On a Silent January 1st Cuba Holds Its Breath / Yoani Sanchez #Cuba

17-monumento-a-Marti

The first day of January usually begins with loudspeakers blaring, blasting songs and slogans. On the anniversary of the Cuban Revolution the government organizes activities and parties to energize the enthusiasm the date already provokes. However, this year no attempt to commemorate the date is being made. The morning dawned quietly, calmly, in silence. Many speculate that such austerity is motivated by the serious state of health of Venezuelan President Hugo Chavez. He was operated on in Cuba in early December and his current situation is surrounded by great secrecy.

But Cubans have learned to read information even where there is none. Such a complete lack of celebration around the most important government anniversary has set off the alarms. There are those who say the mourning is due to the premonition of an economic collapse, if it comes to pass that Chavez is gone. And others predict that the tenant of Miraflores Palace will not return to his country alive, given the sequence of postoperative complications he has suffered. Beyond the speculations, the fact is that Cuba in 2013 would be very different in the absence of its principal economic mentor.

So people scan the horizon, trying to sniff out the news carried on the air from the Plaza of the Revolution. Divination is a common practice in all Cuban homes these days. And this January first, so dull and silent, is a sign that something isn’t going well. Terminal exhaustion of a system? Fear before the possibility of losing the substantial Venezuelan subsidy? Or simply compassion for a dying man? We don’t know for sure, but what is clear is that today there is neither energy nor reasons for celebrations.

Yoani Sanchez

1 January 2013

Prophecy for the Coming year / Reinaldo Escobar #Cuba

For me 2013 has special connotations. I have a personal prophecy that I’ve only told my friends and that came into my head in a dream in the middle of a hangover, after the party for the arrival of the year 2000.

The dream in question was a conversation in which I was debating how comparable two dates were, one was the first of January 1959 and the other the 13th of April 2013. That’s all I could remember when I woke up and since then I have been waiting for this day.

So I leave it there. I promise not to kick myself if something happens on that day and I accept ahead of time all the jokes that will come my way when absolutely nothing happens.

Reinaldo Escobar

31 December 2012

Santiesteban, the Facts and Reasonable Doubt / Angel Santiesteban, By Wilfredo Vallin Almeida

By Wilfredo Vallin Almeida

The questions mount up in the criminal case of the celebrated writer Ángel Santiesteban leaving the legal officials in Cuba looking very bad in terms of transparency and legal techniques and leaving us with a certain taste of injustice. The case is a good demonstration of that and gives rise to something which in the past used to be unacceptable to legal practitioners; deciding a penalty while doubts persist.

IN DUBIO PRO REO (the accused has the benefit of any doubt) is what they used to say, but this seems to have been excluded from Cuban legal practice.

In criminal law and criminal procedure, the events which give rise to offences normally focus, in terms of process, on two basic aspects:

  1. the facts in themselves (the grounds of fact), and
  2. the relevant legal principles (Articles of Law, Resolutions of the Governing Council of the Supreme Popular Tribunal, legal doctrine, interpretation, etc.)

Let’s start of by indicating some of the irregularities (there are more) in terms of grounds of fact which are evident in this complicated and lengthy business;

The only direct evidence shown in the process is that of his ex-partner, who is the one accusing him. But what we have ended up with is that during the various declarations offered by her in the long-drawn-out preparatory stage, the accusation has repeatedly changed, to such an extent that the Prosecutor had to disregard and ignore some of them on the grounds, as far as we could see, of being ambiguous and hardly able to be taken seriously.

Can you have confidence in the evidence of a person who keeps changing his or her testimony? In the same case, this lady again contradicts herself, this time in terms of the medical certificate she presents, which does not accord with the injuries she claims to have received.

In her testimony, the claimant says that after having been brutally hit, she was raped by the accused. The Prosecutor nevertheless did not take into account this important element in the case.

Prior to this matter, Angel and his ex-partner had been through another case where she accused him of having threatened her. In this case the defendant was found innocent.

