Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
Rape and Domestic Violence: The law specifically criminalizes rape of women, including spousal rape, and separately criminalizes “lascivious abuse” against both genders. The government often enforced both laws. Penalties for rape are at least four years’ imprisonment. Several reports, however, suggested that crimes against women were underreported and the state failed to investigate many cases. The government recognized the high rate of femicides for the first time in a report released on May 19.
The government specifically targeted activists organizing a campaign called Women United for Our Rights that asked the state to update data on crimes against women, train officials to handle crimes against women, and define gender-based violence in the law. Nancy Alfaya Hernandez, one of the organizers of the group, was detained and threatened by state security officials in August, September, October, and December and warned that because of the “current situation,” activities designed to call attention to gender-based issues would not be allowed “not now, not ever.” Police also targeted small groups of women assembling to discuss women’s rights and gender issues more broadly, including at least once when authorities surrounded a house where such a meeting was about to take place, prevented persons from leaving and arriving freely, and told the homeowner that “we know you aren’t just meeting with your neighbors.” The government opposed any programs not state-sponsored that focused on gender violence.
The law prohibits all threats and violence but does not recognize domestic violence as a distinct category of violence. Penalties for domestic violence range from fines to prison sentences of varying lengths, depending on the severity of the offense.
Sexual Harassment: The law provides penalties for sexual harassment, with potential prison sentences of three months to five years. The government did not release any statistics on arrests, prosecutions, or convictions for offenses related to sexual harassment during the year.
Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization.
Discrimination: The law accords women and men equal rights, the same legal status, and the same responsibilities with regard to marriage and divorce, parental duties, home maintenance, and professional careers. No information was available on whether the government enforced the law effectively.
Birth Registration: Citizenship is normally derived by birth within the country’s territory, and births were generally registered promptly. Those who emigrate abroad and subsequently have children must request a Cuban passport for the child before re-entering Cuba.
Early and Forced Marriage: The legal minimum age of consent for marriage is 18. Marriage for girls as young as 14 and for boys as young as 16 is permitted with parental consent.
Sexual Exploitation of Children: Prostitution is legal for individuals 16 and older. There is no statutory rape law, although penalties for rape increase as the age of the victim decreases. The law imposes seven to 15 years’ imprisonment for involving minors younger than 16 in pornographic acts. The punishment may increase to 20 to 30 years or death under aggravating circumstances. The law does not criminalize the possession of pornography, but it punishes the production or circulation of any kind of obscene graphic material with three months’ to one year’s imprisonment and a fine. The offer, provision, or sale of obscene or pornographic material to minors younger than 16 is punishable by two to five years in prison. Child trafficking across international borders is punishable by seven to 15 years’ imprisonment. The law does not establish an age of consent, but sexual relations with children younger than 16 can be prosecuted if there is a determination of rape. In such cases the law leaves room for consideration of possible consent and the age of the other person, especially if the other person is also a minor. A determination of rape may be made if victims lack the ability to understand the extent of the action or is not in command of their conduct, which could be applied or claimed for a person age 15 or 14. The penalty ranges from four to 10 years’ imprisonment. If the victim is older than 12 and younger than 14, the penalty is seven to 15 years’ imprisonment. The punishment for having sex with a minor age 12 is 15 to 30 years’ imprisonment or death.
International Child Abductions: The country is not a party to the 1980 Hague Convention on the Civil Aspects of Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.html.
There were between 1,000 and 1,500 members of the Jewish community. There were several reports of anti-Semitic acts. In December authorities expelled a Jewish group from a hospital during a postcircumcision ceremony, even though the children were still in need of medical care. In another case police interrupted a Jewish ceremony, entering the property with police dogs without a warrant and harassing members of the congregation. Police officers said they were investigating a reported robbery, but no member of the congregation had reported a robbery. There were also several reports of local police refusing to investigate or file reports of threats and harassment against Jews and, in one case, a report of a Jewish child repeatedly beaten at school in the presence of school administration and staff. According to credible media sources, on December 13, municipal officials in Nuevitas, Camaguey, prohibited a 12-year-old child from attending school if he wore a kippah (religious headgear).
See the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.
No known law prohibits discrimination against persons with disabilities. The Ministry of Labor and Social Security oversees the Employment Program for Persons with Disabilities. The law recommends that buildings, communication facilities, air travel, and other transportation services accommodate persons with disabilities, but these facilities and services were rarely accessible to persons with disabilities.
