The case of the rebellious artist Dayán Melián Castro, The case of [name omitted], who is threatened with internal deportation from Havana to Camagüey, is not an isolated incident. It is, in fact, part of a restrictive pattern of human rights violations, the implementation of which depends on a legal framework designed to restrict the freedom of movement of Cuban citizens. At the same time, this framework is used to repress political opponents, human rights activists, and independent journalists, who are forced to leave Havana and move to their home provinces. In these provinces, the repression tends to be less visible and more severe, as has been documented by [authors/documents/reporters]. Cubalex.
The national legal framework: the trap of Decree no. 217
Dayán Melián Castro has expressed who doesn't leave his house at night for fear of being identified by the police and deported to his home province. The legal basis used by the authorities to justify the internal deportation of Cuban citizens within their own country is the Decree no. 217 of 1997, Internal Migration Regulations for the City of Havana. This regulation establishes several restrictions on residency in Havana province, affecting those traveling from other parts of the country. First, it sets restrictions on actual residency, requiring anyone from another province who wishes to establish a domicile in Havana to obtain prior administrative permission. This means that the authorities handle these matters as a discretionary right of admission, granting or denying residency in the nation's capital.
Second, the aforementioned decree establishes punitive requirements; that is, to legalize residency in Havana, the dwelling must have at least 10 square meters of habitable space per person. This criterion is often used arbitrarily to deny residency to people who exercise their rights against the Cuban political regime. Third and finally, Article 8 of Decree No. 217 explicitly recognizes the obligation to return immediately to their place of origin for those residing in Havana without official recognition, accompanied by financial penalties.
This legal framework contravenes the provisions of Article 52 of the 2019 Constitution, This article recognizes that individuals have the freedom to enter, remain in, travel through, and leave the national territory, as well as to change their domicile or residence. It also violates the principles of equality and non-discrimination recognized in Article 42 of the Constitution. According to this article, all persons are equal before the law, receive the same protection and treatment from the authorities, and enjoy the same rights, freedoms, and opportunities, without any discrimination based on sex, gender, sexual orientation, gender identity, age, ethnic origin, skin color, religious belief, disability, national or territorial origin, or any other personal condition or circumstance that implies a distinction harmful to human dignity.
Violation of international standards
But applying these legal provisions against Dayán Melián Castro not only violates the Cuban Constitution. It also violates international standards of human rights. In Article 13 of the Universal Declaration of Human Rights It recognizes the right to freedom of movement by proclaiming that “everyone has the right to freedom of movement and to choose his residence within the territory of a State.” In the International Covenant on Civil and Political Rights (ICCPR), in its article 12 also states that “every person lawfully within the territory of a State shall have the right to move freely within it and freely choose his residence therein.”.
The article itself states that freedom of movement is an indispensable condition for the free development of the individual, and any permissible limitations that may be imposed on this right should not nullify it. The ICCPR states that this right “shall not be subject to any restrictions except those provided by law, which are necessary to protect national security, public order, public health or morals, or the rights and freedoms of others, and are compatible with the other rights recognized herein” (Article 12.3).
From this perspective, every person lawfully within the territory of a State enjoys, within that territory, the right to move freely and choose their place of residence. In principle, nationals of a State are always lawfully within the territory of that State and therefore have the right to move freely and settle in the place of their choice. The enjoyment of this right should not depend on any particular objective or motive of the person wishing to move or remain in a place. All restrictions must comply with paragraph 3 of Article 12 of the ICCPR.
From this perspective, the considerations of the United Nations High Commissioner for Human Rights contained in the document are applicable to the case of Dayán Melián Castro. Principles and practical guidelines supported by practical guidance on the protection of the human rights of migrants in vulnerable situations. This recognized that there are internal migrants in vulnerable situations, and defined them as those who cannot effectively enjoy their human rights, who are at greater risk of suffering violations and abuses, and who, consequently, must demand greater protection from States.
Conclusion
The possible deportation of Dayán Melián Castro to Camagüey constitutes an abuse of administrative law for purposes of political control. By forcing his transfer, the Cuban state not only violates his freedom of movement but also dismantles his artistic and social support network in the capital, using internal deportation as an accessory sanction not declared judicially but carried out through police coercion. Cubalex denounces these measures as repressive and incompatible with international obligations to respect and guarantee human rights.