The independent human rights organization Ciudadanía y Libertad officially launched its legal report this Sunday titled “The Right to Association in Cuba: Legal Architecture of Repression.”
According to activist Carolina Barrero, one of its authors describes it as "a research that exposes how the Cuban regime has designed a legal framework that prevents the existence of independent organizations, criminalizes their development, and subordinates associations to the ideological control of the Communist Party."
The 76-page document, written by Barrero and Maylin Fernández, serves, according to its authors, as a “tool for action, a technical and political denunciation, and an urgent call for governments, international organizations, and cooperation actors to adopt a firm and committed stance towards Cuban civil society.”
The report contains a detailed analysis of a context where "the right to associate is subject to a legal system designed to impede its exercise."
Additionally, review the Cuban laws –No. 54/1985 up to the Penal Code of 2022, including laws 88/1999 and 80/1996– that criminalize the right to association.
Among the main findings of this report, the authors list how these laws hinder pluralism or criminalize international funding.
The report also examines how there is no public record of associations, which hinders oversight and citizens' access to updated data.
This document also denounces "the institutional monopoly of the State" over civil associations, which "directly contradicts international law."
"The Cuban legal framework does not recognize the freedom of association as an autonomous right, but rather as a privilege granted to those who align with the goals of the State. Any attempt to create independent organizations—whether feminist, labor, student, cultural, religious, or political—is systematically blocked or punished," they argue.
Finally, the Citizenship and Freedom report recommends that the international community "not legitimize the current Cuban legal framework," "demand minimum guarantees in the new Law on Associative Forms" (which will be instituted in July of this year), "monitor and make visible the legal repression of civil society," as well as "protect and fund independent organizations."
Founded in 2023, on the third anniversary of the popular uprising on July 11, 2021, Ciudadanía y Libertad is an independent organization that aims to defend the rights to association, assembly, and participation in Cuba and to promote the active involvement of citizens in transforming their reality.
Frequently Asked Questions about the Right to Association in Cuba
What does the report reveal about the right of association in Cuba?
The report reveals that the Cuban regime has designed a legal framework that prevents the existence of independent organizations and criminalizes their development. This legal framework subordinates associations to the ideological control of the Communist Party, hindering pluralism and criminalizing international funding.
What are the Cuban laws that affect the right of association?
The report reviews various Cuban laws, including Law No. 54/1985, Law 88/1999, Law 80/1996, and the Penal Code of 2022, highlighting how these laws criminalize the right to associate and hinder the existence of independent organizations.
What recommendations does the report make to the international community?
The report recommends that the international community not legitimize the current Cuban legal framework and demand minimum guarantees in the new Associative Forms Law. It also suggests monitoring legal repression against civil society and protecting independent organizations.
How does the Cuban regime limit freedom of association according to the report?
The Cuban regime limits freedom of association by not recognizing it as an autonomous right, but rather as a privilege conditioned on alignment with the goals of the State. This systematically blocks or punishes any attempt to create independent organizations.
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