Legal framework on freedom of religion and actual application
Article 15 of the Cuban Constitution promulgated on 10 April 2019, “recognizes, respects, and guarantees religious liberty” and defines the country as a “secular state”. The same article claims that in the Republic of Cuba, “religious institutions and fraternal associations are separate from the State and share the same rights and duties”, and that “distinct beliefs and religions enjoy equal respect”.
Article 42 establishes that “all people are equal before the law, receive the same protection and treatment from the authorities, and enjoy the same rights, liberties, and opportunities” without any discrimination for reasons such as “religious belief”. Any violation will be “punished by law.”
Article 57 recognises everyone’s right “to profess or not profess their religious beliefs, to change them, and to practice the religion of their choice with the required respect for other beliefs and in accordance with the law”.
However, Article 5 presents the Communist Party of Cuba as “the superior driving political force of the society and the State”, describing it as uniquely “Marxist-Leninist” and – as inspired by José Martí and Fidel Castro – adds that it “organizes and guides the common effort in the edification of socialism and progress toward a communist society”. This imposition of an exclusively communist societal model – especially as there is no independent institution or organism to guarantee respect for constitutional rights – belies the fundamental human right to “freedom of thought, conscience and religion”.
This is also confirmed in practice. The Communist Party of Cuba maintains total control of all aspects through the Ideological Department, which oversees the Office of Religious Affairs. The subjugation of all social regulation to the state and to the Communist Party often runs counter to the human right to “to manifest his religion or belief in teaching, practice, worship and observance”, which does not merely implicate “the simple freedom to hold religious beliefs, but the freedom of each person to live according to their faith and to express it publicly.” The text of the constitution, for example, does not provide for legal recognition of Churches, nor does it foresee the possibility of these “having systematic access to media, freedom to teach and evangelise, to build infrastructure and to own the necessary items for its activities, or the right to association for non-exclusively religious ends, such as educational, cultural, health or charity.”
Reform of the Criminal Code
The subordination of religious beliefs to the interest of the Party is expressed in the reform of the Criminal Code, published in the official gazette on 1 September 2022, which came into force on 1 December 2022. Article 272 refers to “Abuse of religious freedom” and claims that “whosoever, abusing the constitutionally guaranteed religious beliefs or practices, holds them in opposition to the purposes of education, […] or to any other duty established by the Constitution of the Cuban Republic, is to be punished with deprivation of freedom for six months to a year, or to a fine of one to three hundred penalty units, or both.”
The new Criminal Code places very heavy limits on freedom of speech, which is linked to religious liberty, and imposes draconian penalties on any criticism of the socialist state in several of its articles. The use of social media is an aggravating factor.
Article 124.1., of the chapter on “Crimes against the internal security of the State”, provides for punishments of three to eight years in prison for whosoever “incites against social order, international solidarity or the Socialist State as recognised in the Constitution of the Republic”; if this incitement is carried out through social media, the punishment is aggravated from four to 10 years.
Article 266 of the section on “Public disorder” punishes the dissemination of fake news, but also “malicious forecasts aimed at causing alarm, discontent or disinformation among the population” with deprivation of freedom for one to three years. It specifies that this punishment can be from two to five years in case of the use of “social media or means of social communication in both the physical and digital realm” . For an idea of the seriousness of the penalty, this is the same punishment applied to individuals who cause public disorder with firearms or explosives.
Chapter IV, Article 270, punishes, among others, whosoever belittles “the institutions of the Republic of Cuba, and the country’s political organisations, be they of a mass or social nature”, with deprivation of freedom for two to five years.
Right to freedom of association
Chapter VIII, Article 274 of the Criminal Code, related to “Illegal associations, gatherings and demonstrations” warns that belonging to “a non-authorised association incurs a punishment of deprivation of freedom for six months to a year”, rising to six months to two years for the organisers of such associations. Those responsible may also be liable to an accessory punishment of confiscation of goods. The following, Article 275, punishes the organisation of, or participation in, gatherings celebrated by said associations.
The transitional provisions of the Law of Associations of 1985 stipulate the creation of a “Law on the regulation of religious worship” , however, as a religious worship law does not exist, most religious institutions remain subject to the Law of Associations. The Catholic Church is not covered by the Registry of Associations, except in cases where the obtention of a construction permit is required, which is handled by the Justice Ministry.
According to sources close to the Government, there are 651 religious institutions and 1,562 fraternal institutions enrolled in the Registry of Associations of the Republic of Cuba, 50 percent of which were registered and recognised following the revolution. Many of the groups which remain legally unrecognised are said to be potential sources of division.