The appearance of the teacher and school director of Santiesteban’s son, Eduardo Angel , was important. She testified that the child told her that his mother obliged him to say things against his father. This evidence was also disregarded by the Tribunal.

Obviously, these were not all the issues of fact: I have referred to only some of them – sufficient in my opinion to illustrate to those not well-versed in such matters, what is the meaning of REASONABLE DOUBT.

Translated by GH

December 20 2012

In 2013: Reasons to Stay / Yoani Sanchez #Cuba

cielo_cubano

Someone has to be at the foot of the aircraft steps, to say goodbye, holding the handkerchief and wiping their eyes. Someone has to receives the letters, the brightly colored postcards, the long distance phone calls. Someone has to stay and look after the house that once was full of children and relatives, watering the plants they left and feeding the old dog that was so faithful to them. Someone has to keep the family memories, grandmother’s mahogany dresser, the wide mirror with the quicksilver coming loose in the corners. Someone has to preserve the jokes that no longer spark laughter, the negatives of the photographs never printed. Someone has to stay to stay.

This 2013, when so many await the implementation of Immigration and Travel Reform, could become a year where we say “goodby” many times. While I respect the decision of each person to settle here or there, it doesn’t fail to sadden me to see the constant bleeding of creativity and talent suffered by my country. It’s frightening to know the number of Cubans who no longer want to leave here, or raise their children on this Island, or realize their professional careers in the country. A tendency that in recent months has had me saying goodbye to colleagues and friends who leave for exile, neighbors who sell their homes to pay for a flight to some other place; acquaintances who I haven’t seen for some weeks whom I later learn are now living in Singapore or Argentina. People who are tired of waiting, of postponing their dreams.

But someone has to stay to close the door, turn the lights off and on again. Many have to stay because this country has to be reborn with fresh ideas, with young people and future proposals. At least the illusion has to stay, the regenerative capacity must remain here; the enthusiasm clings to this earth. In 2013, among the many who remain, one must definitely be hope.

Yoani Sanchez

1 January 2013

…I became a teacher, which is like making myself a creator / Jorge Hojas Punales #Cuba

10-me hice maestro

By Lic. Jorge Hojas Puñales

The Bible is a great book, maybe many people have it in their homes, and from time to time they read it, trying to teach themselves, without really moving on from just reading it. It is clear that they need someone who knows about it, who can explain the teaching which it contains.

A law, a decree, a resolution, or whatever legal instrument, is of no use in our hands, if we don’t have someone who can guide us, explain the contents in a reasoned manner, who can teach us every precept and help us understand the scope of its application. Just as with the Bible, legislation has to be preached or taught, and even better, with examples. Disobeying it amounts to sacrilege.

It’s no good if knowledge of the law which applies in our state is reserved exclusively to legal professionals, to those organisations and institutions charged with its development and endorsement, or those who are required to work with it. It becomes more and more necessary, and indispensable, to have at least some knowledge in order to live, live with others, in the Rule of Law in a civil society

The most basic rules for living together, are modified by Law, in accordance with the society in which they are sorted out. It would be wonderful if someone designed them in a spontaneous, honest and disinterested way, teaching the law, bringing it within reach of everybody, without distinction. What great satisfaction he would feel, knowing that he had contributed a grain of sand to add to the spreading and enrichment of the legal culture and the good of the people!

Possibly the conditions for this to occur don’t exist, but the desire to do it is something many people feel.

Translated by GH

December 22 2012

Police Behaviour / Regina Coyula #Cuba

In a gastronomic food shop which only takes foreign currency, situated at 3rd and 8th in Miramar, a little more than a week ago, a known customer, who is a doctor at the Polyclinic at nearby 5th Ave., instead of asking for something in a discreet manner, as required, shocks the shop assistant by his drunken behaviour. The doctor is upset by the telling-off he receives, and starts using abusive language and the macho body-language well-known to Cubans. The employees decide to eject the drunk. Having been thrown out of his happy hour he returns to 3rd and 8th with reinforcements. The fight with the employees starts up right away. They call the police, who turn up quickly, but all they do is watch, until the moment when someone collapses and there is blood spilt. The doctor’s son is knifed.

