Disadvantages for Exercising Fundamental Rights in Cuba

Havana photo by Juan Suarez

HAVANA TIMES – The division of human rights into three generations was initially proposed in 1956 by Czech jurist Karel Vasak at the International Institute of Human Rights in Strasbourg, France. Human rights had first been established internationally in the 1948 Universal Declaration of Human Rights.

The human rights of the first generation consist of freedom and participation in political life. They were designed to protect the individual from the excesses of the State. First-generation rights include freedom of expression, the right to a fair trial, freedom of movement, freedom of religion, and suffrage.

The human rights of the second generation are related to equity and equality. They are characterized by their social, economic, and cultural nature. They consist of the right to be employed and the protection of work in a broad sense. Additionally, rights to housing, education, and health; as well as social security and unemployment benefits.

The third generation of rights is based on heterogeneous rights such as the right to peace, quality of life, and guarantees against genetic manipulation.

On October 16, 1953, during his self-defense speech at the trial for the assaults on the Moncada and Carlos Manuel de Cespedes Barracks, Fidel Castro spoke about his tireless fight for human rights. However, after the triumph of the Cuban Revolution on January 1, 1959, none of this was realized.

First-generation human rights have not been guaranteed since 1959. We must take into account that the Cuban government established a single party, a single ideology, and strict state control over the army, the police, and the mass media. What predominates is “Order and Command.”

In Cuba, there is no freedom of the press or communication. For example, Humberto López, a Cuban jurist who appeared in 2021 on the Cuban Television News, insulted people such as artist Tania Bruguera and the San Isidro Movement, acting according to the interests of the Communist Party’s Ideological Department and State Security, as they are the ones who decide what can and cannot be said on television. The Cuban Television News should belong to all the people; however, for more than 46 years, the Cuban government has used the media for its own purposes.

None of the individuals accused from the July 11, 2021, protests in the streets of Cuba, demanding respect for fundamental rights, were given a fair trial or ensured due process. In a country with a totalitarian government system, where the constitutional separation of the three powers as described by Montesquieu does not exist, there can be no justice. These powers must be exercised by different, autonomous, and independent governing bodies.

No one has questioned how it is possible for a country with a totalitarian government to have a Ministry of Justice. It is an aberration and goes against the scientific concepts that a dictatorship could establish a Ministry of Justice. Please think about this. This name is incorrect.

Justice is related to the common will, with an equality of proportion for each member of society. It can only exist in republics where sovereignty rests with the people, there is universal suffrage, and the country’s president must be held accountable for mismanagement during their term.

As for second-generation human rights, we have the right to the broad labor protection.

Firstly, the salary that a Cuban worker receives is not enough to meet their basic needs, and under these conditions, they are not motivated to produce. Secondly, the Cuban worker cannot move up to a higher position based on their merits due to the way their intelligence is utilized. The communist government does not favor intelligent people but obedient ones, as the intelligent ones might generate opposition.

Work motivation is the expectation that workers have regarding the development of the company or entity in which they work and its economic and commercial success, which would allow them to meet their basic needs, activate their potential, and fulfill their aspirations. But in Cuba, the centrally  planned economy is an obstacle to the production of value and surplus value. The Cuban worker could have a quality of life and replenish their strength if not for these phenomena. Without a decent salary that can provide a state of well-being, there will be no efficiency in the country.

Cuba needs a Rule of Law where all citizens and institutions are accountable under the same publicly disclosed laws, including legislators and leaders. No one can be above the law or exempt from paying for their crimes and must be held accountable for their actions during their term. The Rule of Law implies that everyone is subject to the law, including legislators and judges, who are responsible for enforcing the law. Any measure or action must be subject to a written legal norm, and state authorities are strictly limited by a pre-established legal framework that accepts its forms and content.

A balance must be found between the groups in power, which should alternate through free elections and remain as the only form in which democracy finds its concrete realization. Then, collective decision-making can be achieved where the broadest possible citizen participation is foreseen and encouraged. Sovereignty must reside in the people.

Read more from Cuba here on Havana Times.

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