What Rights are Affected or Restricted by Decree 349/2018? / Cubalex

T-shirts: Criminal Artist

Cubalex, 16 August 2018 — The Cuban State ,through Decree No. 349 of April 20, 2018, has deliberately adopted regressive measures without consideration or justification that disproportionately influence the exercise of civil, political, economic, social and cultural rights.

The decree limits equal access to worthy work to all people. It institutes forced labor by obliging artists to qualify with and establish links to a state institution in order to obtain remuneration for their work.

It establishes a system of retroactive censorship for cultural activities, the arts and other forms of expression, violating freedom for creative activity and the right to the full development of the human personality. It also violates the freedom of thought, belief, religion and of opinion, association and peaceful assembly. continue reading

Independent artists or those who do not have associations with the institutions of the state or groups of civil society will see themselves doubly discriminated against because their forms and means of expression are perceived by the state as a challenge, or an expression of political opinion.

It stimulates and promotes discrimination based on political opinion. It does not respond to any pressing public or social need. It does not pursue a legitimate purpose and is not compatible with the provisions, aims and objectives of international human rights law. It is not strictly necessary for the promotion of the general welfare of a democratic society.

On the contrary, it violates the principle of prior responsibilities that ensure respect for the rights or reputation of others, and the protetion of national security, the public order or health or public morals. With this decree victims are not needed, nor are affected groups or denunciations, and it does not take into account the guarantees of due process for the accused. The agents of the State will decide in a discretionary, selective and discriminatory way if any artistic manifestation promotes discrimination, violence or uses sexist, vulgar or obscene language.

Artists were not consulted before the adoption of Decree No. 349/2018 and the resolutions of the Ministry of Culture (MINCUL) that implemented this cultural policy. They are totally unprotected. They have no means to participate in the direction of public affairs nor in the process of formulation, application and adoption of public policy decisions that affect the exercise of their cultural rights.

They do not have access to effective judicial remedies or other adequate resources to obtain reparation, restitution, compensation and satisfaction or guarantees of non-duplication, in the event of possible violation of their moral and material interests. There are no mechanisms in the country to challenge this Decree in case of illegal, abusive, arbitrary, irrational or discriminatory application.

This article was first published in Cubalex.

Translated by Wilfredo Díaz Echevarria

Open Letter to All the Cuban Artists and Intellectuals

A group of artists are protesting the decree and are being repressed.

14ymedio bigger14ymedio, Sandra Ceballos, Havana | 14 August 2018 – Cuban artists and intellectuals have to unite. Cuban artists and intellectuals can not remain passive in the face of such ignominy and repression. In many parts of the world people have the right to disagree and demand justice, demand modifications and changes. There is also the right to demonstrate and strike. Of course, in places where there is democracy, the individual thought of man is respected.

Most of the artists and intellectuals do not agree with the entire Decree of Law 349, but they speak behind closed doors and not in public. Nevertheless,  there is a group of artists who are protesting and are being repressed, imprisoned and physically injured. They are accused of delinquency and mediocrity, a strategy that is very vulgar and pathetic; but, for the most part,  these are young intellectuals and artists who are raising their voices publicly, who are just thinking about our economic assets and properties, international events and family peace. What a shame!

Some of these artists, like Amaury Pacheco and his wife Iris (from Omni Zonafranca), have four children, live in precarious conditions and dare to defend our cause. Others like Yanelys Núñez and Luis Manuel Otero have for several years performed, exhibited and sculpted. Of course, I understand the discrimination, since he did not graduate from ISA (Higher Institute of Art), nor from San Alejandro, and therefore is not a member of the institutional guild. What a pity. Of course not a pity for him, but for the guild. Undoubtedly these artists are fighting for the right to independence of  their ideals, the right to disagree, and the right to choose, which are nothing more than human rights. continue reading

The events in the San Isidro neighborhood clearly demonstrated to the world the violence and mistreatment perpetrated by the Cuban authorities towards the artists. But something very shocking happened: the neighbors of the community came to the defense of the artists and expressed their indignation at the actions taken against them. Finally, repression generates rebellion. Violence generates violence.

If we do not unite, we will end up having to ask permission to hang our works on the walls of our homes and studios; we will have to allow the authorities to enter our houses  and take away our equipment and personal property; we will have to present projects to the authorities for approval before we can celebrate them in a  party in our homes.