Last Thursday in the same part of Miramar, but at 18th and 1st. A woman by herself, holding two signs, with the word VIOLENCE on one of them, is detained with the sign and without any preamble is put into one of the two police cars which promptly turn up.

These accounts are given to me by direct witnesses, people uninterested in politics, but in each case the way the police acted was unacceptable. It isn’t that the image of the police throughout the world has to be about helping old ladies cross the road or catching pickpockets in the act. The police should always inspire respect. But respect is one thing, fear and repulsion are something else.

Regina Coyula

Translated by GH

December 14 2012

Refurbishing the Obsolete / Fernando Damaso #Cuba

Photo: Peter Deel

The official press is full of articles on the refurbishing of parts and equipment that have been out of service for ten, twenty, thirty years or more, as well as on the use of primitive tools and techniques in agricultural production. These are presented as great achievements. They include reports on equipment installed in a sugar mill in 1898 that is kept running 104 years later, adaptations to a part that allowed it to be used for the first time in thirty years, reconstructing a railroad car from an old unused one, building a bus from the chassis and motor of a discarded truck, adapting cement mixers to build low-cost housing with hurricane-resistant roofs, and other such examples. There are similar reports on agricultural production involving the use of old machetes, mattocks and wooden hoes, and on fields being tilled by ploughs pulled by oxen. All are presented under the pretext that this is being done for ecological reasons.

This laborious work, to which people have dedicated time and effort in order to incorporate these things into the production process in the first instance, and making the land productive using rudimentary methods in the second,deserves respect. It is a shame, however, that their value is, in the first case, ephemeral since sooner or later, given their overuse and physical deterioration, they will again break down and have to be put out of service. In the second case the output will be minimal, and will have resulted in excessive days of work and physical exhaustion. This will, in both cases, lead to the rapid aging of parts, equipment, tools and techniques. In other words, these things will have once again become obsolete.

Relying on the use of outdated means and methods to achieve productive economic development is an effort doomed to failure. The reality is that the problem of aging affects the entire country in terms of technology (to say nothing of demography). For many years the need to provide replacements for nation’s industrial parks was forgotten, letting time pass without making investments to keep factories technologically up-to-date. The result is an unproductive inventory of old ironwork whose value is only as scrap.

The truth is that financial resources are currently unavailable to renovate factories and build new ones, or to modernize agricultural production. This does not, however, justify being deceitful by exalting the alleged economic advantages of refurbishing old parts instead of purchasing new, technologically more advanced equipment, or of tilling the earth with ox-drawn ploughs instead of with modern farm machinery. A country cannot develop economically based on erroneous assumptions, much less with a level of backwardness like our own.

Fernando Damaso

December 29 2012

I don’t know why you think … / Dora Leonor Mesa #Cuba

What a sad life if you don’t see!
don’t see the guitar
don’t see the woman
don’t see the sparrow flying away
when it’s about to rain
nor the little lizard
on the wall.

Song, poetry byN. Guilln

I went from the internet straight to the police station known as the “eagle’s nest”. Earlier, some activists told me that about 5 pm at the Acosta police station nobody was there anymore. The brave activists of the civil society, who were there, were beaten and thrown in jail. Around about 7 pm, and in effect there was nobody around.

I was also at risk of being detained for the simple fact of going to the police station to ask about and show support for those arrested.

As they explained to me later, the State Security order was:

“Straight to the slammer with anybody who comes to ask questions!”

