Experts of the Committee on the Elimination of Racial Discrimination Commend Cuba’s National Programme against Racial Discrimination, Ask about Limited Access to Basic Services for People of African Descent and Hate Speech
The Committee on the Elimination of Racial Discrimination today concluded its consideration of the combined twenty-second to twenty-sixth periodic reports of Cuba on its implementation of the International Convention on the Elimination of All Forms of Racial Discrimination. Committee Experts commended the State’s national programme against racial discrimination and raised issues concerning limited access to basic services for people of African descent and hate speech.
Abderrahman Tlemçani, Committee Expert and Country Rapporteur, welcomed the development of the national programme against racial discrimination, “Color Cubano” (Cuban Colour), in 2019, as well as the establishment of the national commission to monitor it.
Chinsung Chung, Committee Expert and Country Co-Rapporteur, said people of African descent in Cuba were overrepresented in low-skilled occupations and makeshift housing, with less access to basic services, including water, sanitation and hygiene, and the labour market. What measures were in place to combat poverty and inequity that disproportionately affected people of African descent?
Ms. Chung also asked about measures to combat racist hate speech and xenophobia in traditional media, on the internet and in social media. What punishments had been issued for such acts and what reparations were provided for victims? Did the State party have complaints systems for reporting hate speech?
Introducing the report, Inés María Chapman, Deputy Prime Minister of the Republic of Cuba and head of the delegation, said Cuba's presentation to the Committee took place in a particularly complex context. There had been a new escalation by the United States Government against Cuba through the extreme tightening of an embargo that for more than six decades had tried to suffocate the State. Added to this was the imposition of a siege on the State’s fuel supplies.
Despite the complex situation being faced, Cuba continued to honour its obligations as a State party to the Convention, she said. The State had undergone a broad and comprehensive process of legislative reform, which included combatting racism, racial discrimination, violence in all areas, and intolerance.
Ms. Chapman said that, to advance in the fight against the scourge of racial discrimination, in 2019, the Color Cubano programme was adopted and the National Commission for the Fight against Racism and Racial Discrimination was established.
One goal of the Color Cubano Commission, the delegation said, was to improve the quality of education, employment, housing, health and access to management positions for Black and mixed-race persons. From 2018 to 2023, 186,000 families had been given food grants and support to access basic services. The State had been working to increase water infrastructure. It had provided 50,000 solar panels and was constructing homes for vulnerable people using shipping containers.
The delegation also said hate speech was prohibited in the Criminal Code of 2022, which imposed increased punishments of two to five years imprisonment and fines for hate speech. Hate speech carried out online could also be prosecuted. The State party had not received criminal complaints related to racial discrimination.
In concluding remarks, Mr. Tlemçani thanked the delegation for the frankness and clarity with which it had answered the Committee’s questions. The Committee hoped that the dialogue would serve to bolster efforts and identify new areas for action to tackle persisting challenges, he said.
Ms. Chapman, in concluding remarks, said Cuba had a principled approach to condemning all forms of racial discrimination, xenophobia and connected intolerance. It strived to tackle its main challenges under the Convention and mitigate the impact of the economic, financial and energy blockade imposed on it. The State party would strive to counter any remnant of racism in the country.
Gün Kut, Committee Chair, in his concluding remarks, thanked the delegation for the frank and constructive dialogue, based on which the Committee would make concluding observations that would be forwarded to the State after adoption.
The delegation of Cuba consisted of the Deputy Attorney General, Deputy Minister of Education, Vice-President of the People's Supreme Court, and representatives of the Ministry of Foreign Affairs, Ministry of Culture, National Centre for Medical Genetics, and the Permanent Mission of Cuba to the United Nations Office at Geneva.
The Committee will issue its concluding observations on the report of Cuba after the conclusion of its one hundred and seventeenth session on 1 May. The programme of work and other documents related to the session can be found here. Summaries of the public meetings of the Committee can be found here, while webcasts of the meetings can be found here.
The Committee will next meet in public on Thursday, 30 April at 3 p.m. to hold an informal meeting with States parties to the Convention.
Report
The Committee has before it the combined twenty-second to twenty-sixth periodic reports of Cuba (CERD/C/CUB/22-26).
Presentation of Report
INÉS MARÍA CHAPMAN, Deputy Prime Minister of the Republic of Cuba and head of the delegation, said Cuba's presentation to the Committee took place in a particularly complex context. In recent months, there had been a new escalation by the United States Government against Cuba, through the extreme tightening of an embargo that for more than six decades had tried to suffocate the State. Added to this was the imposition of a siege on the State’s fuel supplies. The blockade was a massive, flagrant and systematic violation of the human rights of the Cuban people, and was the main obstacle to the State’s development. No segment of the population or economic sector escaped its effects.
