Committee on the Elimination of Racial Discrimination considers report of Cuba

Committee on the Elimination
of Racial Discrimination

17 February 2011

The Committee on the Elimination of Racial Discrimination has considered the combined fourteenth through eighteenth periodic report of Cuba on its implementation of the provisions of the International Convention on the Elimination of all Forms of Racial Discrimination.

Presenting the report, Abelardo Moreno, Vice Minister of Foreign Affairs of Cuba, said the constitution established the right of all citizens to be involved in managing the State, either directly or through their elected representatives. All Cubans over the age of 16 had the right to vote and it was free, equal, direct and secret. All citizens were allowed to elect and be elected. There were no discriminatory, money based campaigns. Of the 614 members of parliament, more than 28 per cent were trade unionists, 43 per cent were women and 36 per cent were blacks and mestizos. Cuban legislation criminalized and penalized any act of racism against a person, group of persons or institutions. People received equal pay for equal work and they could live anywhere they wanted and receive goods and services at any institution, whether public or private. Segregation, propaganda and hate speech were also criminalized and punishable by law. All persons were equal before the law and were guaranteed equal treatment before the courts and all other justice mechanisms. Persecution, violence, intimidation, or reprisals were also punished under the law.

Mr. Moreno said there was still some racial discrimination that stemmed from the history of the country and the deep racism that existed for 500 years. There were still negative stereotypes that the State had to combat through the media and education. The economic, commercial and financial blockade and anti-Cuban hostility of successive United States’ administrations were the most serious obstacles with the greatest impact faced by Cuba. Despite all this, the will of the Cuban people and Government had permitted progress toward a society that was ever more just and fair, including for those most vulnerable groups such as people of African descent, indigenous people, women and people with disabilities. Much had been done, but Cuban society was not perfect and there was much that remained to be done.

In preliminary concluding observations, Pastor Elias Murillo Martinez, the Committee Expert who served as country Rapporteur for the report of Cuba, said that the Committee recognized that the embargo on Cuba had limited its progress and it also noted the importance of Cuba’s international cooperation. There was a heritage of slavery which had resulted in structural racism throughout Latin America, with disparities affecting certain populations such as indigenous people and people of African origin. The phenomenon of racial prejudice was an undeniable reality, but the region was awakening on such topics. Mr. Murillo Martinez urged the State party to ensure that people had full access to justice via the complaints mechanism of the attorney general’s office. The Rapporteur said he looked forward to future reports from Cuba and the progress they had made in the areas of non-discrimination and eradicating racism.

Committee Experts raised questions and asked for further information on subjects pertaining to, among other things, societal views of racism in Cuba, the situation of people of African descent in the country, freedom of movement within and outside the country, freedom of association, expression and opinion, freedom of information, the treatment of human rights defenders, the treatment of refugees, migrants and asylum seekers, measures taken to combat human trafficking and sexual exploitation of women and children and the general framework for applying anti-discrimination laws. Committee members also pointed out that there were no trials or convictions for acts of racial discrimination, and the lack of complaints, trials and convictions could reflect a lack of knowledge among Cubans about their rights or a fear of reprisals. The delegation was also asked about the mechanisms for combating racial discrimination in the media, schools, government and other parts of society and racial disparities between blacks and whites in various sectors of society including housing, income, life expectancy and educational attainment.

The delegation of Cuba included representatives of several governmental organizations, including the Ministry of Foreign Affairs, the Commission against Racism and Racial Discrimination of the Association of Writers and Artists of Cuba, the Attorney General’s Office, and the Permanent Mission of Cuba to the United Nations Office at Geneva.

The Committee will present its written observations and recommendations on the report of Cuba at the end of its session, which concludes on 11 March.

When the Committee reconvenes at 3 p.m. this afternoon it is scheduled to take up the combined sixteenth through twentieth periodic report of Uruguay (CERD/C/URY/16-20).