It will be necessary to ask the institutions what subjects we can adress in our works, we will have to forget that the patriotic symbols represent us, we will have to look at them as something unattainable, untouchable, alien. We will have to lower our heads in order not to lose the legal status of the Creator’s Registry.

The artists that do not belong to the small institutional ghetto will end up selling pizzas or fritters, or worse, painting slogans or the antique cars seen on the streets of Havana. This is going to end very badly if we continue to allow them to mistreat those who are raising their voices for us if we do not support them.

I ask myself where are the Cuban intellectuals and artists, where is the warrior spirit that Maceo taught us, where is the solidarity and dignity of the Cubans. Until when will we be sitting on ambition and selfishness. Will we have to wait until they have died in the ditches or other “accidents”? We must go to the institutions and express our disagreement, we must sign the letter opposing Law 349 that is circulating on the internet. Do not let the authorities divide us by sowing distrust and fear amongst ourselves. Let us not allow their blackmail and threats.

If we do not unite, we will say in chorus: Happy new 1960!

Translated by Wilfredo Díaz Echevarria

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The 14ymedio team is committed to serious journalism that reflects the reality of deep Cuba. Thank you for joining us on this long road. We invite you to continue supporting us, but this time by becoming a member of 14ymedio. Together we can continue to transform journalism in Cuba.

Venezuelan Migration Overwhelms the Region’s Borders

Venezuelans looking for work in the Brazilian city of Boa Vista. (File / EFE)

14ymedio biggerEFE / 14ymedio, Havana, 11 August 2018 – The pressure of migratory inflows from Venezuela on the countries of the region led Ecuador, this Wednesday, to declare a state of institutional emergency in the provinces of Garchi, Pichincha and El Oro, while in Brazil this week the authorities closed the border with its northern neighbor for 20 hours after a court order, specifically in the state of Roraima, the main gateway for Venezuelans fleeing the economic, political, and social crisis of their country.

In the case of Ecuador, a country with which Venezuela does not share a border, a statement from the Foreign Ministry indicated that “in recent days, the flow reached 4,200 entries daily”. The fear that the new Colombian president, Iván Duque, might close the border, has intensified the arrival of Venezuelan immigrants in recent days in search of a destination in the south of the continent.

In 2017, 288,005 Venezuelans entered Ecuador, a figure that is likely to be surpassed this year, judging by the crowds on the border between the two countries. continue reading

The main gateway to Ecuador is the Rumichaca pass, on the border with Colombia, totally congested in recent days. From there many of migrants move to the capital, Quito, with the intention of continuing their journey to the south and crossing into Peru, and even reaching Chile.

The state of institutional emergency will last throughout the month of August, although it could continue according to the circumstances at the border crossing points.

According to a statement from the Ministry of Health, it will “strengthen medical care with a greater number of doctors.” The deployment will include a group of social workers and psychologists, especially for vulnerable groups (children, adolescents and women), as well as humanitarian aid to meet primary needs.

Meanwhile, in Brazil, the differences between the government of Roraima and the Federal government caused the temporary closure of the border. The lawsuit filed with a federal judge by the local authorities, who have seen about 50,000 Venezuelans arrive in the past year, was later annulled by the Federal Regional Court of the First Region.

“Closing the border means not recognizing the immigrant as equal to the Brazilian,” said the Court, while the country’s Minister of Security, Raúl Jungmann, hinted that the request for border closure suggested by the authorities of Roraima might be linked to internal political issues of that region, ahead of the elections that will be held this coming October in Brazil.

Jungmann considered, on a personal basis, that the decision to request the closure of the border may have had some “toxic interference of the elections,” which he affirmed would be “intolerable,” since “that issue can not be included in the electoral contest. ”

The minister pointed out that, since the government declared this past February a “situation of vulnerability” due to the massive influx of Venezuelans, the financial resources directed to Roraima have increased, in order to alleviate the situation.

Likewise, in cooperation with international entities, such as the United Nations High Commissioner for Refugees (UNHCR), camps have been set up which welcome Venezuelans and a program initiated to move Venezuelans wishing to relocate to other regions of the country, through which 820 immigrants have been placed in cities such as Sao Paulo, Cuiabá, Brasilia and Rio de Janeiro.