Cuba rejected the United States President’s 29 January Executive Order, which was intended to provoke a change in the constitutional order freely chosen by the Cuban people. Cuba would defend with the greatest vigour and unity its right to self-determination, independence, sovereignty, territorial integrity and constitutional order.
Despite the complex situation being faced, Cuba continued to honour its obligations as a State party to the Convention. The State party’s report was the result of the collective work of different State institutions and civil society. It reflected Cuba's permanent condemnation, since the triumph of the Cuban Revolution in 1959, of all forms of racial discrimination and responded to the recommendations made by the Committee following the 2018 report. Of the Committee's 38 recommendations in 2018, the State had fully or partially implemented 35.
Since that time, Cuba had undergone a broad, profound and comprehensive process of legislative reform, which included combatting racism, racial discrimination, violence in all areas, and intolerance. An essential step in this process was the promulgation of the new Constitution in 2019, approved in a popular referendum, which included the principle of equality.
To advance in the fight against the scourge, in 2019, the national programme against racial discrimination, “Color Cubano” (Cuban Colour), was adopted and the National Commission for the Fight against Racism and Racial Discrimination was established, with the participation of members of government entities and representatives of various civil society groups and movements. The Commission was chaired by the President and its operation was coordinated by the Ministry of Culture. The State party report was prepared within the framework of this Commission.
Cuba was an inclusive, mestizonation. Some 64 per cent of the Cuban population aged 15 years or older was white-skinned, about 26 per cent was “mulatto” (mixed), and about 10 per cent was Black. Skin colour data was collected in Cuba based on self-identification. The percentage of Black and mulatto people in decision-making positions continued to increase. In the current National Assembly of People's Power, about 45 per cent of the deputies were Black or mulatto, compared to 41 per cent in 2018 and 36 per cent in 2011. At the initiative of Cuban civil society, the Cuban Colour Social Observatory was inaugurated in October 2023, in the context of the Day against Genocide, Colonisation and Racism.
In 2024, the International Conference “New Narratives: Memories, Resistance and Vindication” and the “International Conference Cuba 2024: Decade of People of African Descent” took place in Havana, in which the State’s activities related to the First Decade of People of African Descent were presented. Cuba intended to hold a second edition. In February of this year, the State held a training meeting in Havana on racial discrimination, which was attended by officials of the Office of the High Commissioner for Human Rights, as well as experts on racial issues from Brazil and Colombia. In addition, prior to the dialogue, the State party held discussions with civil society on progress and challenges pending in the fight against racial discrimination.
Among the main challenges identified was the need to continue disaggregating statistical data and expanding the collection of information on acts of discrimination based on skin colour or racial prejudice. The State party aimed to achieve this and identify patterns of discrimination. The population's knowledge of mechanisms for lodging complaints on acts of racial discrimination was also still limited. The State party would make these more widely known and continue to publicise the “Color Cubano” programme and its results nationally and locally. It would carry out a study on the implementation of the programme by 2027.
The best tribute to the victims of slavery and the transatlantic slave trade in the current context, in addition to the necessary remembrance, was international solidarity with the countries from which millions of people were forcibly torn away. Cuba would continue to develop its cooperation programmes with African, Caribbean and other nations of the South. It was firmly committed to contributing to the full implementation of the Durban Declaration and Programme of Action.
Questions by a Committee Expert
ABDERRAHMAN TLEMÇANI, Committee Expert and Country Rapporteur, said the Committee took note of the reforms undertaken by Cuba, but also the socio-economic challenges it faced related to the embargo by the United States. However, the protection of human rights was a constant responsibility that did not depend on relations between States. While the impact of economic sanctions was undeniable, it could not constitute grounds to exempt States from their obligations under the Convention. The State party needed to commit to analysing persistent discrimination and gaps.
The Committee noted the results from national statistical sources and the efforts presented to collect data on skin colour. Could the State party provide up-to-date and disaggregated data on the demographic and ethnic composition of the population, broken down by key socio-economic indicators? Were there significant disparities between people of African descent and the rest of the population? What measures were adopted to systematically integrate questions on ethnicity or skin colour, based on self-identification, in population censuses and household surveys, including at the local level? Was training provided to data collection officers on the principle of self-identification? While the 2012 census reported a population of over 11 million, the State party's report indicated a population of approximately nine million. What was the reason for this discrepancy?
