Cuba

The largest island country in the Caribbean, Cuba has a population of approximately 11 million. The Republic of Cuba is one of the world’s last remaining Communist states. There is no official state religion, however a majority of the population are Christian (58.9%). The nonreligious make up the next largest group (23.2%), followed by those believing in folk religion (17.6%). Buddhists, Hindus, Jews, and Muslims make up less than 1% of the population each.[ref]https://www.cia.gov/the-world-factbook/countries/cuba/#people-and-society[/ref] Many individuals, particularly Afro-Cubans, practice religions with roots in the Congo River Basin and West Africa, including Yoruba groups. These religious practices are commonly intermingled with Catholicism and other forms of Christianity and some require Catholic baptism for full initiation, making it difficult to accurately estimate their total membership.[ref]https://www.state.gov/reports/2020-report-on-international-religious-freedom/cuba/[/ref]

Use of Conscientious Objection clauses resulting in the denial of lawful services to women and LGBTI+ people
Religious or ideological instruction is mandatory in all or most state-funded schools with no secular or humanist alternative
Insufficient information or detail not included in this report
Insufficient information or detail not included in this report

Countries: Kazakhstan

The state is secular, with separation of religious and political authorities, not discriminating against any religion or belief
Insufficient information or detail not included in this report
No fundamental restrictions on freedom of expression or advocacy of humanist values
Insufficient information or detail not included in this report

Countries: no countries relate to this boundary condition

No condition holds in this strand
No condition holds in this strand

Countries: Andorra

No condition holds in this strand
Religious courts or tribunals rule directly on some family or ‘moral’ matters; it is legally an opt-in system, but the possibility of social coercion is very clear
No condition holds in this strand

Countries: no countries relate to this boundary condition

Localised or infrequent but recurring and widespread social marginalisation or prejudice against the non-religious

This condition is unusual in that it is applied in cases where there is some social discrimination, but it is not pervasive or nationwide. This condition is applied when there is sufficient background evidence to warrant the assertion that discrimination is not anomalous but widespread, and this condition may be applied for example even where if there is no legislative discrimination or where the non-religious may have legal recourse against such discrimination. However, societal discrimination (i.e. discrimination by peers, as opposed to state or legal discrimination) is not easily measured, and for this reason the Report does not currently have similar more severe boundary conditions to capture higher levels of social discrimination per se. In principle these may be introduced in future. However, we consider that countries with actual higher levels of social discrimination against the non-religious will generally already meet other higher level (more severe) boundary conditions under this thematic strand.

The dominant influence of religion in public life undermines the right to equality and/or non-discrimination

Applied when the influence of religion on public life undermines others’ rights, such as SRHR, women’s rights, LGBTI+ rights.

May be applied when the influence is overt (i.e. when religious laws are applied to undermine others’ rights) or covert (i.e. where religious pressure groups exert influence to affect policy)

The non-religious are persecuted socially or there are prohibitive social taboos against atheism, humanism or secularism
Complete tyranny precludes all freedoms of expression and thought, religion or belief

Applied when overriding acts of oppression by the State are extreme, to the extent that the question of freedom of thought and expression is almost redundant, because all human rights and freedoms are quashed by authorities.

Countries: North Korea

Expression of core Humanist principles on democracy, freedom and human rights is brutally repressed
Expression of non-religious views is severely persecuted, or is rendered almost impossible by severe social stigma, or is highly likely to be met with hatred or violence
There is significant social marginalisation of the non-religious or stigma associated with expressing atheism, humanism or secularism
Religious or ideological indoctrination is utterly pervasive in schools
There is a nominal state church with few privileges or progress is being made toward disestablishment

Countries: Bulgaria, Norway, Peru, Rwanda

The non-religious are barred from some government offices (including posts reserved for particular religions or sects)
‘Apostasy’ is outlawed and punishable with a prison sentence

Countries: Bahrain, Comoros, Jordan, Kuwait

‘Apostasy’ or conversion from a specific religion is outlawed and punishable by death
Some religious courts rule in civil or family matters on a coercive or discriminatory basis
Religious authorities have supreme authority over the state

Countries: Iran

State legislation is partly derived from religious law or by religious authorities
Preferential treatment is given to a religion or religion in general

This condition is applied where there are miscellaneous indicators that organs of the state offer various forms of support for a religion, or to religion in general over non-religious worldviews, suggesting a preference for those beliefs, or that the organs of that religion are privileged.