A large number of persons with disabilities who depended on the state for their basic needs struggled to survive due to lack of resources and inattention. Some persons with disabilities who opposed the government were denied membership in official organizations for the disabled, such as the National Association for the Blind. As a result, they were denied benefits and services, which included 400 minutes of telephone usage, training in the use of a white cane and in Braille, and reduced fares on public transportation.
Afro-Cubans often suffered racial discrimination, and some were subject to racial epithets while undergoing beatings at the hands of security agents in response to political activity. Afro-Cubans also reported employment discrimination, particularly in positions of prominence within the tourism industry, media, and government. Employment advertisements were allowed to be openly sexist and racist. State agents threatened antiracist activists, such as Norberto Mesa Carbonell, founder of The Brotherhood of Black People, who received threatening telephone calls after publishing on August 15 an open letter to the government on structural racism in the country.
The law prohibits discrimination based on sexual orientation in employment, housing, statelessness, or access to education or health care but does not extend the same protections to transgender or intersex individuals based on gender identity or expression.
The government did not recognize domestic human rights groups or permit them to function legally. Several unrecognized NGOs that promote LGBTI human rights faced government harassment, not for their promotion of such topics, but for their independence from official government institutions.
Despite a history of state-sanctioned events in support of the LGBTI community, state-funded, the National Center for Sex Education (CENESEX) canceled its annual conga (gay pride march) against homophobia. Activists, including many trained and supported by CENESEX in the past, quickly organized a peaceful march in support of LGBTI rights on May 11. Despite explicit declarations in the preceding days that the purpose of the march was not a demonstration against the government but rather a call for reforms within the system, the government detained, assaulted, and attempted to intimidate activists participating in the event on the day of the march and in the months that followed, including Iliana Hernandez, Boris Gonzalez, Ariel Ruiz Urquiola, Oscar Casanella, and Yasmany Sanchez. On May 8, the government refused entry into Havana to Washington Blade journalist Michael Lavers as he was traveling to cover the event. Multiple NGOs and international organizations, such as the Inter-American Commission on Human Rights, protested the repression from authorities and the violation of freedom of expression and assembly, and three LGBTI activists–Roberto Ramos Mori, Leodan Suarez Quinones, and Yasmany Sanchez (again)–were detained in the days following the event.
The government operated four prisons exclusively for inmates with HIV/AIDS; some inmates were serving sentences for “propagating an epidemic.” Hospitals and clinics sometimes discriminated against HIV-positive patients.
Special diets and medications for HIV patients were routinely unavailable, sometimes resulting in their death from state neglect. On April 12, HIV/AIDS sufferer Ramon Acosta Galeto died, according to his mother, because the state provided insufficient medical assistance, despite her son having been approved for it.
Section 7. Worker Rights
a. Freedom of Association and the Right to Collective Bargaining
The law, including related regulations and statutes, severely restricts worker rights by recognizing only the CCP-controlled Central Union of Cuban Workers (CTC) as the paramount trade union confederation. To operate legally, all trade groups must belong to the CTC. The law does not provide for the right to strike. The law also does not provide for collective bargaining, instead setting up a complicated process for reaching collective agreements. The International Labor Organization (ILO) raised concerns regarding the trade union monopoly of the CTC, the prohibition on the right to strike, and restrictions on collective bargaining and agreements, including that government authorities and CTC officials have the final say on all such agreements.
The government continued to prevent the formation of independent trade unions in all sectors. The CCP chose the CTC’s leaders. The CTC’s principal responsibility is to manage government relations with the workforce. The CTC does not bargain collectively, promote worker rights, or advocate for the right to strike. The de facto prohibition on independent trade unions limited workers’ ability to organize independently and appeal against discriminatory dismissals. The government’s strong influence over the judiciary and lawyers limited effective recourse through the courts.
During the year, as in the past several years, Ivan Hernandez Carrillo, general secretary of the Association of Independent Unions of Cuba, was harassed, beaten, detained, threatened, and fined. After being detained for several hours in July, he was released only to have his house surrounded by security officers.
Several small, independent labor organizations operated without legal recognition, including the National Independent Workers’ Confederation of Cuba, National Independent Laborer Confederation of Cuba, and Unitarian Council of Workers of Cuba; together they constituted the Independent Trade Union Association of Cuba (ASIC). These organizations worked to advance the rights of workers by offering an alternative to the state-sponsored CTC and purported to advocate for the rights of small-business owners and employees. Police reportedly harassed the independent unions, and government agents reportedly infiltrated them, limiting their capacity to represent workers effectively or work on their behalf.
