sentence of up to 3 years imprisonment, or up to 8 years if the offender used violence or intimidation against other people or used forged papers.

No one would believe that “rafter”, who is just over five feet tall and under 100 pounds, has made fourteen attempts at illegal departure from the island. Nine of his adventures, which occurred between 1998 and 2004, were frustrated by U.S. authorities.

He was returned in compliance with the existing imigration agreement between Cuba and the United States, in place since 1994, signed after the mass exodus that took place at various coastal sites in August ’94. Pedro Luis was then a 12-year-old adolescent.

Despite its being a crime, he was never punished. The State, in compliance with the bilateral treaty, agreed to suspend the application of legal sanctions against the boat people who were repatriated to the island.

In four of his last attempts, the “rafter” had to return voluntarily, given the poor technical condition of the raft, as these rustic boats are referred to in Cuba. In the latest attempt, less than eight months ago, he was caught red-handed by Cuban border guards, nine miles from the coast.

It unfolded in the same manner as the previous attempts. But this time, when he returned home, there was something different. A month later, the Captain of the Port of Havana reported a decision in which the rafter and every one of his traveling companions had to pay a fine of eight thousand pesos for violating the regulations on possession and handling of boats.

Pedro Luis and the others were guilty of four of the 14 violations that are covered by the Decree-Law 194, “From the infringements on the possession and operation of ships in the national territory,” described as ‘very serious’ by the decree itself.

The fine was for boat-building without authorization, for using illegally obtained means, for operating without being registered in the Port Authority, and for navigating waters without permission.

The decree, issued by the State Council, authorizes the Port Authority to apply the forfeiture and civil penalties, the amount ranging from 500 pesos to 10 thousand pesos, depending on the classification of the violations: minor, serious and very serious. It also punishes recidivism or the commission of several offenses.

Pedro Luis did not expect this. In fact, he didn’t even know there was such a rule. He does not understand why the Port Captain citation made no reference to leaving the country illegally. “Well, if not for one thing, it’s for another, they always keep an ace up their sleeve,” he says.

Anyway, the “rafter” has no income or assets to pay the fines. On the other hand, he is convinced that he should attempt to flee the country. “Better to die trying and much better than ending up in prison for not paying a fine.”

Translated by Karen Chun

November 19, 2010

Legal Process to Officially Cite a Citizen / Laritza Diversent

Procedural law governs, albeit sketchily, its own process. In concept, the governing body must substantiate, by its own judicial decision, before the clerk of the court, the reasons for its decision. Then the judicial officer signs and issues the respective warrant. The process should ensure that citizens are not unnecessarily disturbed.

Under Article 91 of the Criminal Procedure Law (LPP), the official citation is in effect, “not later than the day following the issuance of the decision … under which the summons is made …” This means that the first step of an authority which intends to cite a citizen will be to issue a ruling.

From the discussion in section 177 of the LPP, it is clear that the court decision taken by itself: “when the examination of a witness is urgent they may be cited orally to to appear immediately, without waiting for the issuance of the citation referred to in Article 86, with the documents themselves referring to the reason for the urgency. ”

Article 43 of this body of law clarifies that the citations are drawn up and signed by the investigator, prosecutor or all judges of the court, as appropriate, and the acting secretary. Hence the first requirement to be met by an official citation is the expression of the authority that ordered it and the signature of the secretary.

Compliance with this legal requirement is easy to check. Procedure Law, Article 35 provides that “Any writing that is made or received (in court) shall be recorded in the book by which it will take effect.” Moreover, the law itself requires that “The actions and proceedings of the preparatory phase be recorded in writing, and put into the file …” (Article 108 Criminal Procedure Act).

Conclusion: The resolution requesting a subpoena to a citizen must be in writing in the investigative record and in the book of the clerk to that effect.

October 25, 2010