Marque arriba en Preambulo el inicio de la version en Espanol de la Encuesta sobre la Carta Ciudadana que se esta realizando en Cuba y que terminara en Diciembre 10, dia Universal de los Derechos Humanos

(A WORKING PROJECT)

WHAT IS THE CHARTER OF FUNDAMENTAL RIGHTS AND DUTIES OF CUBANS?

It is a proposal launched by member organizations of the Mesa de Reflexión de la Oposición Moderada (MROM) [an analysis and reflection effort within the moderate opposition in Cuba] and other elements in Civil Society, which gathers the fundamental rights and duties all Cubans have or should have, without exclusions or discriminations whatsoever.

WHY IS THIS CHARTER PROPOSED?

Because in spite of the existing Universal Declaration of Human Rights, of which Cuba is a signatory, it is necessary to pinpoint rights and duties, within the specific conditions in our country, that all Cubans ought to know as an imperative and without delay, to foster a peaceful living together in an atmosphere of universally-shared values. Without the promotion of a culture of rights and the assimilation of a culture of peace this goal would not be attainable. This charter wants to join in this purpose.

WHAT IS THE PURPOSE OF THIS CHARTER?

To open a debate amongst most Cubans, in and out of the island, with the hope that, once the Charter may gain the highest level possible of public awareness and having been enriched by discussions, a process may begin with the objective of seeking that each signer might publicly assume it, as her / his own Charter of Citizens Rights and Duties, thus, validating it as the bedrock of a more modern and civilized institutionality.

FOR WHOM IS THIS CHARTER PROPOSED?

For all Cubans who, above and beyond political option, condition or preference, share in the destiny of the Cuban Nation.

CHARTER OF CUBANS’ FUNDAMENTAL RIGHTS AND DUTIES

(A WORKING PROJECT)

Considering the integrity, equality and dignity of all human beings as the foundation and primary goal of the human community.

Acknowledging that human rights originate in the proper, natural condition of the person and precede ideological, political or economic powers or interests.

Considering that the rights and duties of the human person are linked to the collective rights and duties of the majorities and the minorities.

Considering the close relationship between rights and duties and the universality and indivisibility of the rights(1) of the human person.

Acknowledging that respect for rights and duties of the human person is intimately linked to the best of our traditions, history and culture.

Taking into account that the State has responsibilities for the rights and duties of the human person, and considering likewise that the latter has them for the community and their fellowpeople.

Taking as a starting point that the Cuban people, as a historical, political and cultural unit, has the right, on the basis of the full exercise of its popular sovereignty(2) and through pluralistic democratic institutions, to freely establish its political condition and to channel its economic, social and cultural development, as well as to enjoy as supreme source of national sovereignty(3) its independence and self-determination.

WE ACKNOWLEDGE THAT ANY PERSON BORN IN THE REPUBLIC OF CUBA, OF CUBAN ANCESTRY, OR WHOM IN KEEPING WITH ACTUAL LEGISLATION HAS ADOPTED CUBAN CITIZENSHIP, ABOVE AND BEYOND RACE, SEX, RELIGION, IDEOLOGICAL TENDENCY, POLITICAL STAND, SEXUAL PREFERENCE OR ANY OTHER DISTINCTION OF HUMAN DIVERSITY, HAS ALL THE RECOGNIZED RIGHTS AND DUTIES IN THIS CHARTER.

OF THE RIGHTS OF THE HUMAN PERSON

 

Article 1- Any Cuban has the right to life. No Cuban shall be sentenced to death nor be executed.

Article 2- Any Cuban has the right to his / her dignity, to the respect of his / her physical, moral and psychological integrity by political, judicial, military, police, administrative or educational authorities.

Article 3- Any Cuban has a right to his / her privacy. No Cuban shall be the target of arbitrary or illegal inroads in his / her private life, family, domicile, communications or preferences.

Article 4- Any Cuban has the right to his / her freedom and personal safety. No Cuban shall be subject to indefinite nor arbitrary detention or incarceration.

Article 5- Any accused Cuban has the right of presumed innocence until proven guilty before an independent tribunal(4) and the right of a guaranteed, adequate defense in the framework of an impartial trial.

Article 6- No Cuban, if detained and indicted, shall be subject to tortures or cruel treatment, inhumane or degrading with the purpose of obtaining an inculpating confession or any other kind of information, nor for any other motive. This refers to the period before the trial and that of the fulfillment of the sentence, if found guilty.

Article 7- No Cuban shall be forced to respond to a police or judicial interrogation without legal counsel, chosen or accepted by him / her as his / her representative, nor would s/he be obligated to make self-incriminating statements nor declare him /herself guilty.

Article 8- Any Cuban, even if belonging to military or police institutions of the Nation, has the right to disobey any order violating the rights recognized in this Charter.

Article 9- No Cuban, whether a worker, a student or an inmate in a penitentiary(5),

shall be obligated to perform any work against his / her will.

Article 10- No Cuban shall be forced to be separated from her / his family, because of work or study matters, against his / her will.