Report of Cuba

The combined fourteenth through eighteenth periodic report of Cuba (CERD/C/CUB/14-18) says that with the triumph of the Revolution on 1 January 1959 the Cuban people achieved true independence and were able to create the conditions for full and universal enjoyment of all human rights. The profound economic, political and social changes undertaken made it possible to do away with the structural injustices inherited from colonial and neo-colonial rule in Cuba. The foundations of a democratic, fair, inclusive, equitable and compassionate society were laid, and continuous progress has been made. When the Revolution triumphed, Cuba found itself in a situation of total political and economic dependence on the United States, suffering underdevelopment, corruption, political and administrative fraud, chronic malnutrition, arbitrary arrest, torture, disappearances and extrajudicial executions, illiteracy, neglected and inadequate health services, widespread poverty, discrimination against women, and racism; in short, a situation of absolute denial of individual and collective rights.
Slavery was abolished in Cuba in 1888. However, this move did not bring with it any improvement in the social status of the former slaves and their descendants. Most of them became poorly paid farm labourers having no access to education or to health services; others joined the ranks of the landless peasantry, migrated to the towns in search of wretched jobs in the ports and in industry or did the heaviest work in construction projects or track-laying for the railways, or tried their hands at lowly trades. Others became permanent beggars. This situation persisted without fundamental change in the first half of the twentieth century, in the shadow of the systems imposed by the neo-colonialist Power, the United States of America.
The Cuban State has always pursued a governmental policy of ensuring effective exercise of all human rights by all the people. For example, it has established the material conditions and the human capital for providing quality education for all and universal free access to all levels of education, regardless of the sex, colour, family income, religion, opinions or political ideology of the pupil or the members of his or her family. Every Cuban is guaranteed access to quality free health services. The arts and sciences are encouraged in all their manifestations. The freedom of artistic and literary creation is recognized as a cultural right. The right to work has constitutional status; it is promoted at all levels and is regulated by strict application of important principles of worker dignity and protection.
As part of its commitment to the new generations the Cuban State has established a policy approach and ambitious programmes for children and young people which work to the great advantage of this population group, making it one of the principal beneficiaries of the profound changes brought about in Cuban society over the past 50 years. The Cuban Revolution did away with the prison regime inherited from the Batista tyranny and has built up a system which is profoundly humane and non-discriminatory, being based on respect for and strict application of laws and regulations and on compliance with the 95 clauses of the Standard Minimum Rules for the Treatment of Prisoners. It is inspired by the principle of re-educating and rehabilitating every inmate to rejoin society.
Presentation of Report

ABELARDO MORENO, Vice Minister of Foreign Affairs of Cuba, said this report was the result of a broad range of participatory consultations. Cuba had been a State party to the Convention since 1972; however measures to promote full equality and the enjoyment of human rights by all began with the victory of the Cuban revolution in 1959. The major changes had made it possible to integrate Cuban society and break the previous class based regime and to ensure that traditionally exploited and excluded sectors benefited. The law on agrarian reform opened up sources of dignified employment and access to land. There was universal access to education and the socialization of the means of production led to forms of social property which made it possible to end discrimination in terms of housing, beaches, sports and so on. The battle against any form of discrimination lay in the very essence of the political, economic, social and cultural system.

The constitution established the right of all citizens to be involved in managing the State, either directly or through their elected representatives. All Cubans over the age of 16 had the right to vote and it was free, equal, direct and secret. All citizens were allowed to elect and be elected. There were no discriminatory, money based campaigns. Of the 614 members of parliament, more than 28 per cent were trade unionists, 43 per cent were women and 36 per cent were blacks and mestizos. Cuban legislation criminalized and penalized any act of racism against a person, group of persons or institutions. People received equal pay for equal work and they could live anywhere they wanted and receive goods and services at any institution, whether public or private. Segregation, propaganda and hate speech were also criminalized and punishable by law. All persons were equal before the law and were guaranteed equal treatment before the courts and all other justice mechanisms. Persecution, violence, intimidation, or reprisals were also punished under the law.

People could worship as they saw fit and the various beliefs and religions were treated equally in Cuba. Freedoms of information, expression and the press were recognized for all members of society. In Cuba, there was a wide ranging debate about all aspects of political, economic, social and cultural life both at home and abroad. Various laws enshrined the right to association and the right to form trade unions, including labour code laws.