The Committee noted with appreciation the efforts made by the State party to put in place a substantial legal arsenal, in particular through the adoption of the 2019 Constitution, the new Penal Code, the Family Code, and the amparo procedural law. However, it questioned the effectiveness of this normative framework in daily judicial practice. What was the hierarchical status of the Convention in the domestic legal order? Could its provisions be directly invoked before the domestic courts, and were there examples of this? What training programmes on the Convention and the fight against racial discrimination were implemented for members of the judiciary? Under the new amparo procedure for the protection of constitutional rights, how many appeals had been lodged on grounds of racial discrimination? Were there complaint mechanisms within law enforcement to report possible discriminatory behaviour or racial profiling practices? How were marginalised populations informed of the legal remedies available to them?
Had measures been adopted or envisaged to develop comprehensive anti-discrimination legislation containing a clear and comprehensive definition of racial discrimination, including direct and indirect and multiple and intersecting forms? Did the current legal framework cover all areas of public and private life? Did the Color Cubano programme have a binding legal basis for imposing obligations on public institutions? What consultations had been carried out with civil society in the development of anti-discrimination policies?
A National Directorate of the Ombudsman was established in June 2023, attached to the Ministry of Justice, to ensure the protection of persons in vulnerable situations, including victims of discriminatory treatment. Was the Ombudsman attached to the Ministry of Justice? Would the State turn it into a national human rights institution? Could it receive individual complaints, visit places of detention, issue recommendations to the Government, and refer cases to judicial authorities? How did this mechanism coordinate with the other structures, such as the Color Cubano Commission?
The Committee welcomed the development of the Color Cubano programme in 2019, as well as the establishment of the national commission to monitor it. Could information be provided on this commission’s mandate, resources, and the ethnic diversity of its staff? How did the State party ensure the independence of the commission in the evaluation of public policies? To what extent did the commission collaborate with civil society organizations, in particular organizations of people of African descent? Did it have the capacity to receive individual complaints or to refer cases of racial discrimination to other authorities?
What measures had been adopted to strengthen the capacity of institutions to effectively address the structural conditions of discrimination? What monitoring mechanisms had been established and resources invested to ensure the effective implementation of policies to reduce inequalities? How did the State ensure the participation of civil society organizations representing Afro-descendants in the evaluation of the Color Cubano programme?
Responses by the Delegation
The delegation said that despite the complex situation it faced, Cuba was firmly committed to complying with the Committee’s recommendations and had made huge efforts in this regard.
Cuba’s national statistics system was managed by the National Statistics and Information Office, which ran the census and determined data collection on demographics. Cuba had conducted 18 censuses since 1774. The State had planned to hold the latest census in 2022, but this was delayed due to the COVID-19 pandemic and the socio-economic situation. Funding was not available to the State to carry out the census now. It hoped to conduct the census in 2027, however. The State party worked on figures collected through national housing surveys, which showed that the population was around nine million people. The State was divided into three islands, which had different demographic structures. In La Havana, around 20 per cent of the population identified as Black. The east of the island had higher concentrations of people identifying as Black and biracial; the east was slightly more disadvantaged than the west in socio-economic terms. The Government was working to address this.
In 1492, around 112,000 indigenous peoples lived in Cuba. However, their population was dramatically cut over 70 years to just 5,000 individuals after the arrival of Spanish colonisers. In the sixteenth century, the Cuban population began to grow with the arrival of African slaves. As a result of this history, Cuba had a diverse mestizo population that was hard to classify into ethnicities.
Access to health was guaranteed in Cuba; there was no private healthcare system. Data showed that there was no difference in the standard of healthcare provided to persons based on skin colour.
Cuba had implemented deep-rooted legal reform over the reporting period, including through the adoption of its Constitution, which included the principles of full respect for equality and dignity of all citizens, equal access to services, and non-discrimination. The Criminal Code included specific chapters on discrimination and harmful conduct, and the Family Code contained a definition of discrimination in the family environment. The law on amparo set out a legal path for the defence of rights. Courts had not received cases related to racial discrimination. The domestic legal order was in line with international law. Over 2,000 judges, attorneys and employees of the Ministry of Justice had received training on the defence of human rights.
The State party would assess the Committee’s suggestion to adopt comprehensive legislation on racial discrimination. However, there were various legal mechanisms and institutions currently in place to protect against racial discrimination.
Follow-Up Questions by Committee Experts
ABDERRAHMAN TLEMÇANI, Committee Expert and Country Rapporteur, said the notion of “mulatto” was entrenched in racist ideologies stemming from colonialism. How was the category of mulatto used by the State and how was it based on self-identification? Was the State party considering rethinking its statistical categories?