There is a pattern of impunity or collusion in violence by non-state actors against the nonreligious
State-funded schools provide religious education which may be nominally comprehensive but is substantively biased or borderline confessional
Religious or ideological instruction in a significant number of schools is of a coercive fundamentalist or extremist variety

This condition highlights countries where schools subject children to fundamentalist religious instruction with no real opportunity to question fundamentalist tenets, or where lessons routinely encourage hatred (for example religious or ethnic hatred). The wording “significant number of schools” is not given a rigid quantification (sometimes the worst-offending schools are unregistered, illegal, or otherwise uncounted); however the condition is not applied in cases where only a small number of schools meet the description and may be anomalous, as opposed to being indicative of a widespread problem.

State legislation is largely or entirely derived from religious law or by religious authorities
Anomalous discrimination by local or provincial authorities, or overseas territories
Religious or ideological instruction is mandatory in at least some public schools (without secular or humanist alternatives)
‘Blasphemy’ or criticism of religion is outlawed and punishable by death
Government figures or state agencies openly marginalize, harass, or incite hatred or violence against the non-religious
Government authorities push a socially conservative, religiously or ideologically inspired agenda, without regard to the rights of those with progressive views
It is illegal to advocate secularism or church-state separation, or such advocacy is suppressed
Prohibitive interreligious social control (including interreligious marriage bans)
Quasi-divine veneration of a ruling elite is enforced, or a single-party regime holds uncontested power, subject to severe punishment
Legal or constitutional provisions exclude non-religious views from freedom of belief
It is illegal to register an explicitly Humanist, atheist, secularist or other non-religious NGO or other human rights organization, or such groups are persecuted by authorities
There is a religious tax or tithing which is compulsory, or which is state-administered and discriminates by precluding non-religious groups
The non-religious are barred from holding government office
Some concerns about children's right to specifically religious freedom

This condition may apply if specifically religious education, religious materials, or specific religious denominations are so tightly controlled that children are in fact over-protected from exposure to religion and are likely unable to explore or construct their own worldview in accordance with their evolving capacities. This condition helps us to classify states (perhaps with secular constitutions) which have criminalized specifically religious beliefs or practices. This condition is not applied if the restricted beliefs or practices are found to be outlawed due to their being of an extremist variety. While this condition does not directly reflect discrimination against non-religious persons or non-religious ideas, it does represent an overall threat to freedom of thought, conscience, religion or belief; such restrictions could spill over to affect non-religious beliefs later; and they pose a risk of backlash against over-zealous secular authorities or even against non-religious individuals by association.

It is illegal or unrecognised to identify as an atheist or as non-religious
It is made difficult to register or operate an explicitly Humanist, atheist, secularist or other non-religious NGO or other human rights organization
 
Grave Violations
Severe Discrimination
Systemic Discrimination

Constitution and government

The Constitution[ref]https://www.constituteproject.org/constitution/Cuba_2019.pdf?lang=en (in English); http://www.cuba.cu/gobierno/NuevaConstitucion.pdf (in Spanish)[/ref] affirms the secular nature of the state and the right freedom of religion, although in practice the government tends to restrict this right.

As a result of a national referendum held on 24 February 2019, a new constitution was adopted. The new constitution states that “the state recognizes, respects, and guarantees religious liberty” and that “distinct beliefs and religions enjoy equal consideration” (Article 15). Further, Article 57 states that

“Any person has the right to profess or not profess their religious beliefs, to change them, and to practice the religion of their choice with the required respect to other beliefs and in accordance with the law.”

In addition, the Constitution prohibits discrimination based on religious beliefs (Article 43).

The Constitution also “recognizes, respects, and guarantees” freedom of thought, conscience and expression (Article 54) and the rights of assembly and association (Article 57). In practice, however, the authorities routinely repress and punish dissent and public criticism (for more information see ‘Freedom of expression and advocacy of humanist values’ below).[ref]https://www.hrw.org/world-report/2021/country-chapters/cuba[/ref]

The State operates an Office of Religious Affairs, which is responsible for oversight of freedom of religion or belief in the country.

