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.
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