That Tuesday 6th of November, I saw at the eagle’s nest police station a relative of the activist Mario Moraga, who was also imprisoned. One way or another, God helped me, and a polite police official was prepared to see me. On learning about Laritza Diversent, the only independent lawyer being held there, they asked me if I was a relative, and with sincerity I said:

“We are like family. We work together for the rights of Cuban youth,” I replied.

He looked at me strangely, asked for my identity card and then went off inside the premises, I don’t know where. I had to wait quite a while, but I wasn’t being held.

When the card was returned to me, I went off with my tail between my legs. I hadn’t been able to find out hardly anything. The police weren’t authorized to give me information, they explained:

“The official in charge of the case will be here tomorrow. Ask him your questions.”

From Tuesday 6th November up to Friday 9th at midnight we passed an anxious time while they let us know little by little that Yaremis Flores, Laritza Diversent and other independent lawyers had been freed. Nevertheless Antonio Rodiles was still being held.

The way I see it, the important thing is that although I knew my investigations could mean I ended up in jail, I never felt aversion for any police agent. They have hit me on other occasions. Now there was someone who was looking at me with disdain. Others pretended not to notice anything. An official shouted at me for asking something, and I replied to him like I do to my students: with lots of patience, and in a gentle voice.

Teachers are facilitators and teach by example. Anger and contempt have to be banished by anyone who really loves the teaching profession, especially if those we are teaching are little boys and girls. I know it’s difficult. Nevertheless, quite clearly, this blog is essentially from the Cuban Association for the Development of Infant Education (ACDEICuba) and we dream that Cuban boys and girls will one day read these lines. We want them to know the feeling that always was and will be present in us and in those texts in very difficult moments. One of Nicolas Guillen’s poems best describes our feelings – he is the author of the unforgettable verses “A Paper Boat is floating over the Sea of Antilles.”

I don’t know why you think …
I don’t know why you think,
soldier, that I hate you,
if we are the same thing,
I,
you.

You are poor, me too;
I am from the lower class, so are you;
where have you got the idea,
soldier, that I hate you?

It pains me that sometimes you
forget who I belong to
for goodness sake, if I am you,
I am the same as you
So, what you have done is nota reason for me
to dislike you
if we are the same thing
I,
you,
I don’t know why you think,
soldier, that I hate you.

We will see each other, me and you,
together in the same street
shoulder to shoulder, you and me
without hatred, neither me nor you,
but both of us knowing
where we come from, me and you,
I don’t know why you think,
soldier, that I hate you!

Translated by GH

December 18 2012

Reforms in Cuba: Two Steps Forward One Step Back / Yoani Sanchez #Cuba

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The last days of December, a good time to walk the streets and capture the differences of this 2012 compared to the previous year. The agricultural markets are better stocked although prices have almost doubled in the last twelve months. Private restaurants are springing up all over the capital and snack bars run by the self-employed compete on menu items and décor. Numerous houses have “For Sale” signs and many families are packing their suitcases waiting for the new Immigration and Travel Reforms to go into effect. Some have seen their wallets get fatter while for others the only thing that has grown is scarcities. The contrasts in Cuba are also growing.

“Updating the model” is the name the government has given the island’s current process of economic reforms. A series of flexibilities that encourage domestic production to reduce imports, but that maintain State control and central planning. The key achievements have been delivering idle land in a form of leasing known as usufruct, the expansion of self-employment, and the conversion of State-owned establishments to cooperatives. However, among the main tasks still incomplete are eliminating the dual currency system, ending the rationing system, and increasing salaries at least enough to cover basic needs. As long as salaries do not allow workers to have a decent life, many people will turn to emerging enterprises, many of them illegal and tied to the tourism sector.

Among the boldest steps taken by Raul Castro’s government is granting permission for the sale of homes. In a society where it was banned for decades, the authorization has caused a real shock. It brought back speculation, stratospheric prices and redistribution of the population in cities according to people’s purchasing power. True innovations for generations of Cubans who had resigned themselves to sharing space with grandparents and parents. However, in most cases those who have already managed to buy a house have been able to do so thanks to remittances from family abroad, profits from self-employment, or the diversion of State resources. Illegal Cuba continues and gains strength.