Article 11- Any Cuban has the right to freedom of thought, conscience or religion. This right implies the freedom to change religion, as well as the right to express his /her beliefs publicly or privately, individually or collectively, through worship, teachings, practice and observance of rites. The right of a conscious objector is recognized(6).

Article 12- Any Cuban has the right of freedom of expression. This right entails the freedom to express and communicate his / her opinion through any media(7).

Article 13- Any Cuban has the right to access information. This right entails the freedom to research and to receive information through any of the existing channels and without any meddling by authorities.

Article 14- Any Cuban has the right to gather peacefully and to associate, in any ambience of his / her interests or preferences, as well as the right to create kindred international federations or to join them. Membership in an association shall not imply the granting of exemptions(8) or privileges by the State or public institutions(9). No Cuban shall be obligated to belong to any association against his / her will.

Article 15- Any Cuban has the right to participate in the government of his /her country and upon reaching adulthood, s/he has the right to elect and be elected by universal suffrage(10), direct and secret, in free and clean elections to any public position.

Article 16- Any Cuban has the right of free movement which implies to go back and forth and reside in the whole national territory, to freely leave the country and to return as s/he wishes.

Article 17- Any Cuban has the right, individually or collectively, to submit complaints and petitions to any competent authority, whether for some general or particular motive, and to obtain a swift resolution or adequate response.

 

OF SOCIAL AND CULTURAL RIGHTS

 

Article 18- Any Cuban has the right, individually or collectively, to offer initiatives aimed at reforming or modifying legislation, the Constitution of the Republic or even this Charter, as well as the right of being tapped on the initiatives or reforms presented by others.

Article 19- Any Cuban has the right to the highest academic level of education, which ought to promote the civilized living together of human beings and respect to the dignity and rights of the human person. This entails:

Free public instruction through higher levels, in a plural educational system(11) guaranteeing equal opportunities in terms of merits and capabilities.

The right of persons, individually or collectively, to create schools under

regulations reflecting public or social interest and principles of a civilized, democratic milieu.

The right of any Cuban to freely choose for him / herself and his /her offspring,

the kind of education in keeping with his / her philosophic, religious or pedagogical convictions.

Article 20- Any Cuban has the right of publicly participating, without conditions or

limitations, in the cultural and scientific life of the country. This entails:

The right of respect and protection for his / her freedom of research and

teaching(12) and artistic or intellectual creations.

The right of every person for social recognition and fair material benefits

stemming from scientific endeavors and artistic or intellectual achievements.

Article 21- Any Cuban has the right of free access to the practice of sports and

physical education individually or collectively. This right implies the creation of

sports associations and the enjoyment of benefits, social and material recognitions,

deriving from these activities.

Article 22- Any Cuban has the right to work and to freely choose his work. This entails the right to work in private or public enterprises, individually or collectively.

Article 23- Any Cuban has the right to equitable, satisfying working conditions(13) and to a proper salary allowing dignified living standards for him / her and her /his family. Likewise, s/he has the right to work in optimal safety and hygiene conditions, to be promoted, to remunerated rest, to enjoy leisure and to the reasonable limitation of labor hours, as well as to any other rights derived of his / her economic and social contributions.

Article 24- Any Cuban has a right to be fairly protected against unemployment.

Article 25- Any Cuban has the right to create unions and to carry out union activities in his / her job place.

Article 26- Any Cuban has the right to organize peaceful strikes and to be part of them in the framework of the law and in the spaces necessary to preserve order.

Article 27- Any Cuban has the right to social assistance and security and to be protected when lacking familiar or material support. Likewise, s/he has the right to create humanitarian, philanthropic or welfare entities –religious or lay- independent from the State, to promote assistance to the needy.

Article 28- Any Cuban family has the right to be protected and assisted, especially with offspring in the care of parents. Cuban mothers are entitled to the highest protection possible, before, during and after delivery. Both parents enjoy equal rights regarding the care, protection and guardianship of children. All children shall enjoy equal rights. Every Cuban child or teenager has the right to a special protection vis-à-vis any kind of exploitation or abuse.

Article 29- Any Cuban has the right, according to the law, to marry the person s/he determines, with the sole condition of the consent of the person chosen. Each partner in

The couple shall be able to dissolve the marital bond upon understanding that the basis for the union no longer exist.

Article 30- Any Cuban has the right to the best possible physical and mental health. Hence, s/he has the right to enjoy healthy environmental conditions and adequate nutrition. Likewise, s/he has the right to enjoy a social milieu allowing his / her contributions to its stability and equilibrium, as well as the normal development of children.

Article 31- Any Cuban has the right to adequate, free, medical and hospital assistance

within the public sector, and to be assisted, upon an emergency, by any medical or hospital unit within the private sector.

Article 32- Any Cuban has the right to property (private, cooperative, corporate(15) or social), individually or collectively, of personal goods or of productive means, of a journalistic, publishing, broadcasting or services nature.

Article 33- Any Cuban has the right of usage, enjoyment and availability(16) of his / her goods and capital assets. No one shall be able to strip him / her of his / her property. In case of confiscation for public utility, and in keeping with the law, the affected owner shall be duly compensated.