Almost 70 per cent of Cubans studied at the university and 100 per cent of special needs children went to school. Two national television channels for education had also been formed and there was a programme designed to transform prisons into schools. The right to culture was broadly safeguarded and available to all social sectors, and culture and science were encouraged in all forms. The right to work was protected under the constitution and was not subordinated to the blind rules of the market. At the end of 2010 the unemployment rate was 1.6 per cent which meant that there was full employment in the country. Each Cuban was ensured access to healthcare of the highest quality through a national healthcare system fully funded by the State. The infant mortality rate in the country was very low, with 23 sections of the country having a zero rate of infant mortality. Cubans were also protected by a social security system. Social workers worked in the community to identify the needs of families.

There was still some racial discrimination that stemmed from the history of the country and the deep racism that existed for 500 years. There were still negative stereotypes that the State had to combat through the media and education. The economic, commercial and financial blockade and anti-Cuban hostility of successive United States administrations were the most serious obstacles with the greatest impact faced by Cuba. Despite all this, the will of the Cuban people and Government had permitted progress toward a society that was ever more just and fair, including for those most vulnerable groups such as people of African descent, indigenous people, women and people with disabilities. Much had been done, but Cuban society was not perfect and there was much that remained to be done.

Women were now a decisive, respected group in society where once they were marginalized. The black population of the country had not enjoyed the same advances, but they did play an important role in some sectors of society such as healthcare.

HORTENSIA BONACHEA RODRIGUEZ, Chief Prosecutor of the Department for the Control of Legality in Prisons of the Attorney General’s Office, said that racial discrimination had been fought against since the triumph of the Cuban Revolution in 1959. It was in that year that Fidel Castro said that abolishing racial discrimination was one of the priorities of the revolution. This process had been legally covered by the establishment of a constitution and legal framework that established concrete rights and the equality of all people. All people had the right to petition the Government and receive appropriate responses in an appropriate amount of time.

Genocide and apartheid were punishable by law, as well as incitement to racial violence, hate speech and racial hatred. The attorney general was the body of the State that oversaw and monitored the preservation of legality and compliance with the constitution. The law itself stated that the attorney for the protection of citizens rights received, investigated and replied within 60 days to any complaints presented to it. Every year more than 70,000 persons communicated with the Attorney General’s office to ask advice or to report complaints or violations of their rights. Every year there were 12,000 complaints of rights violations. Complainants were found to be right in about 27 per cent of cases filed. The effect of this system was that it filtered down to the population in the form of a legal culture that celebrated the rule of law and respect for individual rights.

Their penitentiary system was a progressive one which included education and the stimulation of positive conduct along with the gradual reduction of their sentence to encourage early release and social reintegration. Women represented 3.2 per cent of prisoners, the majority of convicts were white and the majority of prisoners were between 31 and 59 years of age. Training was provided to judges and prosecutors every year and those issues linked to human rights, including those combating racial discrimination were contained in educational materials used at the special teaching academies for the police.

MARIA DEL CARMEN HERRERA, Deputy Director in the Multilateral Affairs Division of the Ministry of Foreign Affairs, said that in five decades the Cuban Government had enacted many laws that guaranteed the human rights of all citizens, especially women. The National Action Plan adopted in 1997 following the Beijing Conference included provisions from the Convention on the Elimination of Discrimination against Women as well as the Beijing Platform. Cuba was ranked among the first countries in the world for women’s participation in parliament, with women making up 43.32 per cent of deputies in parliament. In the justice system, women made up 66.3 per cent of justice professionals and 71.4 per cent of the presidents of provincial tribunals were women. The Ministry of Justice was led by a woman as well.

In terms of education, women represented 43.6 per cent of the total graduates of technical and professional schools. Higher education had undergone a process of feminization after the triumph of the revolution and access to all levels of education had increased for women. Women represented 59 per cent of professors, 65.7 per cent of professionals, 72 per cent of the labour force in the education sector, 70 per cent in the health sector, 58 per cent of doctors, 50 per cent of journalists and 58 per cent of reporters.