The fight against corruption appears to be a losing battle. A few days ago Gladys Bejerano herself, Comptroller General of the Republic, declared that of the state enterprises audited 72% had been classified as “deficient or bad, lacking in comprehensive systems of control.” Raul Castro has reduced the mammoth number of ministries inherited from his brother, merging some and dismantling others. Cases of officials imprisoned or under investigation are the order of the day, although they are not accompanied by a policy of transparency of information, especially when the irregularities involve senior Communist Party leaders.

Last year the fears of many were focused on the process of “payroll rationalization” that threatened the possible dismissal of between half a million and 1.3 million state workers. But the dreaded plan has been delayed and even halted in several bureaucratic, business and production-related endeavors. Some breathe a sigh of relief at keeping their jobs, but in most cases the efficiency of State enterprises has been seriously hampered by retaining an excess of unnecessary personnel. This is perhaps one of the clearest examples of Raul Castro’s reforms being hesitant and ambiguous, torn between pragmatism and a fear of popular discontent. Some believe that this tendency of “two steps forward, one step back” comes from conflicts and struggles in the upper echelons of the government. The apparent battle between a reform-minded sector and another, more conservative, feeds popular fantasies and even serious analysis.

Preventing the accumulation of capital also seems to be one of the great scourges of the new transformations. The guidelines discourage contracting for labor beyond five workers; establish excessive taxes for the private sector; prevent a single person from buying more than one home and even having more than one phone line. All are policies that confirm the intention to limit individual wealth. The main fear of the government centers on the possibility that economic reforms will create a foundation to demand political reforms. That is, that the ability of many to achieve material and financial autonomy from the State will inevitably spark desires for autonomy in the civic arena and increase pressures for respect of human rights.

Although the changes are aimed at expanding the private sector and strengthening national production, they have not yet achieved a significant improvement in macroeconomic indicators. Nor have they achieved an improvement in the living standards of the Cuban people. Our plates and our pockets demonstrate – better than any statistical analysis – how insufficient Raul Castro’s reforms have been. Scarcity of essential goods, inflated prices and increasing inequalities between rural and urban areas contradict the triumphalist phrases. Add to this a further impoverishment of Afro-Cubans, who have less access to remittances from family abroad – because fewer Afro-Cubans have emigrated – and who are discriminated against for jobs in tourism. Cuba’s social differences can no longer be hidden with political slogans. Hence, 2013 will come to an island balanced between hope inspired by new flexibilities, and frustration at the excessively slow pace of change.

Yoani Sanchez

30 December 2012

Eating in Havana / Regina Coyula #Cuba

The Gallery Bar at the corner of 12th and 19th, Vedado.
The Gallery Bar at the corner of 12th and 19th, Vedado.

Havana does not seem very aware that despite the crisis, the year-end holiday spirit is inundating other cities worldwide. Some lighting and modest Christmas trees give a vague nod to the year moving on. The state restaurants have barely hired an expert calligrapher to write “Happy 2013” in their windows, topped by a couple of bells; this could also be done “spontaneously” with sometimes painful results.

But if the restaurants in the hands of the State offer a grim picture, the opposite happens with the restaurants appearing in the private sector, many of which have left no details to change in the organization of their festivities for the holidays.

Some local landmarks with more than 15 years behind them, such as La Guarida, La Cocina de Liliam or Le Chansonnier, take these days off; but other veterans, such as La Casa, offer an attractive Christmas Eve and New Year’s Eve dinners. They will also open a snack bar on which they’ve put the finishing touches.

The private restaurants known as paladares (palates) appeared in the last two years thanks to the legal changes making this kind of effort possible, surprise us with the facilities and the professionalism of their staff. Within the gourmet category some stand out: Habana Chef, Calle 10, La Moraleja and La Galería. They are large homes adapted with good taste and functionality to the needs of a restaurant.