In late 2017 ASIC filed a complaint with the ILO in which the trade union alleged harassment and persecution of independent trade unionists involving aggression, arrests, assaults and dismissals; other acts of antiunion discrimination and interference on the part of the public authorities; official recognition of only one trade union federation controlled by the state; absence of collective bargaining; and no legal recognition of the right to strike. In June 2018 the ILO requested the government ensure ASIC be given recognition to freely operate and carry out its trade union activities, in accordance with freedom of association. ASIC was the first domestic independent trade union in more than 50 years to participate in the International Labor Conference, held in Geneva in June. During the conference the ILO Committee of Experts on the Applications of Conventions requested the government provide statistical data on the number of collective agreements indicating the number of workers covered by sector.
b. Prohibition of Forced or Compulsory Labor
The law does not explicitly prohibit forced labor. It prohibits unlawful imprisonment, coercion, and extortion, with penalties ranging from fines to imprisonment, but there was no evidence these provisions were used to prosecute cases of forced labor. The use of minors in forced labor, drug trafficking, prostitution, pornography, or the organ trade is punishable by seven to 15 years’ incarceration. The government enforced the laws, and the penalties appeared sufficient to deter violations.
Compulsory military service of young men was occasionally fulfilled by assignment to an economic entity controlled by the military or by assignment to other government services. Many citizens were employed by state-run entities contracted by foreign entities inside the country and abroad to provide labor, often highly skilled labor such as doctors or engineers. These employees received a small fraction of the salaries paid to the state-run company, often less than 10 percent. For example, in the “Mais Medicos” program run in cooperation with the Pan-American Health Organization in Brazil, of $1.3 billion the Brazilian government paid for the services of Cuban doctors, less than 1 percent–only $125 million–was paid to the doctors who provided the services. The rest went into the Cuban government’s coffers. Doctors in the program complained of being overworked and not earning enough to support their families. Former participants described coercion, nonpayment of wages, withholding of their passports, and restriction on their movement, which the government denied. Similar practices occurred in the tourism sector.
Prisoners were subject to forced labor. The government did not facilitate payment of decent wages to those incarcerated. The government continued to use high school students in rural areas to harvest agricultural products (also see section 7.c.).
Also see the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.
c. Prohibition of Child Labor and Minimum Age for Employment
The law prohibits all of the worst forms of child labor. The legal minimum working age is 17, although the law permits the employment of children ages 15 and 16 to obtain training or fill labor shortages with parental permission and a special authorization from the municipal labor director. The law does not permit children ages 15 and 16 to work more than seven hours per day, 40 hours per week, or on holidays. Children ages 15 to 18 cannot work in specified hazardous occupations, such as mining, or at night.
There were no known government programs to prevent child labor or to remove children from such labor. Antitruancy programs, however, aimed to keep children in school. Inspections and penalties appeared adequate to enforce the law, because inspections for child labor were included in all other regular labor inspections. The government penalizes unlawful child labor with fines and suspension of work permits. There were no credible reports that children younger than 17 worked in significant numbers.
The government used some high school students in rural areas to harvest agricultural products for government farms during peak harvest time. Student participants were not paid but received school credit and favorable recommendations for university admission. Ministry of Education officials used the “Escuela al Campo” plan to make students ages 11 to 17 work in the agricultural sector with no pay. Students were expected to work 45 days during the first academic quarter. Failure to participate or obtain an excused absence reportedly could result in unfavorable grades or university recommendations, although students were reportedly able to participate in other activities (instead of the harvest) to support their application for university admission. Children who performed agricultural work under the “Escuela al Campo” plan were not given the proper tools, clothing, footwear, or food. Deficient and unsanitary living conditions, coupled with a crumbling infrastructure, exposed them to diseases, such as dengue fever, zika, and chikungunya.
d. Discrimination with Respect to Employment and Occupation
The law prohibits workplace discrimination based on skin color, gender, religious belief, sexual orientation, nationality, “or any other distinction harmful to human dignity,” but it does not explicitly protect political opinion (see section 7.a.), social origin, disability, age, language, gender identity, or HIV-positive status or other communicable diseases. No information was available on government enforcement of these provisions during the year.
The government continued to use politically motivated and discriminatory dismissals against those who criticized the government’s economic or political model. The government deemed persons “unfit” to work because of their political beliefs, including their refusal to join the official union, and for trying to depart the country illegally. The government also penalized professionals who expressed interest in emigrating by limiting job opportunities or firing them. A determination that a worker is “unfit” to work could result in job loss and the denial of job opportunities. Persons forced out of employment in the public sector for freely expressing themselves were often further harassed after entering the emerging but highly regulated self-employment sector.