AURELIO ALONSO, Vice President of the magazine Casa de las Americas and associate professor at the University of Havana, said that racial and religious discrimination were closely related in Cuba. The country’s first constitutions did not prevent there being very discriminatory practices based on the dominant interests which practiced discrimination against blacks and mulattos and any acts of African religions were criminalized in a host of laws. Religious discrimination by State and civil institutions led to social inequality by giving more importance to Catholic Christianity than to African based religions, and they were only seen as legitimate after the revolution. Believers of these other religions were forced to hide their religions. Their presence was brought forward in art and in culture and they were allowed to practice saint worship and other religions.

The socialist revolution called for an absence of religion. In 1985 the need was recognized for the first time to put an end to any trace of discrimination that might affect the religious population. This was to overcome obstacles to participation in economic, social and cultural life. Over the last 20 years religious practice had developed with more and more openness. This revival of religion was applicable to the whole range of beliefs and without social pressure caused by privileged positions there was respect and equality for all the religions. There were no significant signs of racial prejudice within the religions of African origin.

HERIBERTO FERAUDY ESPINO, President of the Commission against Racism and Racial Discrimination of the Association of Writers and Artists of Cuba, said that the triumph of the Cuban revolution was a strike against racism. The Government had incorporated the gender perspective in policymaking and the Government had established a commission to counter the racial prejudices that still prevailed in Cuban society through culture. Among the various activities the commission conducted was a roundtable broadcast on television as well as documentaries on black and mestizo leaders. Colloquia, workshops and debates were held on the contributions of African culture to society as well as racial inequalities in the country. There were also measures taken to encourage research into the social history of blacks in Cuba, and there were required university courses in discrimination and racism. Other things that had been done were the revision of textbooks, holding of events about slavery and its legacy, the establishment of a virtual library on the Afro-Americas, and a series of planned events for the International Year of People of African Descent. These events included exhibitions, concerts, book fairs, documentaries, workshops, debates and colloquia. Archives and oral traditions would be preserved as well and they were planning a monument to the Afro descendent who was the first person to organize a conspiracy for national independence.

Questions Raised by the Rapporteur and Experts

PASTOR ELIAS MURILLO MARTINEZ, the Committee Expert serving as country Rapporteur for the report of Cuba, said that the limited interaction of civil society with the Committee made their dialogue that much poorer. According to the last census, 65 per cent of the population was white, 10 per cent was black and 25 per cent was mixed race. The country had a profile similar to that of developing countries in terms of the quality of life. One third of the population was therefore of African descent.

Mr. Murillo Martinez outlined some historical elements that he felt were relevant for their task today. In 1888 slavery was legally abolished in Cuba, which meant that even today one could find millions of descendents of slaves who worked the sugar and tobacco plantations on the island. The revolution in 1959, the adoption of the political constitution in 1972 and the reformation of the constitution in 1992 were also important events.

There was a timid opening up of the country to scrutiny, as evidenced by visits of the Special Rapporteur on violence against women and the Special Rapporteur on the right to food. Cuba was one of the few countries that had not signed Convention 51 on the status of refugees. For decades the international community had condemned the blockade against Cuba, but it had also been anxiously awaiting for Cuba to democratize. This was all important to keep in mind because of the particularities in Cuba. The descendents of slaves and indigenous still experienced structural discrimination in the Americas and Cuba did not escape from this reality, although there had been significant progress in some areas.

How did the Government and Cuban society look upon racism? People of African descent received the least amount of cash transfers or remittances from abroad, why was that the case? People of African descent were also under represented in decision making in the country. What could the delegation say about this? In legislation and practice Cubans had serious limitations placed on their rights to leave the country. What could the delegation say about that? Also, many Cubans were in a stateless situation because of restrictions on their ability to come in and out of the country.

Mr. Murillo Martinez asked for updated housing and census statistics. Could the delegation talk about self-identification on the census? Was there data on the economic marginalization of black people in Cuba? What was the level of informal employment for this group and what was the general framework for applying the framework of anti-discrimination in law? There were no acts of trials or convictions for acts of racial discrimination, but this did not mean that these acts did not occur. The lack of complaints, trials and convictions was not necessarily positive information. The Committee had information that the prison population was predominately made up of black and mixed people and they wanted more clarification on this. What was the racial makeup of the police force and judiciary system?