The legal recognition of an association will be denied if it is found that its activities are carried out by an already registered group. Once recognised, the religious entities must require permission from the Office of Religious Affairs to be able to carry out their own activities.
There are three state-run organisations representing the other associations: the Council of Churches for Protestants and Evangelicals, the Cultural Yoruba Association for the Yoruba religion, and the Cuban Islamic League for Muslims. Critics of the regime have accused these of being stooges aimed at overriding the voice of these religious groups. There are also doubts about the political independence of the Interreligious Dialogue Platform, which supposedly “gathers believers of established religions in Cuba, and faith-based Associations, Institutions and people in Cuba” , and which is run by Enrique Alemán Gutierrez, a member of the Cuban National Assembly of People’s Power.
Office of Religious Affairs
There is no legal framework for the defence of religious freedom. The Office of Religious Affairs of the Central Committee of the Communist Party administers the different aspects of religious life: it approves or denies visits by foreigners to religious associations, authorises the construction, repair or acquisition of places of worship, grants permits to perform public religious services, and oversees the importation of religious literature, etc.
Rulings 43 and 46 of February 2005, published in the Official Gazette (No. 8, April 2005), regulate and restrict the use of places of worship. Ruling 43 requires that, in the case of repairs (even if they are minor), extensions and new constructions, religious organisations must obtain prior government authorisation. Ruling 46 lays down the guidelines for application, processing, and authorisation of worship in private homes.
The Department for Attention to Religious Institutions and Fraternal Associations, was created on 16 March 2022 as “part of the strengthening of Government structure” , but does not suppress the purview of the Office for Religious Affairs. The new department “fulfils the ideas, concepts and directives of the VIII Party Congress, in the perfection of the methods of the organisation’s management and policies regarding religious and fraternal affairs, which have been the object of permanent attention by the directorate of the Revolution”. No further information was found on the activities or the exact task of this new department.
Incidents and developments
In the period under review, there were dozens of incidents that cannot be listed individually, but are best grouped into different categories:
11 July retaliations
Many of the incidents which took place within the period under review are related to retaliation for direct or indirect support provided by religious groups to popular demonstrations that took place on 11 July 2021, as well as support for the families of hundreds of individuals who were later arrested during the protests. The demonstrations, occurring in many parts of the country, demanded freedom, and expressed discontent regarding the economic crisis,.
Fr Cástor Álvarez, a Catholic priest from Camegüey, was beaten and detained for 20 hours for trying to help a wounded protestor. The following day a seminarian from Matanzas, Rafael Cruz Débora, was arrested in his home at 5 am for having tried to mediate conflicts, he was released three days later.
In December 2021, Pastor Lorenzo Rosales Fajardo of the independent (non-registered) Church of Mount Zion in Palma Soriano, who had been imprisoned since August 2021, was accused of public disorder and attacking law enforcement agents during the 11 July protests and sentenced to seven years in jail.
Reverend Yordanys Díaz Arteaga, Chairman of the Reformed Christian Church of Cuba, was arrested on 1 February 2022 for a few hours and then placed under house arrest for possession of illegal merchandise. According to sources close to Díaz, the false charges were due to his decision to leave the Cuban Council of Churches (CCC), an ecumenical organisation with a history of government support. Other sources indicated he was found in possession of clothes to be donated to prisoners.
One year after the demonstrations, in July 2022, the Conference of Men and Women Religious of Cuba (ConCur) recalled that there were still “around 700 people in prison”, some of whom “have not yet been subjected to trial, in breach of the ordinary and extraordinary time limits stipulated by law.”
On 13 September 2022, the Jesuit Fr David Pantaleón, who is from the Dominican Republic and was the director of ConCur, was forced to leave Cuba following the government’s refusal to renew his residence permit. One of the reasons behind the decision, according to the priest, was the fact that the Catholic Church was supporting inmates of Cuban prisons and expressing concern over the fate of those who had been arrested during the 11 July protests.
Catholic priests’ letters against the limitation of democratic rights and state repression
In January 2021, a letter headed “I have seen the affliction of my people”, which was signed by 735 people including 27 Catholic priests, was published on social media. The letter criticised corruption and the inequality that pervades Cuba and called for political reforms.
On November 2021, 14 Catholic priests published an open letter calling for “justice, freedom and peace” in Cuba.
Following these publications, several priests said they felt threatened and under surveillance, or that parishioners had been threatened for being in contact with them. Fr Rolando de Oca, for example, said he had been denigrated and defamed for months. On 19 September 2021, his parish residence in Camaguëy was attacked by unidentified men who threw eggs at the wall and left a message reading “filthy worm”. A similar attack took place in January 2022.