FAITH DIKELEDI PANSY TLAKULA, Committee Expert and Follow-Up Rapporteur, said that after the previous dialogue, the Committee had issued concluding observations and called on the State party to submit a follow-up report on implementation of these, which had been submitted in 2020. However, the Committee had concluded that the answers provided were not satisfactory. How was the report prepared? How were people of African descent involved in drafting the national programme on combatting racial discrimination, and how was the implementation of this programme assessed?
Another Committee Expert asked questions on how the State party was working to establish and develop civil society organizations despite its resource constraints; the process for selecting members of civil society who worked on implementing the national programme on combatting racial discrimination; whether the State collected data on religion, including on traditional religion, on the basis of self-identification and on diaspora communities; whether there was an initiative to bring the national human rights institution in line with the Paris Principles; measures to develop a law on the protection of human rights defenders; and how the State party expressed Black and indigenous identity in an affirmative manner.
Responses by the Delegation
The delegation said Cuba issued reports each year on the impact of the blockage on the country, which showed that it had had an impact of 2.5 billion United States dollars. This situation affected disadvantaged persons, including Black and biracial people, more acutely. The State party did not believe that there was a need to create a national human rights institution as it had several specific human rights mechanisms, including the Color Cubano Commission and commissions working on the rights of women and of persons with disabilities, which worked closely with civil society. The State party had decided to accept all recommendations issued to it on the theme of race, in line with requests from civil society. The Ombudsperson’s Office provided protection to children, older persons and victims of discriminatory treatment.
There was a very broad space for the promotion and defence of human rights in Cuba. However, this activity could not be used to violate the purposes and principles of the United Nations. There were persons who posed as “human rights defenders” who were devoted to trying to break laws in the exercise of their self-determination. This was not permitted.
The Color Cubano Commission included 48 members, of whom 20 were representatives of civil society, including of the Afro-feminist movement. Some 41 per cent of members were Black. All members had an equal say on management of the commission’s budget. The commission conducted affirmative actions to mitigate racial discrimination. No public policies were based on racial discrimination. The Color Cubano programme included measures requiring State institutions to report on their implementation of the programme.
Questions by a Committee Expert
CHINSUNG CHUNG, Committee Expert and Country Co-Rapporteur, welcomed the Criminal Code of 2022, particularly provisions prohibiting discrimination based on ethnic origin and skin colour. The Code also established as a criminal offence spreading ideas of superiority or hate due to skin colour. Did the Criminal Code prohibit acts assisting racist activities by public authorities and acts of racial discrimination on the grounds of descent? How many cases of discrimination on the grounds of ethnic origin or skin colour had been investigated since the adoption of the Code, what penalties were imposed on perpetrators, and what reparations were provided to victims? How could victims of discrimination bring their case to criminal courts?
What measures were in place to prevent and combat racist hate speech and xenophobia, including in traditional media, on the internet, and in social media? What punishments had been issued for such acts and what reparations were provided for victims? Did the State party have complaints systems for reporting hate speech and a data collection system for such acts? How was it improving access to reporting?
What activities had been organised within the framework of the first International Decade for People of African Descent and how were organizations of people of African descent included in designing and implementing these activities? What progress had been made in planning activities for the second Decade?
What measures were in place to strengthen human rights education and education on the fight against racial discrimination? How was such education addressed in training programmes for teachers and in preparing school textbooks? How was the State party increasing awareness of the cultural heritage, history and contributions of people of African descent and the history of the trans-Atlantic slave trade? How were civil society organizations and people of African descent involved in the design and evaluation of teaching materials?
Racist expressions against people of African descent persisted in the State party, and these people had a limited presence in the media. What measures were in place to combat discrimination against and stereotypes of people of African descent, including in the media? What recent anti-stereotyping campaigns had been carried out and how was their impact assessed?
Responses by the Delegation
The delegation said the Constitution had safeguards to strengthen due process and access to justice. Persons who fell victim to crimes of “infringement of equality”, including based on descent, could bring their cases to the courts. Since 2022, victims could request compensation for harm caused. The State party ensured that the rights of defendants and the accused were fully respected. Individuals could file reports of discrimination through a 24-hour hotline operated by attorneys. Complaints could also be filed with the police and judges.
Cuba adopted a law on social communication in 2023, which ensured that content that was contrary to the Constitution and international law was not disseminated through the media.
The State party had developed activities marking the first International Decade for People of African Descent in consultation with various civil society organizations. These included educational campaigns on African culture and days celebrating Afro-descendant, Latin American and Caribbean diversity, and indigenous peoples. The State had also commemorated the International Day of Memory of the Slave Trade and organised a national exhibition on memory and resistance. There were various indicators in place to assess compliance with the goals of the International Decade.
