The report points out other mistreatment, such as being denied visits from their relatives or that some trans women must share cells with male detainees
14ymedio, Madrid, 29 October 2024 — The UN Committee on the Elimination of Discrimination against Women (CEDAW) issued its observations on Cuba on Tuesday, after receiving reports from both the State and non-governmental organizations between October 15 and 18. The text, disseminated by the Cuban Observatory of Human Rights on its networks, includes its “concern” for the situation of women detained on the Island.
In this regard, it mentions the reports that women prisoners, for “expressing dissident opinions,” face “violations of procedural guarantees and a fair trial, severe punishment, physical abuse and psychological violence, including the arbitrary use of punishment cells in deficient conditions and for excessive periods.” In addition, it notes other mistreatment, such as being denied visits from their relatives or that some trans women must share cells with male detainees.
Therefore, CEDAW recommends that the State adhere to the Bangkok Rules, approved by the United Nations for the treatment of female prisoners, and the Nelson Mandela Rules, the minimum for the treatment of prisoners in general. Likewise, it highlights that the Cuban Government must ensure the access of prisoners to periodic visits from their relatives, “in particular for detained mothers,” and remove the use of isolation as a punitive measure.
The CEDAW recommends that the State adhere to the Bangkok Rules, approved by the United Nations for the treatment of female prisoners, and the Nelson Mandela Rules
The Committee admits that the Cuban Government “has made progress since the examination in 2013” on the same subject – for example, the 2019 Constitution, which includes the State’s obligation to protect women from gender violence and creates institutional and legal mechanisms to achieve it, and the 2022 Family Code, for promoting equality between women and men in family relationships. In addition, it exposes the “socioeconomic impact” of the embargo imposed on the Island by the United States, as well as other sanctions, which, in the opinion of the UN, “have exacerbated the deterioration of the national economy.”
“The State is currently experiencing shortages of food, medicine, medical supplies, fuel and building materials and has intermittent access to electricity, which disproportionately affects women and girls. This has also resulted in a large-scale migration of more than one million people between the ages of 15 and 59. The Committee notes that the situation has been aggravated by prolonged blackouts that have further limited access to health care, education, food, hygiene, transportation and other basic services for women, girls and the general population.” Along with this, the Committee states that it is concerned about the “extreme responses of the State party to people who participate in street protests in relation to these circumstances and the resulting reprisals and arrests, especially after the 2021 protests.”
Women, the organization indicates, “are little aware of their human rights under the Convention and the resources available to claim them, particularly rural women, women living in poverty, women with disabilities, women of African descent and lesbian, bisexual, transgender and intersex women.” Therefore, it recommends that the Government “intensify its efforts to widely disseminate and raise awareness of the Convention and the general recommendations of the Committee.”
It recommends that the Government “intensify its efforts to widely disseminate and raise awareness of the Convention and the general recommendations of the Committee”
Another observation expressed in the document is that the Federation of Cuban Women “functions as a mass organization rather than as a government institution, which limits its effectiveness in promoting the enjoyment of women’s rights and gender equality.” Therefore, the Committee recommends that the Island establish an “independent national human rights institution.”
Regarding gender violence against women, CEDAW asks the Government to incorporate the crime of “femicide” in the Criminal Code, to “create awareness and public recognition,” “to strengthen measures to prevent, prosecute and punish the perpetrators of gender violence against women,” and to establish reception centers throughout the State, “including in collaboration with civil society organizations.”
The UN praises “with satisfaction” the representation of women in Parliament (more than half, with 55.7%), but “observes with concern” that few are at the highest level. The Political Bureau, the organization recalls, is currently made up of 17 men and only 3 women, and only 5 of the 25 ministries of the People’s Power are led by women.
“Public spending on primary health care and medicines and the percentage of the national budget allocated to health have decreased”
The public and free health coverage on the Island is also commended by the Committee. However, it states that women and girls have limited access to “modern contraceptives” and that there are “high rates of early pregnancy.” It also observes the shortage of essential medicines, which force women to buy them at very high prices in the informal market or to run out of them. “Public spending on primary health care and medicines and the percentage of the national budget allocated to health have decreased,” CEDAW states.
The Island’s delegation, headed by Deputy Prime Minister Inés María Chapman, presented its report to the Committee on October 18, three days after the documents provided by the independent NGOs.
The official text, 38 pages, mentioned “the political will of the Cuban Government for the advancement of women,” as well as the “undeniable progress” on the Island in terms of the protection of their rights. It also stated that “there is effective protection, even if there is no specific law on violence against women.” However, it did not mention the term “femicide” in the entire document and did not provide figures of sexist violence, despite the fact that it recognized 61 convictions for this type of crime in 2023.
For its part, the parallel report for this commission made jointly by the Gender Observatory of the independent platform Alas Tensas (AT) and the NGO Prisoners Defenders and presented on October 15, precisely criticized “the lack of political will” to face the problem.
Translated by Regina Anavy
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