These acts of intimidation and condemnation seem to have increased over recent years, during which state surveillance has intensified. Fr Kenny Fernandez also denounced an act of intimidation on 10 October 2022. The same priest had been forbidden, months earlier, from celebrating the Way of the Cross in the streets of his city, as was customary.
Defamation as a way to limit the scope of action of religious leaders
Spreading rumours and starting defamation campaigns to destroy the reputation of men and women religious is another tool used by the state security agents to limit the scope of action of religious leaders and spread fear among parishioners. There have been repeated complaints of security agents going to Catholic places of worship to record sermons and celebrations, and to intimidate priests and faithful.
On 14 December 2022, Fr Alberto Reyes summed up the lack of religious freedom in the country, and the consequences of the legal situation (as indicated in the “Legal framework on freedom of religion and actual application” section). Among other concerns, the Catholic priest referred to the fact that the Office of Religious Affairs is charged with controlling: “the practice of faith and monitoring the Church’s every movement”; the state issuance of permits to renovate places of worship damaged by natural disasters or by the passing of time (which can be delayed, sometimes for years); and the restriction of Church access to the press as well as to health and education services. Furthermore, Fr Reyes described a state of constant harassment “with ‘cautions’ to laypeople, religious and priests who voice opinions different to those of the government” and regulations “to limit their movements”.
In an interview with a Dominican Republic television station, Fr David Pantaleón explained that one of the reasons for his expulsion was a newsletter he published, which described the realities in the country. Of the government text revisions, he stated, “usually that paragraph was returned to me, I would always be called to be corrected about the idea I had of the country”.
Repression of pastors of non-registered churches
Several incidents reported during the period under review relate to the lack of legal recognition of independent churches and new religious groups. These groups largely include a wide variety of Protestant evangelicals, which do not enjoy freedom of association and assembly and are not allowed to purchase real estate. There have been cases in which pastors of these non-registered religious organisations were detained and interrogated.
In most of these cases the problem stems from the arbitrariness and violence with which the government and its agents apply the law. One such case refers to the Apostolic Movement of Alain Toledano Valiente, one of the largest independent religious groups in Cuba. This charismatic Protestant network has been in Cuba for more than 20 years but has never been registered by the state. After his church was demolished on two occasions, and following several arrests, Alain Toledano was exiled from Cuba with his family on 24 July 2022, following threats of imprisonment should he remain in the country.
Positive developments
Despite all this, the past two years have also included some positive developments. There is a respectful relationship between the Cuban government and the Holy See, and in February 2023, a representative of the Holy Father, Cardinal Beniamino Stella, visited the island and met with President Miguel Díaz-Canel. During a press conference after the visit, the Cardinal said he had asked for the release of the remaining 11 July protestors still in detention, adding that Pope Francis was expecting a positive response so that the young prisoners could return to their homes.
On 16 July 2022, a new auxiliary bishop was named for Havana. The Cuban government has not interfered in the nomination of bishops or religious leaders. In fact, in 2022 alone, the Office for Religious Affairs issued over 7000 short and long-term visas for religious reasons, and granted authorisations for Church organised processions and public events such as during the festivities in honour of the Virgin of Charity, patron saint of Cuba, or Good Friday celebrations. In recent years Catholic bishops have been allowed to access the radio to deliver Sunday messages or to mark significant festivals.
Prospects for freedom of religion
Several religious confessions live in Cuba, so one can speak of a generally respected freedom of worship, but not full religious freedom.
The totalitarian control of the state and the communist party over religion, as well as all other aspects of citizen’s lives, limits, restricts, and regulates to the extreme many of their actions and movements. Even though there was some hope for reforms in Cuba, the changes to the constitution in 2019 and to the Penal Code in 2022 heighten fears that the situation will not improve in the near future. Both regulations further strengthened the subordination of society to the construction of a socialist system under the direction of a single Marxist party.
Where there is no freedom of expression, association, education and private property, there can be no independent institutions separate from the government’s political organs. This makes it difficult to enjoy religious freedom, since this is not limited to individual freedom to worship but includes freedom to express one’s own religious belief, both individually or collectively, in public or in private, through worship, observance, practice and teaching.
The wear and tear of this situation leads to exhaustion, and many youths in Cuba are already showing signs of despair regarding prospects for change and are emigrating. This profoundly affects religious communities. The prospects for religious freedom remain negative.
Cuba