Over 47,800 teachers had received training from the State, including on anti-racial discrimination education and the State’s protocols on responding to acts of racial discrimination. The State was developing new curricula and distributing updated textbooks that aimed to combat racial discrimination and celebrated the achievements of Black Cubans and the African diaspora throughout history. In 2025, more than 15,800 persons studying to be teachers were trained on preventing racial discrimination.
Follow-Up Questions by Committee Experts
CHINSUNG CHUNG, Committee Expert and Country Co-Rapporteur, asked how the State party punished hate speech and hate crimes. What name did the State party use for “people of African descent”?
One Committee Expert thanked the State party for its commitment to education domestically and in the Caribbean. To what extent did colonial history form part of the curriculum? The State party used terms that the United Nations had tried to eliminate, such as “slaves” and the “slave trade”. Would this be addressed? The term “mulatto” needed to be banned. What was the State party’s response to the return of brigades of Cuban doctors and nurses from other States?
Other Committee Experts asked questions on the State party’s response to parents who chose not to send their children to school in silent protest of the current economic situation; reasons for the lack of integration of people of African descent in Cuba; why the six judicial complaints of discrimination based on skin colour filed over the reporting period were not upheld; and the impact of sanctions on human rights in different sectors of Cuban society.
Responses by the Delegation
The delegation said that of the employed population, 27 per cent were mixed skin colour and around 10 per cent were Black. Similar ratios were seen in management positions. In scientific roles, higher education, and service, artisanal and trade sectors, there was a higher rate of representation of Black people. The State party had identified gaps in access to decent housing and drinking water between people of different skin colours. It was working to address these gaps through the national development programme. Around 23 per cent of people in vulnerable situations were Black and 29 per cent were mixed.
The impact of the United States’ embargo was keenly felt in the health system. The impact of sanctions on health between May 2024 and February 2025 was estimated at 288 million dollars. Important medical equipment could not be used during electricity cuts that occurred due to the blockade. Recently, the United States Government had also launched a campaign of persecution against medical brigades from Cuba that were working in States in the Global South. These actions endangered access to health for millions in beneficiary countries. However, the Government would continue with its medical cooperation programmes.
Every single person was affected by the blockade, which limited access to fuel, electricity, water and education. The blockade affected the State’s capacity to strengthen its housing industry and address gaps in access to housing. Many children could not travel to school due to the fuel blockade. People were cooking with coal because they could not obtain gas. Despite the blockade, however, Cuba continued to work to strengthen its legislative framework, protect human rights, and implement its development programme. The State was installing solar panels across the country, targeting the most vulnerable.
Hate speech was prohibited in the Criminal Code of 2022, which imposed increased punishments of two to five years imprisonment and fines for hate speech. Hate speech carried out online could also be prosecuted. The State party had not received criminal complaints related to racial discrimination. The Attorney General had addressed over 80,000 complaints from 2018 to 2025, which had led to disciplinary sanctions for perpetrators.
It was unusual for people in Cuba to self-identify as “people of African descent”; they more often self-identified based on skin colour. The term “people of African descent” was used to highlight historical inequalities. Cuba had a complex mix of ancestral origins, which made defining the ethnicity of its people difficult. A large percentage of the population had African ancestry.
The State party’s history curricula addressed the legacies of colonialism and the trans-Atlantic slave trade, focusing on the local impact of past human rights violations. Students participated in guided visits to historical sites of violations and in commemorations of the Day against Genocide and Colonialism, the International Day on the Elimination of Racial Discrimination, and Africa Day.
Questions by a Committee Expert
ABDERRAHMAN TLEMÇANI, Committee Expert and Country Rapporteur, asked for updated and disaggregated data on the representation of Afro-descendants, including women, in Government, Parliament and leadership positions. What measures had been adopted to remove structural barriers to the participation of Afro-descendant women in decision-making positions? Did the State party plan to introduce temporary special measures to accelerate substantive equality in access to decision-making positions?
What concrete measures had been adopted to prevent the excessive use of force by law enforcement and ensure independent, prompt and impartial investigations into allegations of violations? How many complaints of excessive use of force or arbitrary detention had been received and what were the results of investigations? Had reparations been granted to victims or their families? Some 58 per cent of the prison population were reportedly Black or mixed race. Why was this? What safeguards existed to ensure that people of African descent could file a complaint without fear of reprisals? Were there independent mechanisms for monitoring places of deprivation of liberty?