On 2 December 2020, the U.S. Secretary of State again placed Cuba on the Special Watch List “for having engaged in or tolerated severe violations of religious freedom.”[ref]https://www.state.gov/reports/2020-report-on-international-religious-freedom/cuba/[/ref]

Registration of religious groups

The Law of Associations requires all religious groups to apply to the Ministry Of Justice for official registration akin to that of civil society organizations.[ref]https://www.parlamentocubano.gob.cu/index.php/documento/ley-de-asociaciones/ (in Spanish)[/ref] Once granted, registered religious groups must still seek permission from the Office of Religious Affairs each time it wants to conduct activities other than regular services, such as holding meetings in approved locations, publishing major decisions from meetings, receiving foreign visitors, importing religious literature, purchasing and operating motor vehicles, and constructing, repairing, or purchasing places of worship.[ref]https://www.state.gov/reports/2020-report-on-international-religious-freedom/cuba/[/ref]

Groups failing to register face penalties ranging from fines to closure of their organizations and confiscation of their property.[ref]https://www.state.gov/reports/2020-report-on-international-religious-freedom/cuba/[/ref] Membership of an unregistered association is punishable by up to three months in prison or a fine under Article 208.1 of the Penal Code. Leaders of such groups may be sentenced to up to one year in prison.[ref]https://www.warnathgroup.com/wp-content/uploads/2015/03/Cuba-Penal-Code-Lawyers-Without-Borders-2009.pdf (in English); https://www.gacetaoficial.gob.cu/es/ley-no-62-codigo-penal (in Spanish)[/ref]

Restrictions on freedom of religion or belief in practise

According to the US State Department’s 2020 report on religious freedom in Cuba:[ref]https://www.state.gov/reports/2020-report-on-international-religious-freedom/cuba/[/ref]

“Many religious groups said notwithstanding the constitutional provisions providing for freedom of conscience and religion and prohibiting discrimination based on religion, the government continued to use threats, detentions, violence, and other coercive tactics to restrict the activities of some religious groups, leaders, and followers, including the right of prisoners to practice religion freely. Religious groups also said the government applied the law in an arbitrary and capricious manner.”

Overall, the government commits numerous violations of freedom of religion or belief. These violations, which numbered as high as 220 in 2014, are committed predominantly by the Office of Religious Affairs.[ref]https://www.csw.org.uk/2018/01/24/report/3827/article.htm[/ref] The government is reported to deny or ignore requests to register buildings as places of worship; according to Christian Solidarity Worldwide, some churches have waited for around 25 years for legal permission to exist, without which they are forced to meet illegally. This makes them vulnerable to confiscation or demolition. Many Cubans are prevented from attending religious services, as evidenced by weekly arrests of women affiliated with the Ladies in White – an internationally acclaimed peaceful civic movement made up of wives and female relatives of jailed dissidents.[ref]https://www.frontlinedefenders.org/en/case/case-history-damas-de-blanco; https://www.hrw.org/world-report/2021/country-chapters/cuba [/ref] It is unclear whether their arrests are particularly related to their attendance of mass or their wider advocacy for the release of imprisoned dissidents.

Followers of other religious faiths, such as Muslims and Jews have also faced harassment at the hands of the authorities. According to the US State Department, Jewish parents were informed that they would be charged with “acts against the normal development of a minor” – for which the penalty is a one-year prison sentence – if they sent their children to school wearing kippahs.[ref]https://www.state.gov/reports/2020-report-on-international-religious-freedom/cuba/[/ref] A 2020 report by the United States Commission on International Religious Freedom exposed how many followers of Yoruba practices, such as Santería face harassment, discrimination and even detention, particularly if they belong to an unregistered group.[ref]https://www.uscirf.gov/sites/default/files/2021%20Factsheet%20-%20Santeria%20in%20Cuba.pdf[/ref] USCIRF also reported attempts by the State to co-opt Santería for political gain.

According to the US State Department:[ref]https://www.state.gov/reports/2020-report-on-international-religious-freedom/cuba/[/ref]

“Some religious groups continued to report [that] the government allowed them to engage in community service programs and to share their religious beliefs. Other religious groups reported government restrictions varied and were largely based on the government’s perceptions of the “political pliancy” of each religious group. Religious leaders continued to report government opposition to and interference in religious groups’ providing pastoral services.”

On 2 December 2020, the U.S. Secretary of State again placed Cuba on the Special Watch List “for having engaged in or tolerated severe violations of religious freedom.”[ref]https://www.state.gov/reports/2020-report-on-international-religious-freedom/cuba/[/ref]

In response to this and the passage of UN Resolution 43/34[ref]https://undocs.org/pdf?symbol=en/A/HRC/RES/43/34[/ref] “Combating intolerance, negative stereotyping and stigmatization of, and discrimination, incitement to violence and violence against, persons based on religion or belief“ the Cuban mission enumerated the legal provisions for the protection of freedom of religion or belief which exist in the country, claiming that questions and concerns raised by the US delegation regarding freedom of religion or belief in the country were biased and politically motivated in order to achieve a “change in regime”.[ref]https://www.ohchr.org/Documents/Issues/Religion/Islamophobia-AntiMuslim/States/CUBA.pdf[/ref]