Discrimination in employment occurred with respect to members of the Afro-Cuban and LGBTI populations. Leaders within the Afro-Cuban community noted some Afro-Cubans could not get jobs in better-paying sectors such as tourism and hospitality because they were “too dark.” Afro-Cubans more frequently obtained lower-paying jobs, including cleaning and garbage disposal, which had no interaction with tourists, a major source of hard currency.
Hiring practices in the private sector were racist, colorist, and sexist. A job posting for an accounting or finance position usually called for women with lighter or olive skin, blonde, and physically fit. Postings for bodyguards and security jobs normally sought male candidates of color, who were perceived as being stronger than other races.
There were no statistics stating whether the government effectively enforced applicable laws.
e. Acceptable Conditions of Work
Authorities set a national minimum wage at a rate below the poverty line, which even with subsidies did not provide a reasonable standard of living.
The standard workweek is 44 hours, with shorter workweeks in hazardous occupations, such as mining. The law provides workers with a weekly minimum 24-hour rest period and one month of paid annual vacation per 11 months of effective work. These standards apply to state workers as well as to workers in the nonstate sector, but they were seldom enforced in the nonstate sector. The law does not prohibit obligatory overtime, but it generally caps the number of overtime hours at 16 hours per week and 160 per year. The law provides few grounds for a worker to refuse to work overtime below these caps. Compensation for overtime is paid in cash at the regular hourly rate or in additional rest time.
The government set workplace safety standards and received technical assistance from the ILO to implement them. The Ministry of Labor and Social Security enforced the minimum wage and working-hours standards through offices at the national, provincial, and municipal levels, but the government did not effectively enforce occupational safety and health standards. No information was available about the number of labor inspectors. Reports from recent years suggested there were very few inspectors and that health and safety standards frequently were ignored or weakened by corrupt practices.
According to government statistics, approximately 618,000 (36 percent of whom were women) were self-employed by the end of September, a 4.9 percent increase from December 2018. The percentage of the total workforce in the private sector increased from approximately 25 percent in 2012 to 31.6 percent at the end of 2018. In December 2018 the government resumed the issuance of new licenses for self-employed persons and small private businesses that had been frozen since 2017.
Rules implemented in 2018 ban businesses operating under the license of “facilitator of home swaps and home sales-purchases” to operate as real estate or dwelling management companies or to hire employees. The rules also apply to music, art, or language teachers, other teachers, and sport trainers. The rules forbid the creation of schools or academies. They are particularly restrictive for the cultural sector, forbidding artists from dealing directly with the private sector, i.e., avoiding the intermediation and supervision of state-run agencies. The number of economic activities allowed to self-employed persons and small private businesses decreased, mostly due to merging and regrouping activities.
Despite criminal penalties for doing so, a significant number of workers participated in the informal economy, including individuals who actively traded on the black market or performed professional activities not officially permitted by the government.
Self-employed persons, such as fruit sellers, bicycle taxi drivers, and others, were frequently targeted by police for allegedly acting illegally, even when licensed. Police sometimes arbitrarily and violently closed down these businesses and confiscated any goods.
Foreign companies operated in a limited number of sectors, such as hotels, tourism, and mining. Such companies operated via a joint venture in which the government contracted and paid company workers in pesos an amount that was a small fraction of what the company remitted to the state for labor costs. Most formal employment took place only through government employment agencies. Employers, including international businesses and organizations, were generally prohibited from contracting or paying workers directly, although many reportedly made supplemental payments under the table. The Ministry of Labor enforces labor laws on any business, organization, or foreign governmental agency based in the country, including wholly owned foreign companies operating in the country, joint-stock companies involving foreign investors operating in the country, the United Nations, international NGOs, and embassies. Cuban workers employed by these entities are subject to labor regulations common to most state and nonstate workers and to some regulations specific to these kinds of entities. Government bodies, including the tax collection agency and the Ministry of Finance and Prices, enforced regulations. There were no reports about protections of migrant workers’ rights.
After increasing 4 percent in 2016, workplace accidents registered a downward trend, decreasing 10 percent in 2017 and 5 percent in 2018. Deaths related to workplace accidents increased 27 percent in 2016 and then decreased 2 percent in 2017 and 20 percent in 2018. By sector, in 2018 most deaths related to workplace accidents were concentrated in defense and public administration (17 percent), communal services and other services (16 percent), mining and quarries (14 percent), and construction (13 percent).
The CTC provided only limited information to workers about their rights and at times did not respond to or assist workers who complained about hazardous workplace conditions. It was generally understood that workers could not remove themselves from dangerous situations without jeopardizing their employment, and authorities did not effectively protect workers facing this dilemma.