Cuba lacked legislative provisions explicitly prohibiting the use of racial profiling by law enforcement and other public officials. Did the State plan to adopt such provisions? Had disciplinary or criminal measures been taken against public officials suspected of racial profiling? Could victims obtain redress and free legal assistance? Was training on the prevention of unconscious bias and racial profiling mandatory for security forces and State agents? Did the Ombudsman have the technical competence to identify and address complaints of racial profiling?
What measures had been adopted to ensure that Afro-descendants, including human rights defenders, journalists and artists, could exercise their rights to freedom of expression, association and assembly without discrimination? How did the State ensure that legal frameworks relating to public order were not applied in a discriminatory manner against Afro-descendant persons engaged in peaceful activities? Did the State collect data in this regard? What measures had been put in place to protect human rights defenders, including those working on issues of racial discrimination and the rights of people of African descent?
What mechanisms existed to receive complaints related to racial discrimination outside the criminal justice system, and what results had these achieved? How many cases had been settled without judicial intervention? What remedies were available to victims of racial discrimination, and how many applications for remedies had been lodged? How did the State ensure victims could file a complaint safely? Was free legal assistance and other support provided to victims? What measures had been adopted to raise awareness among the population, particularly people of African descent, of the complaint mechanisms available?
Responses by the Delegation
The delegation said the State party was working to collect intersectional data on people from different racial groups, including Black and mixed-race women, as well as on young people. In the National Assembly, of the 464 deputies, 55 per cent were white, 23 per cent had brown skin and 20 per cent were Black. Some 55 per cent of deputies were women. The President of the National Assembly was Black, as was Ms. Chapman, the Deputy Prime Minister. Some 55 per cent of representatives of municipal assemblies were women, and 47 per cent were Black or mixed race. The percentage of Black and mixed-race women employed in each State Ministry was gradually increasing. There was also significant representation of Afro-descendants in the State’s various committees on human rights. The Observatory on Gender carefully monitored the status of women in Cuba.
Cuba had increased and improved safeguards against the excessive use of force by law enforcement. When officials committed crimes, they were punished by the courts. Over the reporting period, there had been no punishments for excessive use of force handed down to officials by courts. Police and the courts did not engage in racialised conduct.
Freedom of expression, assembly and association was a constitutional right. Persons who demonstrated peacefully could not be detained; only persons who engaged in violence were detained. The Attorney General’s Office ensured that legal safeguards were implemented in detention proceedings. Arbitrary detentions did not occur in Cuba. State law dictated when detention was appropriate and the timeframes for conviction and release. The State party had worked to improve access to justice for individuals. Persons subject to court proceedings had the right to legal assistance from the beginning of the proceedings and to file appeals against court decisions.
Laws on the protection of human rights defenders had been in place since 2019. These included safeguards to ensure these persons’ protection. Civil and political rights were not absolute; limitations to these rights were clearly defined in law. For example, demonstrations needed to be peaceful. There was no discrimination in the exercise of these rights. Recently, anti-racist civil society organizations had been active in promoting the rights of people of African descent. The State did not engage in reprisals against human rights defenders. In some cases, persons who filed complaints against the State were not human rights defenders.
Follow-Up Questions by Committee Experts
ABDERRAHMAN TLEMÇANI, Committee Expert and Country Rapporteur, asked for statistics on access to remedy for victims of racial discrimination, including people of African descent. Had inquiries been conducted into allegations of restrictions on freedom of religion or peaceful assembly imposed on Afro-Cuban and religious groups and the arbitrary detention of the leaders of these groups?
FAITH DIKELEDI PANSY TLAKULA, Committee Expert and Follow-Up Rapporteur, said that the Committee had previously called on the State party to implement awareness raising campaigns on human rights defenders’ rights and measures to ensure that human rights defenders, particularly people of African descent, were not subjected to reprisals. Could the delegation provide this information? Were individuals and groups that received foreign funding regarded as human rights defenders? How was the State party working to protect human rights defenders?
Other Committee Experts asked questions on measures to protect human rights defenders of African descent, some of whom had reportedly been accused of subverting public order; how the State prevented revictimisation of persons who submitted complaints of racial discrimination; how access to justice was guaranteed for people who lived far away from courts; whether the State party would publish and disseminate protocols adopted by the Attorney General’s Office and the Ministry of Interior on racial discrimination; why the rate of people of African descent among the prison population was high; measures to ensure that people of African descent could remain in the education system; and measures to remedy past injustices against indigenous peoples and to include their story in textbooks.