What concrete measures had been taken to facilitate access to national mechanisms and remedies and care for victims of racial discrimination and how was this information transmitted to citizens? Were racial motivations an aggravating circumstance in crimes? Was it correct that the right to compensation was based on a conviction in a criminal process? How frequently had article 295 of the criminal code been invoked to cover the law against equality?

Turning to political representation, what was the level of representation of black and mestizo groups in various levels of government? Were there systematic, affirmative action programmes to increase the representation of women, young people, black people and mixed people? Racism and racial discrimination had been raised, including by Fidel Castro, but was it really included in Cuba’s public agenda and public policy? The State party said that life expectation in Cuba was 77.97 years of age, however the report did not include any data disaggregated by sex, age, racial or ethnic group and location.

What measures had been taken to ensure that the massive layoffs of civil servants announced earlier this year did not adversely impact black people? What was the general legal framework for migration and foreign affairs and irregular immigration, particularly of Haitians? How many persons were deprived of their liberty for illegally entering the country? Where were these people detained? What was the situation of children of Cuban parents born in countries where citizenship was not based on soil, but rather blood?

In terms of trafficking in persons, what measures were being taken to define and penalize human trafficking? Were there any statistics on this crime? Would Cuba ratify the Palermo Protocol to combat trafficking? What training was being done for public officials on this topic?

How were police trained in human rights and combating racial discrimination? Was there a national plan against discrimination in Cuba? According to a 2003 BBC report, a study by the Cuban Academy of Sciences about racism on the island found that racism had intensified in the last 10 years, people of African descent lived in the poorest conditions, worked at the hardest jobs, were more poorly remunerated than the rest of population, and were associated with crime. Could the delegation provide the Committee with a copy of this study?

Other Committee members asked what was being done to prevent segregation, which was not always done by the State. Was the attorney general the only office responsible for defending the rights of citizens? What was the access of blacks and mestizos to decision making roles? Were there other languages spoken in Cuba other than Spanish and if so, were documents provided in these languages? Was there cultural diversity in the different regions of the country and if so how did the State protect this diversity? Were there cases of refusal of access to places like beaches, hotels and clubs due to race?

Other questions raised included the status of refugees in Cuba and inheritance rights of non-Cuban spouses and dual nationality children. Committee members also asked for a clarification of the term “objective discrimination” as used by the delegation earlier. An Expert pointed out that the use of the terms mestizo and mulatto was considered politically incorrect in many countries.

Another Committee member expressed regret that the Committee had not been able to meet with non-governmental organizations and civil society representatives, as this enriched their work. The State party’s report was detailed, but it still raised a number of questions. For example, there were no numbers provided on complaints, prosecutions or convictions for acts of racism, so there was no one way to examine the practical application of the criminal provisions for acts of racism. Could a person appeal their cases to a higher authority if prosecutors decided not to investigate or prosecute a complaint of racism? There were reports from non-governmental organizations of the violation of the right to freedom of expression with harassment of journalists, human rights defenders and political dissidents. Could the delegation comment on this as well as reports of violations of the right to freedom of movement, in which people had been denied permission to leave the country.

Could the delegation provide more information on human trafficking for sexual exploitation? What protective measures were in place for immigrants, asylum seekers, refugees and migrant workers?

A Committee member made a general observation that it was the Committee’s general view and practice that groups should be called by the designation that they want to be given versus having names or descriptions from outside groups placed on them. How did the prohibitions on incitement and other racial discrimination fit into the structure of Cuba’s criminal law? The Committee member also expressed disappointment at the absence of non-governmental organizations.

Another speaker characterized Cuba as the island of freedom and said that Fidel Castro was characterized as a dictator because he did not do what was in line with other leaders of the time. Cuba had to build freedom while facing many challenges, but had managed to maintain and strengthen social cohesion. Cuba needed to work to make sure that black and mixed raced people were a full part of the country.

