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HUMAN RIGHTS
Economic, Social and Cultural
Rights
The essence of Cuba's political culture is captured in Fidel Castro's
phrase: "Everything within the Revolution, nothing outside the
Revolution"
Article 38 of the current Constitution establishes that educational and
cultural policies are based on Marxist-Leninist philosophy, and
emphatically states that the purpose of the government is the communist
formation of children, youths and adults, and artistic creativity is
free as long as long as its expression and content is not contrary to
the goals of the Revolution. In fact, the only published writers are
those who are politically integrated to the government. Unconditional
political conformation is a basic requirement to succeed culturally and
intellectually.
While free education in Cuba is looked upon favorably by all, it is no
less true that the degree of integration and political loyalty demanded
by an imposed ideology not only undermines but also rises as a
discriminatory barrier. The end result is that education cannot be said
to be "free" if to receive it one must submit one's conscience to the
will of the state that provides it.
Cuban Minister of Higher Education, Fernando Vecino Alegret's statement
that: "Universities are only for revolutionaries" reveals an intolerable
policy of discrimination. The same holds true for technical and
vocational schools.
Student participation in forced labor for several months of the year is
also an unacceptable practice.
The Student Cumulative Dossier evidences the degree of control the
government maintains over students and their homes. The Dossier, kept on
every student throughout their educational life, gathers information
concerning his or her political integration and that of the parents,
opinions and participation in political rallies and activities organized
by the government, records whether the student and his family practices
or professes a religion, notes the economic level of the family and
whether there is harmony in the home. The Dossier also contains other
information of a personal nature but that the government deems
politically important.
The government forces students and youth to attend political acts and
later presents that as proof that his government enjoys majority
support. Students who refuse to participate are at risk of being
expelled from their school. The same situation occurs with workers and
employees.
The participation of citizens in the economic life of the country is
limited to their capacity as workers. In 1968 the government completed
its process of confiscating properties and private business, while also
prohibiting new ventures, thus becoming the only employer in the island.
Not satisfied with that, it also went on to impose the condition that to
obtain employment, membership in its political organizations was
required. Decree 34 of March 12, 1980, establishes that: "The political
conduct of the worker is fundamental to his continued employment".
The majority of dissidents and human rights activists in Cuba have been
terminated from their jobs for political motives. Their next of kin are
often also made to pay with the loss of their jobs. Former political
prisoners are also victimized by discrimination in the work force.
The degree of political control exerted over workers violates
international labor laws. The Labor Record or employee file, as in the
case of the Student Cumulative Dossier, follows the worker for life,
recording, in addition to personal information, political and private
data as well.
Although Cuba laws do not explicitly ban the organization of independent
labor unions, the government does not recognize the existence of any,
instead punishing with job termination any worker that chooses to join
an independent union. The persecution and harassment against independent
labor union activists including Rafael Peraza, Rafael Iturralde,
Evaristo Pérez, Pedro Pablo Alvarez, Jorge Martínez, Florentino Ledesma
and Gustavo Toirac is consistently denounced before the International
Labor Organization in Geneva.
On a social scale, Cubans are discriminated against vis a vis foreigners
and government elite. Cubans are not allowed access to luxury hotels and
resorts, certain beaches, entertainment centers and restaurants.
Foreigners are allowed to purchase and own high-end apartments and
condominiums, but Cubans are not.
Foreigners are permitted, even encouraged, to open business in Cuba.
They are allowed to import and export and engage in commercial
transactions and services, while all these activities are prohibited to
Cubans citizens.
To attract foreign investment while still maintaining control, Cuba has
put in place a series of labor laws and practices that violate a number
of international labor agreements of which Cuba is part. A document
issued by the independent Consejo Unitario de Trabajadores Cubanos
(Unitary Council of Cuban Workers) dated October 20, 1999 and
distributed to foreign business in Cuba, denounces labor violations
incurred by these businesses as accomplices of the Cuban government.
The Cuban government prohibits foreign business from engaging in the
following:
1. Directly hiring workers. The government does the screening and
hiring, with the job going to, of course, those who are politically
loyal.
2. Salaries are negotiated between the government and the corporation.
Workers are never consulted by either party.
3. The salary of the worker is paid out in dollars to the government,
which then pays the worker the same numeric value, but in Cuban pesos.
The result is the confiscation by the government of approximately 95% of
the worker's salary. A dollar is worth 20 Cuban pesos. For example, the
government takes in $300 US dollars as the worker's salary and pays the
worker 300 pesos, the equivalent of $15 US dollars, hereby paying the
worker only 5% of the salary actually paid by the corporation.
4. Workers cannot organize unions in those corporations nor make claims
of any kind.
The above described practice, in violation of international agreements,
is also applied in contracts the Cuban government signs with other
countries to provide Cuban labor, for example, doctors or construction
brigades. It is estimated that around 20,000 Cubans work abroad under
these conditions.
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