Responses by the Delegation
The delegation said the Attorney General’s Office conducted inspections of prisons and places of detention; it had conducted 7,000 visits to prisons from 2019 to 2025. During visits, it conducted individual and group interviews with prisoners to ensure that they had the right to complain about violations. It had recorded seven cases of discrimination, four of which were based on sexual orientation. Mestizo, mixed and Black people were over-represented in the prison population. These persons were supported to receive education. In the Attorney General’s Office, 14 per cent of Prosecutors were Black and 25 per cent were mixed race. The current Attorney General was a mestizo woman.
There was no evidence of discrimination based on religious or ethnic grounds in the country. All religious denominations could practice their worship freely, designate their representatives, and participate in national events of interest. The State party had been allocating sites for the practice of religions.
Many actions undertaken by civil society in Cuba would not be possible without funding from international bodies. Problems arose, however, when funds were used to finance crimes. The Constitution clearly stipulated that the exercise of individual rights needed to be in line with collective security and respect for public order. Individuals who received international funds to violate Cuba’s laws were not human rights defenders. The United States Government had allocated millions of dollars over several decades to financing activities to overturn the constitutional order in Cuba. The State party had strengthened legal safeguards so that people could legitimately defend human rights. There was no space for impunity regarding violation of Cuban laws.
Some 11 per cent of students in the general education system were Black and 28 per cent were mixed race. The rates of these groups in higher education were in line with rates for the general population. The State party had pursued a research programme to record the cultures, legacies and genetic identity of the indigenous populations that were wiped out. A film had also been made about the history of these indigenous groups. The State party needed funds to improve roads and increase access to remote communities that had indigenous ancestry.
Questions by Committee Experts
A Committee Expert asked for more information about the education system for prisoners.
CHINSUNG CHUNG, Committee Expert and Country Co-Rapporteur, said people of African descent in Cuba continued to be victims of structural discrimination, racism and inequality. What measures were in place to improve the living conditions of this population and to put an end to structural discrimination? How were people of African descent involved in the design of these measures? How was the Government working to address the historical legacies of slavery and remedy historical injustices?
People of African descent were overrepresented in low-skilled occupations and makeshift housing, with less access to basic services, including water, sanitation and hygiene, and the labour market. What measures were in place to combat poverty and inequity that disproportionately affected people of African descent? How was the State ensuring that this population had equal access to education, housing, health services, employment and basic services?
Had temporary special measures been adopted to increase the representation of people of African descent in leadership positions? How did the State support the transition of Afro-descendant students to university? What measures addressed racial disparity in access to capital and asset ownership? Were there targeted credit lines for this group? What targeted interventions addressed racial disparities in mortality and diseases? How were resources allocated to reduce development gaps between regions?
Women and girls of African descent faced higher rates of gender-based violence, poverty and adolescent pregnancy, and greater obstacles to accessing the labour market and leadership positions. What measures were in place to mainstream a gender perspective in all policies and strategies combatting racial discrimination? How was the State combatting structural discrimination faced by women and girls of African descent? What steps had been taken to combat violence against women and girls of African descent and to establish shelters and other support services, including in rural areas? Was the State party providing comprehensive sexual and reproductive health education to prevent early pregnancies? What steps had been taken to reduce maternal and infant mortality and to increase access to sexual and reproductive healthcare for people of African descent?
The Criminal Code established that persons who entered national territory illegally were subject to a penalty of imprisonment from one to three years, a fine, or both. Was the State working to bring this in line with international standards? How was it working to integrate migrants and promote the effective enjoyment of their economic, social and cultural rights? Did the State plan to ratify the 1951 Refugee Convention and its 1967 Protocol, and the 1954 and 1961 conventions on statelessness? Could the State provide information on victims of trafficking in persons and prosecution of cases of trafficking? What awareness raising campaigns on trafficking were conducted by the State, particularly in the tourism sector?
Responses by the Delegation
The delegation said the Criminal Code included penalties for actions, including by public officials, that impeded the work of civil society. Many anti-racist groups received complaints of human rights violations and relayed these to the Government. The State party did not engage in discriminatory treatment of human rights defenders, including women of African descent.
Ratification of international instruments was a sovereign decision made based on the State’s reality. Despite not having ratified the conventions mentioned on refugees and statelessness, Cuba protected the rights of asylum seekers, including the right to receive healthcare and the right of their children to attend school. A memorandum between Cuba and Haiti had been reached to provide protection to refugees coming to Cuba from Haiti. The State party considered each case of unlawful entry independently and imposed sanctions when relevant, while ensuring that all rights were afforded to migrants. There were no reports of migrants being discriminated against by the State.
Detainees had access to education within penitentiary centres, which were visited by teachers to provide education. The State considered detainees’ educational level and provided support to further their education.