Response by Delegation

The delegation thanked the Rapporteur for bringing up events in the Middle East because these were important events. Cuba had an electoral process that was fully participatory and had an ongoing debate over the last 50 years and traditional parties were in a crisis because they had an unbroken link to the centres of power and that was not democracy. Democracy emanated from the freely expressed will of each and every people reflected in multiplicity of economic and social systems and the political systems.

According to the delegation, the number of refugees reaching Cuba was very few. In general, those who sought refugee status in Cuba tended to be victims of trafficking and they reached Cuba from places of conflict. They usually destroyed their documents so that they could not be repatriated to their home country and if they were granted refugee status by the United Nations High Commissioner for Refugees then they were accorded all the rights under those rules until their permanent settlement could be decided. Thousands of refugees fled repressive regimes in Central and South America and came to Cuba and they were white, black and indigenous and there was no distinction or discrimination. Although Cuba was not party to several conventions on refugees and transnational crime, there were two conventions that were in the final stations of being adopted, including the Palermo Protocol.

The delegation said that the death penalty was a matter of constant attention of the Government. Application of this penalty was exceptional and it was only applied by courts which sat on extremely serious cases and there was a broad range of requisite guarantees. Life imprisonment was often used as an alternative to the death penalty. Cuba philosophically opposed application of the death penalty and they wanted to eliminate it from legislation as soon as conditions allowed.

Regarding fundamental freedoms such as the right to association, expression, and information, they were clearly manifested and enjoyed in Cuba. There more than 2,000 non-governmental organizations that were properly registered covering a diverse range of activities. There were more than 100 radio stations and about 50 television stations. Despite the economic and financial blockade imposed on the country, most citizens had Internet access.

The State had also eradicated illiteracy so that people understood their rights and it was the first step to ensuring universal education in the country. It was ensured that people had access to universal education at primary and secondary levels. The process of popular consultation on all major decisions affecting the country’s future was a robust and serious one in the country. Cuban citizens participated in their Government and were involved in decision-making; decisions were not just handed down.

In Cuba they had never punished, nor would they ever punish, people for their political ideas. No one would be punished for journalism or the exchange and expression of ideas. The delegation wanted to be clear that the State did punish people for being mercenaries, for receiving money from a foreign power. No country in the world would ever accept one of their nationals receiving money from a foreign power to destabilize the Government.

There were no indigenous populations in Cuba. They had been exterminated by Spanish conquerors at the outset of the conquest. Spanish was the only official language of Cuba, but there were many media outlets in foreign languages including magazines and radio and television stations. There were also cultural organizations that provided services in different languages.

Access to public places such as beaches was free and universal. As of today, the delegation said there was no restriction at all on access to tourism and recreation installations. Unfortunately, this did not exclude limitations on an individual’s financial abilities to pay the cost of such services.

Cuba was consistently evaluating the optional provisions to which it had not yet signed up and this applied to article 14 of the Convention on the Elimination of Racial Discrimination. Remedies under national legislation made it possible for Cuba to prevent any violations under the Convention on the Elimination of Racial Discrimination, so it was unlikely that they would recognize supranational competence to handle something that was already addressed by domestic legislation.

Turning to human trafficking, the delegation said Cuba gave particular priority to women and thus there were no women in Cuba forced to prostitute themselves to bring in money or support themselves. The economic structure of Cuba did not support prostitution and made it unnecessary and after the revolution this was unheard of until the 1990s when Cuba had to stimulate tourism due to the economic effects of the blockade. The attempt to increase tourism from Europe also led to an increase in prostitution. Still, the level of prostitution was very low by comparison to other countries in the world. An action plan had been drawn up and implemented to combat sex work exploitation or other types of corruption and the criminal code had been amended to meet the challenges of transnational crime, crimes against children, human trafficking, and sexual exploitation of women and children. There was a whole system of prevention and social assistance in place to meet the challenges of these criminal and anti-social activities.

Turning to the rights of people to travel, the delegation said that attempts by the United States to subvert the constitutional order in Cuba had led them to adopt a framework to protect their citizens. Any Cuban living abroad who had a valid passport could come into the national territory as often as they wished. Cubans could travel abroad with no restrictions, save those enforced by the receiving countries. The issue of migration in Cuba had been politically manipulated by successive United States administrations and the 1960s immigration policy of “wet foot/dry foot” led to illegal immigration and trafficking. The Bush administration had ratcheted up hostilities and encouraged desertion and illegal immigration, particularly among professionals living in third countries.