Article 34- Any Cuban has the right to a free economic initiative, hence, s/he might establish productive or commercial enterprises, individually or collectively, in association with other Cubans, with foreigners or with the State.

Article 35- Any Cuban has the right to the protection of intellectual property, above and beyond the country of residence.

Article 36- Any Cuban is obligated to respect the symbols of the homeland and national identity, as well as to procure and defend the integrity of the national territory.

Article 37- Any Cuban is obligated to respect and protect the national and cultural patrimony of the Nation.

Article 38- With the goal of providing stability and democratic development of the country, any Cuban is obligated as a citizen to participate, according to his / her interests, preferences or options in the betterment of the laws and institutions of the Nation.

Article 39- Any Cuban is obligated to seek his / her free, harmonious participation in the molding of the political will of the Republic, in a framework of respect of plurality, of a peaceful resolution of differences and of full democratic liberties and broad judicial guarantees.

Article 40- Any Cuban is obligated to contribute, through all means available, to the strengthening of the peaceful vocation of the Cuban society and Nation.

Article 41- Any Cuban is obligated to protect the social and ecological environment(17)

in his / her own community.

Article 42- Any Cuban is obligated to respect the rights of others, as well as to contribute to a healthy living together in his / her place of residence.

Article 43- Any Cuban is obligated to contribute, in a voluntary manner, to the betterment –physical and spiritual- of his / her communities, through actions and civic projects which s/he might deem appropriate towards said purposes.

Article 44- Any Cuban is obligated to respect the moral bases and acknowledged norms of citizens living together in society.

Article 45- The human person, as subject and center of any society, ought to be protected in all of his /her rights. Any Cuban is obligated to respect all of the rights gathered in the present Charter, which are inalienable(18) for any human person.

Article 46- Solidarity is a value contributing to the betterment of societies and flesh and bone persons. Any Cuban is obligated to show solidarity towards their fellowpeople as a means to contribute to human knowledge and to the goal of a more harmonious society.

The rights and duties of each Cuban gathered in this Charter, are only limited by the rights and duties of others, by the safety of all and by the fair demands of general wellbeing and democratic behavior.

Universality and Indivisibility of Rights.- The concept of the universality of a right refers to whether it is applicable anywhere in the world, above and beyond factors –cultural, social, political or economic- of the regime in place. The indivisibility refers to the body of rights, which ought not to be separated to privilege some in detriment of others, i. e., when the lack of civil tights is justified by showing the attainment of social rights.

Popular Sovereignty.- The expression of the most legitimate among powers. It is a right and jurisdiction of individuals as citizens to determine, by free suffrage in a democratic framework, their political system and their rulers.

3. National Sovereignty.- It is born in popular sovereignty and it differs in that it is

exercised through the institutions of the State, vis-à-vis other States or bodies

within the U. N. system.

Independent Tribunal.- It is a tribunal within the judicial system which works

without orders, influences or orientations from government, parliament or political parties.

5. Penitentiary System.- It is the body of institutions, installations and regulations

where life unfolds for people sentenced with loss of freedom by a tribunal for

perpetrated felonies.

Objections of Conscience.- The right of every person to reject the active

exercise of military or official functions detrimental to his / her religious or philosophical beliefs.

Means of Expression.- Means of communication, information, broadcasting,

expression or in sum "the media" refers to the body of resources –technical and stylistic- through which people disseminate information or viewpoints. Newspapers, radio, television, and today more so Internet are the means of expression to which every person should have access for expression and information.

Special Rights.- Granted to given individuals for belonging to a class, elite or

social group.

Public Institutions.- Those institutions which besides their objectives and

functions are mainly financed by the State with taxpayers monies.

Universal Suffrage.- This is the way in which voters participate to elect others to

public office and which assumes the participation of everyone of legal age, without consideration of economic status, race or sex of the voter.

Plural Education.- A school system embodying different types of programs and educational concepts, with any sort of conditioning or exclusions.

Academic Freedom.- This is the freedom a professor has, especially in higher

education, to present in his / her classes or lectures, concepts which for being new and controversial have not become academically acceptable.

Equitable Working Conditions.- Working conditions without discrimination

against people with similar levels of skills and training.

14. Philanthropic Entities.- Philanthropy is love of the human race. Philanthropic

institutions are those helping people, especially those in need, without profiting, and through material and financial resources from private contributors.

Corporate Property.- Property of individuals belonging to the same profession.

 

16. Availability (of the property).- The right of every owner to dispose of goods and

capital assets as s/he sees fit.

17. Ecological Environment.- It includes the air we breathe and all of the layers in the

earth’s atmosphere, the surface and depth of the planet, in its solid and liquid aspects,

all living species, animals and plants and, very specially so, the delicate balance in

which all of these elements coexist.

18. Inalienable Rights.- Those rights no one can take away.

All Cubans interested in participating with their views and suggestions in the Citizens

Proposal we are presenting in this Working Project, may do so, without the need for self-identification, through the telephones listed below: