Annual Report on Human Rights 2008 - Cuba

Cuban citizens benefit from a free national healthcare system, universal education and gender equality under Cuban law. But there are legitimate international concerns about the denial of basic civil, political and economic rights in the country. Cuba is a one-party, Communist state. To safeguard the political ideology of the regime, and to protect itself from a perceived threat from the USA, Cuban society is tightly controlled. Restrictions on freedom of expression and association remain widespread. There is no independent domestic media of any size, and political opposition is not tolerated.

Having temporarily delegated his duties to his brother, Raúl Castro, in June 2006, Fidel Castro announced on 19 February 2008 that he would not stand again as President of Cuba. The National Assembly unanimously elected Raúl Castro Cuban President on 24 February. In his acceptance address, he announced that some of the prohibitions and regulations which affect the daily lives of Cuban citizens would be lifted. This led to some optimism that broader reforms and human rights improvements might be implemented.

Although there has been no significant progress in Cuba's human rights situation during 2008, there have been some small steps forward. In February, Cuba's Foreign Minister Felipe Pérez Roque signed two key UN human rights treaties – the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR) – and released four political prisoners arrested during the crackdown on opposition groups in 2003, with the condition that they leave Cuba for Spain. President Raúl Castro announced in April that all death sentences would be commuted to life or 30 years' imprisonment, apart from in terrorism cases. And in November 2007, the UN Special Rapporteur on the Right to Food visited Cuba, presenting his report to the Human Rights Council in March. Along with other governments and international organisations, the UK remains committed to maintaining awareness of human rights concerns in Cuba and continues to press the Cuban government to make practical improvements in line with international human rights standards.

The main areas of concern in Cuba relate to the denial of political, civil and economic rights to the general population.

Political prisoners

The Cuban government retains tight control over information about its prisons and the International Committee of the Red Cross is not allowed access to Cuban prisons. Amnesty International recognised 58 prisoners of conscience in Cuba at the end of 2008 while the unofficial Cuban Commission for Human Rights and National Reconciliation reported in August 2008 that there were at least 219 political prisoners detained in Cuba. Of the 75 political dissidents arrested in the 2003 clampdown, 55 remain in prison, including nearly all the members of Oswaldo Payá's opposition group. They have been charged with crimes including 'acts against the independence of the state' and receiving funds from the USA, and received lengthy custodial sentences in summary trials. We have concerns about the overall denial of basic prisoners' rights, including prison conditions and access to healthcare in prison. A number of political prisoners have undertaken protest hunger strikes during 2008.

Intimidation of opposition

Dissidents' and political opponents can be subject to government-sponsored acts of violence and intimidation known as 'acts of repudiation'. In violation of the basic right of free expression, criticism of the regime is not tolerated and outspoken dissidents and human rights defenders face considerable harassment such as threats of violence, intimidation of family members, arbitrary arrest and personal attacks in the state-run media. We received a higher than usual number of reports of short term detentions in 2008. We remain concerned about the continued use of charges of 'social dangerousness'. This is a pre-emptive charge based on an individual's propensity to commit a crime, and has been almost exclusively applied to critics of the government. For example, Gorki Águila was arrested in August on charges of social dangerousness. As lead singer of punk rock band Porno Para Ricardo he was known for his explicit anti-Castro lyrics and strong views against the government. In this instance the case generated international attention and he was released without charge. International human rights organisations such as Amnesty International are refused access to Cuba.

Restrictions on the Cuban population

In addition to the restrictions placed on political opposition, the Cuban government enforces strict limitations on Cuban citizens' freedom of expression, association and assembly more generally, as well as denying basic economic freedoms. There is a sophisticated system of state vigilance at every level of society designed to identify and discourage dissenters at an early stage. There is no independent broadcast media. Ordinary Cubans are not legally able to access foreign print media or television and access to the internet is closely controlled. Cubans do not have the right to form trades unions or join the trades union of their choice. The only trades union movement in Cuba is run by the state. In contravention of the right to leave and return to their country, Cubans have to apply for expensive exit visas to travel outside Cuba. These are regularly used as a means to limit further the freedoms of opposition leaders and professionals in certain key areas, such as health and education. If Cubans do not comply with the validity of the exit permit, they are denied return entry into Cuba, rendering them effectively stateless.

Death penalty

Cuba has not applied the death penalty since 2003, but capital punishment remains on the statute book for terrorism.

Human rights remain at the heart of the UK's policy and relationship with Cuba. At the June 2008 European Council, EU foreign ministers reaffirmed that an improvement in Cuba's human rights situation – in particular the release of all political prisoners – remained a key EU priority. The European Council also agreed to begin a broad political dialogue with Cuba, which would provide, among other things, further opportunities to discuss democracy and human rights. To facilitate this, the EU agreed to lift the already suspended political 'measures' restricting high-level EU relations with Cuba.

The first dialogue meeting between the Troika and Cuban Foreign Minister Pérez Roque took place in Paris in October Discussions covered a range of potential areas of cooperation, but also emphasised human rights concerns, particularly civil and political rights. Continuation of the dialogue will depend on there being concrete progress on human rights. The EU continues to raise its concern about political prisoners with the Cuban government.

Our Embassy in Havana monitors the human rights situation throughout the country and maintains regular contact with Cuban civil society. UK ministers and officials continue to raise human rights in bilateral meetings with the Cuban government and to support activities to promote and improve human rights.

Former FCO Minister, Meg Munn, discussed human rights with Cuba's Vice-Foreign Minister Eumelio Caballero in April. Her successor, Gillian Merron, also raised human rights in an introductory meeting with the Cuban Ambassador in November. In keeping with the EU common position and in principled support for the right of freedom of expression and association, British ministers will not visit Cuba unless they are able to meet dissident opposition groups as well as Cuban government ministers.

Despite some early optimism that Raúl Castro might have a positive impact on the human rights situation in Cuba, most commentators agree that he has not yet demonstrated a genuine political will to introduce fundamental freedoms. We assess that changes are unlikely while Fidel Castro continues to have some influence behind the scenes. Nevertheless, the coming year offers an important window of opportunity for Cuba to take forward practical human rights reforms.

Cuba will undergo the Human Rights Council's universal periodic review in February 2009. The annual review of the EU Common Position in June 2009 will also assess the impact of the political dialogue on the human rights situation on the ground. The Cuban government faces a clear choice, as progress on human rights would help build a sustained and transformed relationship with the EU. Further to signing, we hope to see ratification and implementation of the two human rights covenants.