Under Article 294 of the Penal Code, disrupting ceremonies of registered religious groups is punishable by up to one year in prison. The penalty is increased to up to two years if the offence is committed by a public official.[ref]https://www.warnathgroup.com/wp-content/uploads/2015/03/Cuba-Penal-Code-Lawyers-Without-Borders-2009.pdf (in English); https://www.gacetaoficial.gob.cu/es/ley-no-62-codigo-penal (in Spanish)[/ref]

However, abuse of the “freedom to worship” against “the education objectives, the work duty, the defense of the Nation with arms, the veneration of its symbols or any others stipulated in the Constitution” is punishable by up to a year in prison and/or a fine (Article 206 of the Penal Code).

Education and children’s rights

The government does not permit the existence of private primary and secondary schools, including religious schools, although several international schools in Havana operated under agreements with the government and were given considerable leeway in setting their curricula. Home-schooling is also illegal. In one instance, a Christian pastor and his wife were imprisoned for removing their children from the state-run school system.[ref]https://www.csw.org.uk/annualreport.htm; https://www.radiotelevisionmarti.com/a/crece-interes-por-la-ensenanza-privada-en-cuba/145218.html [/ref]

Religious education does not form part of the school curriculum, however, the Cuban Mission to the United Nations reports that s are free to teach children about their religion at home.[ref]https://www.ohchr.org/Documents/Issues/Religion/Islamophobia-AntiMuslim/States/CUBA.pdf[/ref] Select religious groups are also permitted to run after school classes, seminaries and inter-faith training centres.[ref]https://www.state.gov/reports/2020-report-on-international-religious-freedom/cuba/[/ref]

Academic curricula at all levels of schooling are highly politicized. Consequently, groups such as Jehovah’s Witnesses experienced difficulties accommodating their prohibitions against political involvement in this environment. For instance, some Jehovah’s Witnesses leaders encouraged their members to avoid university education.[ref]https://www.state.gov/reports/2020-report-on-international-religious-freedom/cuba/[/ref]

The government restricts academic freedom. Educators and academics must receive permission to attend academic conferences, if not prevented from attending at all. Intellectuals are often dismissed from their positions and discriminated in other ways for holding views critical of the regime.[ref]https://freedomhouse.org/country/cuba/freedom-world/2021[/ref]

Family, community and society

LGBTI+ rights

Discrimination against sexual discrimination or gender identity is protected under Article 42 of the Cuban Constitution. Despite recent protections against discrimination enshrined in the 2019 Constitution, members of the LGBTI+ community continue to face harassment, discrimination and violence. In its report on Cuba,[ref]https://www.oas.org/en/iachr/reports/pdfs/Cuba2020-en.pdf[/ref] the Inter-American Commission on Human Rights (IACHR), stated:

“The Inter-American Commission has recognized the efforts of the Cuban State in adopting legal measures for the comprehensive protection of lesbian, gay, bisexual, trans and intersex (LGBTI) persons […]

“However, the IACHR notes with concern that LGBTI people and human rights defenders working on issues of sexual orientation, gender identity and/or expression, and sexual characteristics still suffer violence, discrimination, restrictions on their rights of assembly and association, and curtailment of their freedom of expression and dissemination of thought.”

Article 36 of the 1976 Cuban Constitution defined marriage as “the voluntarily established union between a man and a woman”. However, the new Constitution no longer defines marriage as such. Article 82 reads “Marriage is a social and legal institution. It is one form of family organization. It is based on free will and equality of rights, obligations and legal capacity of the spouses. The law decides how it is constituted and its effects.” However, the full recognition of same-sex marriage will depend on a pubic consultation of the revised Family Code.[ref]https://www.oas.org/en/iachr/reports/pdfs/Cuba2020-en.pdf; https://oig.cepal.org/sites/default/files/cub_1975_ley_1289_codfamilia.pdf (in Spanish) [/ref] A referendum on the subject was deferred following the petition of various evangelical churches, who opposed same-sex marriage.[ref]https://www.14ymedio.com/sociedad/Varias-Iglesias-Gobierno-Revolucion-igualitario_0_2468153169.html; https://www.oas.org/en/iachr/reports/pdfs/Cuba2020-en.pdf [/ref]