Translated by Wilfredo Díaz Echevarria

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The 14ymedio team is committed to serious journalism that reflects the reality of deep Cuba. Thank you for joining us on this long road. We invite you to continue supporting us, but this time by becoming a member of 14ymedio. Together we can continue to transform journalism in Cuba.

Diaz-Canel Visit to Manzanillo Recounted by Historian Without Mincing Words

This video is not subtitled

14ymedio bigger14ymedio, Marion J Pentón, Miami, Augut 11, 2018 — On the eve of the visit to Manzanillo by Miguel Díaz-Canel at the end of June, this western city in frank decadence was subjected to special treatment. Houses were spruced up, the indigents were secluded in the psychiatric hospital, criticism was gagged, and even various ice cream flavors appeared in the unstocked state-owned ice cream parlors.

The historian Delio Orozco González dared to raise his voice and said that this visit was “prefabricated”.  His complaint earned him the censorship of a program he conducted for free on local television, Golfo Visión.

Like the child who was the only one that dared to say that the Emperor had no clothes when he thought he was dressed in invisible cloth, in the fable The Naked King [The Emperor’s New Clothes], in real life Orozco-Gonzales denounced what everybody knew but no one dared to say: that the visit by Díaz-Canel was nothing more than staged to please the new ruler. continue reading

“One thing is to show what has been accomplished by conscious and systematic work and quite another to prepare a staging with last minute touches whose sole purpose is to impress the visitor to avoid critical remarks. Unfortunately that was what was done in Manzanillo”, Orozco González wrote in a blog.

Orozco González, a well-known local historian, was unable to witness in slience the violent eviction of Mirtha Escobar Rodríguez, a physically handicapped woman who waited for Díaz-Canel in Céspedes Park to let the president know “what liars” the local leaders are.

The woman was promised 11 years ago the construction of a house, but her denunciation of alleged mismanagement in public funds for her home earned her the enmity of the local bosses. The police officers took her by force and took her first to the hospital and then to the psychiatric hospital.

“When they took her to the Celia Sánchez Manduley Hospital with very high blood pressure to give her medical treatment, they transferred her to the psychiatric hospital, as was done in the Soviet Union, to try to confuse her civic demand with dementia, the public denunciation with madness, the truth with alienation,” related Orozco González.

The historian, who is far from having a dissident position against the system, questioned the plasticity of the measures taken to receive Diaz-Canel, whom in the first hundred days of his mandate has appeared constantly in the media travelling throughout the provinces and leading meetings.

They hurriedly painted the old electoral billboards, removed the vines from the Caymari building, set up another lab in the Palace of Computing and “gathered all the homeless so that the President and his delegation would not see the sad spectacle of drunks and destitute people who swarm and sleep in our streets”.

Orozco González has worked in the Historical Archive of Manzanillo since 1990. He is also vice president of the Union of Writers and Artists of Cuba in the territory and is a member of the Academy of History of Cuba.  Among his notable books are Manzanillo in the pen of José Martí, Presence and reception martiana in Manzanillo, Manzanillo in the 50s and Of the faithful of Manzanillo.

The decision to stop broadcasting the historian’s program, Findings, was communicated a week ago by the scriptwriter of the television program. According to Orozco González, the municipal authorities prohibited the television director from continuing to use the platform to teach. The historian has said that he will not talk to the media because for him everything has been said. “Now the censors, if they believe it, should explain their decision or simply do what they always do: not show their faces,” he added.

14ymedio made multiple attempts to contact the director of Golfo Visión, Geraldo Romero Díaz, and several journalists from the channel, but none wanted to offer comments on the matter.

It is not the first time that Golfo Visión has been in the midst of a controversy over the treatment of its workers. At the beginning of the year cameraman Raidel Tirado was fired after having suffered a traffic accident on his motorcycle and caused minor damage to the state-owned camera when he was on his way to cover the celebration for the triumph of the Los Alazanes baseball team in Granma  vs. Las Tunas.

Translated by Wilfredo Díaz Echevarria

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The 14ymedio team is committed to serious journalism that reflects the reality of deep Cuba. Thank you for joining us on this long road. We invite you to continue supporting us, but this time by becoming a member of 14ymedio. Together we can continue to transform journalism in Cuba.