The delegation said it did not have the exact number of foreign permanent residents living in Cuba. They were fully entitled to the rights and freedoms guaranteed to them in international instruments. There were some restrictions on these rights as established by law; they did not have the right to vote, to elect or be elected to office, to be civil servants or to be part of the legislature. In terms of Haitian migrants, some did turn up on Cuban shores in an attempt to get to the United States and in these cases they were provided with food and shelter and other needs and returned to their country under secure conditions and always on the basis of the principle of voluntarily return. Border controls returned all those people who tried to enter the country without meeting the necessary requirements. These people did this to commit terrorism or destabilize the Government and they were prosecuted for this, as they were not meeting the necessary requirements for entry. Asylum seekers were recognized as such in Cuba. There had not been new cases of asylum seekers, although in the past Cuba had accepted a number of people who were fleeing dictators in Central and South America.

In terms of the Cuban Catholic hierarchy, the Archbishop of Cuba had become an accepted mediator for public protests and demonstrations and for people incarcerated for crimes against the revolution as well as cooperation with the Catholic Church in the United States, which had worked to get Washington to change its hostile stance toward Cuba. Cuban political authorities had listened to the developments in terms of possibilities for cooperation so this was not a one off situation, but the result of a relationship which in the future could yield other opportunities.

In terms of the lack of complaints of racial discrimination, the delegation said that 50,000 people came to the attorney general’s office every year to present complaints and make statements. Committee members had said that the fact that there had not been trials or convictions for acts of racial discrimination might be attributable to a lack of knowledge by the population or their fear of reprisals. But many people filed complaints so this showed that they were knowledgeable about the law and they trusted authorities and were not afraid to come forward. When a prosecutor decided not to proceed, it was either because he believed it was not a crime or there was not sufficient justification or proof or evidence to ensure that the charge would be accepted by the court.

Concerning legislation to deal with compensation and civil responsibility, the delegation said that those responsible in criminal matters were also held civilly responsible for the harm and damage caused by the offence committed. The court would decree in parallel with criminal responsibility that civil responsibility was also present. One could also seek compensation through a merely civil court.

The delegation said that in terms of the prison population, 43 per cent were white, 29 per cent mestizo and 27 per cent black. In the court system 72 per cent of the labour force was of African origin and 63 per cent were women. In the police force, 50.5 per cent of officers were of African origin.

The constitution and criminal code all contained provisions to combat racial discrimination through the protection and promotion of the full enjoyment of rights for all citizens.

Regarding follow-up, control and evaluation of efforts to combat racism in Cuba, the delegation said there was a commission made up of representatives of various institutions and organizations to evaluate and discuss actions to eradicate racial discrimination in Cuba. There was also a Commission against racism and racial discrimination which brought together Cuban intellectuals. Even up until the 1990s they could not imagine such a commission because one of the main principles of the revolution was to combat all types of inequality, particularly racial inequality. All people were represented in the various civil society organizations, so there were no longer white groups and black groups; everyone worked together to address these issues, but they were working against the backdrop of 500 years of colonialism and slavery. It was easier to take power than to change minds so these changes had to take place in schools and at home and in the streets and that was what they were working on in Cuba.

Further Questions Posed by Experts

A Committee member made some observations about defining race and ethnicity and the questions this raised for countries and the Convention. These concepts were fairly fluid, but whatever it was discrimination based on ethnic origin was also part of the Convention as well as race.

Several Committee members thanked the Cuban delegation for its thorough presentation and answers, and one Expert said the Committee had to take into account the different circumstances of each country and the challenge was to find solutions that fit each State versus a one size fits all approach.

Were there African immigrants in the country and what was their situation in Cuba?

Another Committee member said that Cuba’s philosophy of giving even when one did not have much to give was a lesson the international community could learn. This Expert was still confused as to how there could be no acts of racism recorded in the country and asked the delegation to explain this.