Freedom of expression, advocacy of humanist values

Stifling dissent

Brief and arbitrary detention is a common practice used to harass dissidents in Cuba.[ref]https://www.hrw.org/world-report/2021/country-chapters/cuba; https://observacuba.org/informes-ddhh/detenciones-arbitrarias/2021-detenciones-arbitrarias/; https://www.oas.org/en/iachr/reports/pdfs/Cuba2020-en.pdf
[/ref] The police rarely provide the detained with a reason or warrant for their arrest, and in some cases, detainees are released after receiving official warnings, which prosecutors can use in subsequent criminal trials to show a pattern of “delinquent” behavior.[ref]https://www.hrw.org/world-report/2021/country-chapters/cuba[/ref]

The Cuban government fails to recognize human rights monitoring as a legitimate activity and denies legal status to local human rights groups.[ref]https://www.hrw.org/world-report/2021/country-chapters/cuba[/ref] Human rights defenders, independent journalists, bloggers, writers, poets, social media influencers, artists, and academics who publish information considered critical of the government are routinely subject to harassment, violence, smear campaigns, travel restrictions, internet cuts, online harassment, raids on their homes and offices, confiscation of working materials, and arbitrary arrests. They are regularly held incommunicado.[ref]https://www.hrw.org/world-report/2021/country-chapters/cuba[/ref]

According to the CIA World Factbook (2020), the government “owns and controls all broadcast media” and “private ownership of electronic media is prohibited”. Of the several online independent news sites, those that are critical of the government are blocked. Around 57% of the population has access to the internet, though special authorization is needed to buy computers or access the internet.[ref]https://www.cia.gov/the-world-factbook/countries/cuba/#communications[/ref]

Cuban citizens are banned from hosting their writings on foreign servers. Investigators are authorized to engage in electronic surveillance without prior judicial approval by Decree 389.[ref]https://www.gacetaoficial.gob.cu/es/decreto-ley-389-de-2019-de-consejo-de-estado[/ref] Information gathered under electronic surveillance can be used as evidence in criminal cases.[ref]https://freedomhouse.org/country/cuba/freedom-world/2021[/ref] Laws restricting the internet were increasingly used over the course of 2020 to restrict the freedom of expression of independent journalists, including those promoting freedom of religion or belief and other human rights.[ref]https://www.state.gov/reports/2020-report-on-international-religious-freedom/cuba/; https://pen-international.org/news/pen-international-freemuse-christian-solidarity-worldwide-csw-and-artist-at-risk-connection-arc-pen-america-submit-upr-mid-term-report-on-cuba; https://pen-international.org/news/cuba-organisations-call-for-the-immediate-release-of-journalist-roberto-quinones-haces[/ref]

Decree 347 of 2018[ref]https://www.gacetaoficial.gob.cu/es/decreto-347-de-2018-de-consejo-de-ministros[/ref] requires the Ministry of Culture to approve public and private cultural activities and bans artistic content found to harm “Ethical and cultural values”. The artists’ collective MSI have organized protests and a hunger strike in November 2020. The authorities retaliated by raiding the movement’s headquarters, at the Havana home of artist Luis Manuel Otero Alcántara.[ref]https://freedomhouse.org/country/cuba/freedom-world/2021[/ref]

Under Decree 349[ref]http://juriscuba.com/legislacion-2/decretos-2/decreto-no-349/[/ref] all artists – including collectives, musicians and performers – cannot “provide artistic services” in public or private spaces without prior approval from the Ministry of Culture. Those who hire or make payments to people for artistic services without authorization are subject to sanctions, as are the artists. Sanctions include fines, confiscation of materials, cancellation of artistic events, and revocation of licenses. Local independent artists have protested the decree, both before and after it entered force in April 2019.[ref]https://www.hrw.org/world-report/2020/country-chapters/cuba#eaa21f; https://www.amnesty.org/en/latest/news/2018/08/cuba-new-administrations-decree-349-is-a-dystopian-prospect-for-cubas-artists/; https://pen.org/wp-content/uploads/2019/09/Art-Under-Pressure_online.pdf; https://artistsatriskconnection.org/story/art-under-pressure-decree-349-restricts-creative-freedom-in-cuba[/ref]

Freedom of assembly

The right to assemble is also severely limited. Cubans are not free to create organizations that are not state sponsored, including independent labor unions, think tanks, and political parties.[ref]https://freedomhouse.org/country/cuba/freedom-world/2021[/ref]

Detention or the threat of detention is often used to prevent people from participating in peaceful marches or meetings to discuss politics. Detainees are often beaten, threatened, and held incommunicado for hours or days. Police have been criticized for their use of violence to quell protests.[ref]https://www.hrw.org/world-report/2021/country-chapters/cuba[/ref]