The independent human rights organization, Ciudadanía y Libertad, officially unveiled its legal report titled “The Right of Association in Cuba: Legal Architecture of Repression” this past Sunday. Carolina Barrero, one of the authors and an activist, describes it as "a study that reveals how the Cuban regime has crafted a legal framework that obstructs the existence of independent organizations, criminalizes their progress, and subjugates associations to the ideological control of the Communist Party."
Authored by Barrero and Maylin Fernández, the 76-page document serves as a "tool for action, a technical and political denunciation, and an urgent call to governments, international organizations, and cooperative actors to take a firm and committed stance with Cuban civil society," according to the authors.
Comprehensive Legal Analysis
The report provides a thorough analysis of a scenario in which "the right of association is subject to a legal system designed to prevent its exercise." It reviews Cuban laws—from Law No. 54/1985 to the Penal Code of 2022, including Laws 88/1999 and 80/1996—that criminalize the right of association.
Among the report's key findings, the authors highlight how these laws inhibit plurality and criminalize international funding. Additionally, the report examines the absence of a public registry for associations, which hinders oversight and public access to updated information.
State Control Over Civil Associations
The document further denounces "the institutional monopoly of the State" over civil associations, which "directly contradicts international law." It argues that the Cuban legal framework does not acknowledge the freedom of association as an autonomous right but rather as a privilege granted to those aligned with state objectives. Any attempt to establish independent organizations—be they feminist, unionist, student, cultural, religious, or political—is systematically obstructed or punished.
Recommendations for the International Community
Finally, Ciudadanía y Libertad's report advises the international community to "not legitimize the current Cuban legal framework," "demand basic guarantees in the new Law of Associative Forms" (set to be established in July of this year), "monitor and highlight the legal repression of civil society," and "protect and fund independent organizations."
Founded in 2023 on the third anniversary of the popular uprising of July 11, 2021, Ciudadanía y Libertad is an independent organization aiming to defend the rights of association, assembly, and participation in Cuba and to encourage citizens to actively engage in transforming their reality.
Understanding Cuba's Associative Rights and Legal Challenges
What is the main focus of the report by Ciudadanía y Libertad?
The report concentrates on how the Cuban regime has established a legal framework that restricts independent organizations, criminalizes their growth, and places them under the ideological control of the Communist Party.
Why is there no public registry for associations in Cuba?
The lack of a public registry for associations is part of a legal strategy to prevent oversight and deny citizens access to updated information, thus controlling the formation and operation of independent organizations.
How does the report suggest the international community should respond?
The report recommends that the international community should not legitimize Cuba's current legal framework, demand minimum guarantees in forthcoming laws, monitor legal repression, and support independent organizations.