C u b a

1. CONSTITUTIONAL FRAMEWORK

The Party has a prior and superior right to that of the citizen as purveyor of information. The civil and political rights of the citizen are subordinate to the aims of the socialist society and determined by material conditions. They are not inherent to the person nor to the citizen.

Article 53 of the Constitution of the Republic of 1976 recognizes freedom of expression and of the press, subject to the aims of the socialist society. Article 62 of the Constitution limits it even further and Article 5 places the Party above society and above the state for it to guide and organize all the common efforts that are made in pursuance of the well-being of society.

There is no law providing for or prohibiting censorship. The role of censor of information is carried out by the Department of Revolutionary Orientation (DOR) under the Ideological Secretariat of the Communist Party of Cuba?s Politburo. This Department was created in the mid-1960s, at the time with the name of Revolutionary Orientation Commission (COR), and handles propaganda and ideology for the government and designs and carries out official policy concerning the news media.

Journalists who stray from the official line can be expelled from their workplace and even jailed. Juan Orlando Pérez, from the Havana weekly Tribuna de La Habana, was fired just 48 hours after the December 22, 1995, edition ran an article by him titled ?Who said you had to give money for the Martí exercise books?? which did not meet the COR?s approval. Also dismissed were the publication?s editor, Angel Zúñiga Suárez, managing editor, Argentina Jiménez Rodríguez and news editor, María Elena Pacheco.

State control of information and the expression of ideas is in sharp contrast to the level of education in the country. In Cuba, people have a right to education but not information. As a result of the political changes in the former Communist countries, a debate arose among Cuban journalists on the need to rethink information policy. When the first criticisms appeared in the press blaming national institutions for the economic and social upheaval in the country, the quantity and frequency of periodicals decreased, newsprint was restricted to authorized publications and journalists regarded as ?argumentative? were reassigned to other duties or simply sent home. In addition, the president of the Cuban Journalists Union (UPEC) had his pass to cover the Cabinet meetings revoked to avoid any leak of news about the problems the nation was having.

During UPEC?s 6th Congress in October 1986, a top agenda item was ?journalists? self-censorship when reporting,? saying that this self-censorship was needed because of ?the isolation, hostility, aggression and ongoing blockade to which Cuba had been subjected since the triumph of the Revolution.? It added: ?Discretion was ? and can still be ? a weapon in defense of our interests and for the security of the country.?

Freedom of the press is recognized as a right under the national Constitution ? though conditionally ? but it is not guaranteed as a natural corollary to freedom of expression and information. Journalists have no freedom and independence before the government, Communist Party, the Revolution and the state, the latter being the only owner of the means of production. Cuban journalists practice their profession with no conscience clause.

The official policy of the government and Party regarding the press and the limits within which it may exercise its freedoms is expressed in the following statement:

?The critical role of the press as ?the fourth estate? is not necessary for Cuban revolutionary democracy.? (Fidel Castro speaking at the Second Plenary of the Communist Party of Cuba?s Central Committee, as published in Cuba Socialista of Havana 6 (23), September-October 1986, reprinted in Rectificación, Fidel Castro on the process of rectification in Cuba (1986-1990), Thematic Selection, Verde Olivo Collection, Editora Política, Havana, 1990, pp 71-75.

Already the draft program for the Communist Party of Cuba?s 6th Congress in 1997 had declared that the news media and educational and cultural institutions ?face the biggest challenge ? to guarantee the continuation of socialist, patriotic, anti-imperialist views and values, those of the Revolution itself, in future generations of Cubans.?




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