Another speaker reiterated the question that was raised yesterday about non-white people being denied entry to public places such as bars and clubs.

How did ordinary people in the street view Cuban identity? Was there an indigenous identity?

If there were no complaints of racial discrimination or racism, did this mean this did not exist in Cuba?

Response by Delegation

The delegation said that the issue of defining race and ethnicity was very important and something the Committee could take a closer look at it. There were anthropological, legal, and social constructs tied up in this question, but everyone was African because human predecessors came from Africa and spread around the world. The different races present in Cuba during colonial times mixed from the very beginning so today they could not say there was a national minority that was a black minority because they were all mixed. There was no segregation in Cuba, white, black, and mixed people were throughout the territory and were not concentrated in certain enclaves. This just did not happen because it was not part of the Cuban mindset.

The delegation said that their history, culture and processes were different so they always had to work based on the principle that richness lay in diversity and things that were not the same had to be dealt with differently.

A lot of the economic hardships were due to the blockade or the embargo, otherwise they would have been able to do more research into the causes of certain diseases such as dementia. What they had discovered through their research was that the population of Cuba was mixed. Now that the revolution had taken place, this mixture of people had spread throughout society into universities and so on.

African citizens in Cuba were generally students. Currently, 2,520 African students from more than 20 African countries were studying in Cuba, the majority of them studying medicine. They did not experience any discrimination and the majority of them returned to their countries of origin to practice medicine. In the countryside and rural communities of many countries, including in Africa and Latin America, there was a lack of doctors so when these people come to study in Cuba there was usually a commitment that they would go back to their countries and serve in these rural communities.

The delegation said that thousands of cases on varied issues came before the attorney general, but none were based on racism or racial discrimination. The Committee was assured that Cubans were well aware of what their rights were and they knew they could submit complaints based on racial discrimination, but this was not a serious problem in Cuba. Underdevelopment and discrimination were very closely linked and when underdevelopment was eradicated, many of the elements of racism would disappear as well.

In terms of discriminatory treatment in public places, the delegation said that the only people who were denied entry to places were people who did not meet the dress code of an establishment. By and large these people were white, European tourists who were not dressed properly. Cubans knew how to dress and did not show up to a club in t-shirts and shorts.

In terms of an indigenous Cuban identity, there was no such thing because these indigenous peoples were exterminated so it was not the same as the situations in Bolivia, Guatemala, Peru, Ecuador or other Latin American countries. Their history was a mixed African and European one and that was the basis of their Cuban identity.

Of the communications that had been heard in the attorney general’s office, some were requests for legal advice or questions and only 12,000 were complaints that their rights had been violated. Of these 12,000 people many were of African origin, but none of them filed complaints of racial discrimination. It was not a serious problem, as the delegation had already said. The fact that there were no complaints did not negate the phenomenon of racism.

Preliminary Concluding Observations

In preliminary concluding observations, PASTOR ELIAS MURILLO MARTINEZ, the Committee Expert who served as country Rapporteur for the report of Cuba, said that the delegation and the Committee had had a productive dialogue and the Committee had noted Cuba’s role in combating apartheid, racism and racial discrimination. The international community had also recognized that the embargo on Cuba had limited its progress and it also noted the importance of Cuba’s international cooperation. The world looked forward to Cuba’s announcement regarding oil exploration as well as a vaccination against lung cancer. There was a heritage of slavery which had resulted in structural racism throughout Latin America, with disparities affecting certain populations such as indigenous people and people of African origin. The phenomenon of racial prejudice was an undeniable reality, but the region was awakening on such topics. Mr. Murillo Martinez urged the State party to ensure that people had full access to justice via the complaints mechanism of the attorney general’s office. The Rapporteur said he looked forward to future reports from Cuba and the progress they had made in the areas of non-discrimination and eradicating racism.

In brief concluding remarks, ABELARDO MORENO, Vice Minister of Foreign Affairs of Cuba, thanked the members of the Committee for two exceptionally rich sessions where they had a respectful and exceptional dialogue. He hoped to see them again to continue this dialogue.

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For use of information media; not an official record