While some serve their usual menu during this time, La Galería, now a year-and-a-half old, offers a Christmas Eve menu far from ordinary, with salmon canapes, queso fresco with vegetables, where you can choose between banana fritters stuffed with fried meat, or crudo marinated with basil and balsamic sauce; pork loin stuffed with ham, olives and peaches in red wine reduction, berries and lemon garnish, with tamales, or turkey stuffed with olives in plum sauce perfumed with Chardonnay, accompanied with roasted sweet potatoes with bacon, and for dessert fritters with ice cream and fruit sauce or coconut cake with dried fruits in the Arab style, this plus a selection of candies, grapes and wines. To end the year, another equally exotic menu also includes grapes and a champagne toast at midnight, live music and open bar.

Black rice with squid ink, from the Chef Art Restaurant in Havana
Black rice with squid ink, from the Chef Art Restaurant in Havana

Not far behind is the recently opened París ’50. French cuisine and French-Caribbean that offers a Christmas Eve dinner with dishes including petit fours, seafood gratin with tartar sauce, turkey stuffed with ground beef, truffles, nuts and raisins in wine, garnished with peas and potatoes Provencal, and yule log and nougat for dessert. They also plan to have for the New Year dinner and live music.

When you have a corner as perfect as that at L and 25th, opposite the Hotel Habana Libre, you have to take advantage of it. Wow! A snack bar with chef offered dinner on the 24th. On the 31st they won’t open, like the 15th Floor.

The prices at these sites ranges from 25 to 50 CUC per person. So what are the most economical?

La Rosa Negra offers only carry out. For less than 12 CUC you can get over two pounds of garlic pork, or a pound of smoked loin, plus a pound of rice and beans and a pound of yucca with garlic sauce. La Taraquera offers three traditional plates where pork and yucca alternate with matajíbaro — a dish from Camaguey — and tamales with a bottle of wine, nougat and a cup of cider for 25 CUC per couple. El Farallon, as of two days ago, had not planned a special menu, but it planned to remain open with additional take-out service. At Blanco y Negro, at 12th and 23rd, for 7 CUC a person they will offer every day until January 2nd a traditional menu with 10% discount on take-out. At Paris ’50 you can take home with the same meal without drinks and dessert for 15 CUC.

Young faces, impeccable presence, professionalism. The private dining raises the bar to heights unreachable by the deteriorating State restaurants. There is a migration of personnel trained in the chef and cooking schools toward this sector, one of the few that is expanding.

Who will be the clientele in these places that have taken such care with their menus? Foreigners, some Cubans “who can,” some who make a special day of the date. These are not prices for ordinary people. Most people will eat at home on the 24th, with more or less austerity, more or less devotion, and there will be those who will have no special foods. And even on the 31st, greatly celebrated as the anniversary of the triumph of the Revolution, many will follow the Cuban custom of throwing a bucket of water off the balcony or out the window or door at midnight, with the secret hope of a new year that will truly be new.

Regina Coyula

25 December 2012

Translated from Diario de Cuba.

Diva-search / Regina Coyula #Cuba

Bola de Nieve

Readers, something light, in keeping with the season. In one of those conversations to fill the time between people who barely know each other, the topic of Divas came up. In Cuba, Alicia Alonso, distantly followed by Rosita Fornés; but neither Rita Montaner, nor Omara Portuondo, who were cited, are considered to be by me. Instead, I put forward Bola de Nieve (Snowball).

Diva (and Divo) is more than fame and career. Also each era has their own. Nearly a century ago Valentino’s status was undisputed, but today he would be ridiculous. The quintessential diva is Greta Garbo, but at that time Louise Brooks seemed much more interesting to me. Marilyn Monroe doesn’t impress me, but Sophia Loren, still today, has a powerful presence.