Cuba had adopted several measures over the last five years to raise awareness about gender-based violence, which particularly affected Black and mixed-race women and girls. The Gender Observatory was developing a registry of data on gender-based violence and femicide, which would be disaggregated based on skin colour and region. Specialised health services were provided to victims and perpetrators to address impulse control.
The State party had worked to increase the number of primary schools and kindergartens, including in rural areas. There were currently 298 kindergartens and 655 primary schools across the State. In addition, there were roving educational teams that provided education in rural areas where children could not travel to school. Paediatric hospitals also had educational units for patients.
One goal of the Color Cubano Commission was to improve the quality of education, employment, housing, health and access to management positions for Black and mixed-race persons. Its efforts had been hampered by the United States’ blockade. However, from 2018 to 2023, 186,000 families had been given food grants and support to access basic services. The State also had a policy to financially support mothers with three or more children. Canteens had been set up in over 1,700 vulnerable communities, which supported access to employment for Black and mixed-race women.
The State had been working to increase water infrastructure; it had provided 50,000 solar panels to vulnerable homes and was constructing homes for vulnerable people using shipping containers. Support had also been provided to 7,000 people with diseases related to skin colour and pigmentation.
Cuba had a zero-tolerance policy regarding all forms of trafficking. It had ratified the Palermo Protocol and updated its national action plan to prevent trafficking in 2023. Between 2019 and 2024, 68 cases of trafficking had been assessed in courts, and 84 victims were identified. These crimes related to the activities of international criminal gangs and were primarily linked to sexual exploitation.
Follow-Up Questions by Committee Experts
FAITH DIKELEDI PANSY TLAKULA, Committee Expert and Follow-Up Rapporteur, asked about efforts to assess the impact of training programmes for public officials and members of the judiciary, and to review tools for accessing information on crime and violence.
Other Committee Experts asked follow-up questions on whether programmes for training doctors from the Caribbean were ongoing; the percentage of Haitian migrants that the State sent back; health policies to address early pregnancies and efforts to implement the Committee’s general recommendation 37 on the right to health; measures to address the underrepresentation of Black persons in the management of sporting associations; whether the United Nations had responded to Cuba’s calls for assistance to address the blockade; and whether persons with indigenous ancestry were represented in decision-making bodies.
Responses by the Delegation
The delegation said Cuba conducted repatriations to Haiti following international standards, in cooperation with Haitian authorities.
Several high-level United Nations personnel had expressed support for Cuba’s plight in the context of the blockade, and agencies had channelled funds to Cuba and devised plans of action to support the State. Heads of State such as Brazil and Germany had made statements condemning a potential military incursion in Cuba.
Cuba wished to continue training medical personnel from the Caribbean. It had trained 40,000 health professionals from 198 countries, particularly from Latin America and the Caribbean. Currently, there were 2,800 young people studying healthcare courses, most of them doctors. Cuba had 75,000 doctors providing care within healthcare centres. Some 19 per cent of doctors identified as Black, which was double the proportion in the general population. The State party planned to collect data on morbidity and mortality disaggregated by skin colour.
Ongoing training courses were available for judges, lawyers and prosecutors on constitutional and administrative rights. The police force was also providing continuous training for its officers. Cuba was allocating funds to support Black and mixed-race persons to access training and employment in the State Institute of Sport and in referee positions.
Closing Remarks
FAITH DIKELEDI PANSY TLAKULA, Committee Expert and Follow-Up Rapporteur, said that the Committee would adopt concluding observations based on the dialogue, which would include recommendations to be implemented within one year. It looked forward to receiving the State party’s follow-up report on the implementation of these recommendations.
ABDERRAHMAN TLEMÇANI, Committee Expert and Country Co-Rapporteur, thanked the delegation for its readiness to interact with the Committee and the frankness and clarity with which it had answered the Committee’s questions. The Committee hoped that the dialogue would serve to bolster efforts and identify new areas for action to tackle persisting challenges. Mr. Tlemçani thanked all those who had contributed to the dialogue.
INÉS MARÍA CHAPMAN, Deputy Prime Minister of the Republic of Cuba and head of the delegation, thanked the Committee Experts for the constructive dialogue. Cuba valued the Committee’s recommendations and would evaluate them carefully. This exercise would be easier if the Cuban people were not under siege. Cuba had a principled approach to condemning all forms of racial discrimination, xenophobia and connected intolerance. It strived to tackle its main challenges under the Convention and mitigate the impact of the economic, financial and energy blockade imposed on it. The State party would strive to counter any remnant of racism in the country.
GÜN KUT, Committee Chair, thanked the delegation for the frank and constructive dialogue, based on which the Committee would make concluding observations that would be forwarded to the State after adoption.
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