Decree No. 349/2018 establishes a system of prior censorship for cultural activities, the arts, and other forms of expression, violating freedom of creative activity and the right to the full development of the human personality. It also violates freedom of thought, belief, and religion; freedom of opinion, association, and peaceful assembly.
In the PCC's Constitutional Project, all citizens (not every person), among other things, are recognized as having the right to education, culture, and their integral development[1]. Everyone has the right to participate in the nation's cultural and artistic life. Men and women have equal rights and obligations in cultural matters. Citizens must protect the country's natural resources and cultural and historical heritage.[2].
The State recognizes that forms of expression in art and artistic creation are free, but categorically affirms that their content respects the values of Cuban socialist society.[3]. Such a statement is a tacit acknowledgment that it will use prior censorship to monitor the content of forms of expression in art and artistic creation.
According to the Committee on Economic, Social and Cultural Rights, in its General Comment No. 21: Right of everyone to participate in cultural life (article 15, paragraph 1 a), of the International Covenant on Economic, Social and Cultural Rights), it explains that the right of everyone to participate in cultural life, like the other rights enshrined in the Covenant, imposes three types or levels of obligations on States Parties:
- a) the obligation to respect;
- b) the obligation to protect and
- c) the obligation to comply.
The obligation to respect requires the Cuban State to refrain from interfering, directly or indirectly, with the enjoyment of the right to participate in cultural life, a right that includes freedom of expression, individually, in association with others, or within a community or group. This implies that the State must abolish the censorship of cultural activities that it has imposed on the arts and other forms of expression. In other words, the repeal of Decree No. 349 and a constitutional project in which we can all contribute are necessary.
[1] Article 43 of the Draft Constitution
[2] Article 45, paragraph i) of Article 91 of the Draft Constitution
[3] Section h) of Article 95 of the Draft Constitution