Sara Montiel and Carmen Sevilla are two nothings compared to La Faraona. And what can I say about Clark Gable? If he cleaned the Vaseline out of his hair, he could be a gallant or villain right now. Better a gallant, and that we see him take off more than the Vaseline. And the same for Ava Gardner with a slight makeover.

The way they’re presented in the news has made other artists, athletes and supermodels Divas just as much as the movies.

Mick Jagger, Cher, Andy Warhol, Tina Turner, Freddie Mercury, Usain Bolt, Cary Grant, Maria Felix … But everyone has their own.

Regina Coyula

December 27 2012

Professionals / E. Javier Hernandez H. #Cuba

Lic. Edilio Javier Hernández H.

There is a group of professionals in our society called to play an important role in the restoration of harmony between the people and the government, in the context of a Rule of Law which is seriously damaged, cracked and corrupt. We differentiate ourselves from the professionals of the health service, because apathy, idling, and ignoring of the Hippocratic Oath directly and lethally affect the general public.

Many professionals have decided to get rid of the connection with the impositions, demagogy, corruption and double standards, not agreeing to any more exploitation or manipulation or messing about indefinitely in bureaucracy.

We have recognised a new open group (years ago I knew about two of them who browsed the health website infomed) of surgeons and doctors from the Calixto Garcia Hospital, who courageously say what the majority of the Cuban population think but do not dare to express, about the administrative chaos experienced by our society in all the administrative structures and organisations of the state

All praise to those doctors who step forward for other professionals and intellectuals who stick their heads in the sand like ostriches when they see any danger. There are numerous examples of official and social associations, congresses, events and workshops, which act as umbrellas or windbreaks, shielding themselves against the rain and gusts of disappointment, frustration and unachievable hopes, which are our reality.

It seems also that analysis of the Lineamientos (Guidelines) has failed to serve as a problem bank or a generator of ideas to take forward as action to break through the inertia. Is it so hard, considering that the leaders don’t account to us for what they are managing, or say when things they are doing will be completed, or not, or tell us how much longer we will have to wait or continue to trust in them.

In tribute to those brave doctors, I would like to say to the other professionals in our country:

I still like my work; how much could we do, how much could we change if only some tribunal lawyers, some prosecution lawyers, legislative lawyers, defence lawyers, or consultants were to stop submitting and giving in to law which is ideological and burdensome, above all imposed by all the well-known organisations, the Party, the Military and the Ministries.

These are extracts from the Eighth Congress of the United Nations on Prevention of Crime and Treatment of Criminals, which took place from 27th August to 7th September 1990 in Havana, Cuba:

… considering that the appropriate protection of human rights and fundamental liberties which may be invoked by every person, whether they be economic, social and cultural or civil and political, requires that every person have effective access to legal services provided by an independent legal profession.

the Basic Principles of Legal Practice which appear below, which have been formulated in order to assist member states in their task of promoting and guaranteeing the proper performance of lawyers, should be taken into account and respected by governments when framing their legislation and practice in their countries, and should be brought to the attention of lawyers, and others such as judges, prosecutors, members and officials of the executive and legislative powers, and the public in general …

 Access to expert assistance and legal services

1. Every person is entitled to seek the assistance of a lawyer of their own choosing, in order that they may protect and demonstrate their rights and and defend them in all stages of the legal process.

2. Governments will ensure that they establish efficient procedures and adequate mechanisms to enable effective and equal access to expert assistance on the part of all persons within their territory and who are subject to their jurisdiction, without any kind of distinction, such as discrimination based upon race, color, ethnic origin, sex, language, religion, their opinions whether political or of other type, national or social origin, economic situation or position, birth, or other condition.

The sentences of tribunals will gain greater conviction and their debates greater majesty.

The lawyers will be more highly regarded; the guarantees are to be published and affirmed.

For people to be free, their rights have to be clear. For people to govern themselves,  their rights have to be common …

From Nuestra América, José Martí.

We still have time to set an example to other professions.

Translated by GH

December 21 2012