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conservative

danay suarez

A lawsuit for Danay Suárez

por Gretchen Sánchez Higuera 28 junio 2020
escrito por Gretchen Sánchez Higuera

In the same way that George Floyd’s death was the catalyst for protests against racism in the United States, the homophobic comments of singer Danay Suárez in Cuba were the spark that reignited debate about the rights of the LGBT+ community. This dissatisfaction didn’t begin with the constitutional debate in late 2018, but much earlier. Some believe that the Danay Suárez phenomenon is the beginning of a series of actions by the Evangelical churches, intended to sabotage the right to same-sex marriage, one year before debate of the new Family Code begins.

In Cuba, it’s positive that the President himself has expressed his support for same-sex marriage. But this is not enough when the decision is up to a society which proves to be more conservative than one may think, and with a government which devotes more airtime to the eradication of the giant African snail than to raising awareness of the rights of the LGBT+ community.

Of almost 30 countries that recognize same-sex marriage in the world, only Ireland carried out a plebiscite about that right, and there’s a reason for that. There’s a nearly generalized consensus that this is a right that must be legislated and not voted on. It’s strange that, in an island where law decrees are the norm, the government should decide to stay out of this debate.

It’s paradoxical that even a religious state such as Israel should recognize same-sex marriages and a secular socialist state in the Caribbean should deny them. There are no civil weddings in Israel, and same-sex marriage is not accepted on a religious level. But if you get married abroad, both marriage and adoption are recognized when you return. The same precept does not apply in Cuba, although a few days ago the blog Q de Cuir announced encouraging news. After one year of waiting for a decision, the Ministry of Foreign Relations and the Ministry of Justice agreed to issue a birth certificate which named two female parents, rather than a different-sex couple. The baby, who was born to a Cuban mother and was registered in the United States, was recognized as having two mothers before Cuban law. However, the legal marriage of the two women is not recognized in the island. It’s undoubtedly only a partial decision.

Sectors of Cuban civil society try to advance a progressive legality.

On June 15, 2020, the United States Supreme Court interpreted that discrimination on the basis of sex should also be understood to mean sexual orientation or gender identity. The Civil Rights Act of 1964 will now protect workers from arbitrary dismissals due to discrimination.

One day later, on June 16, the 11M Cuba Movement began to gather signatures on the change.org online platform with the purpose of informing public opinion, reflecting and multiplying solidarity with the LGBTQ+ community in Cuba. The petition is addressed to the National Assembly of People’s Power, the body which, in the absence of a Constitutional Court, shall interpret and draw up the country’s laws. Until now, about 2000 people have signed it, a not inconsiderable amount if we keep in mind that the online platform is blocked for Cuba and that Cubans must use a VPN to subscribe to the petition.

Since there’s no Constitutional Court in Cuba, the decisions concerning basic rights must wait for a legislative schedule in which there are other priorities, so one idea that the 11M Cuba Movement highlights in its petition is that the rights should not go to a referendum and that the adoption of same-sex marriage or civil unions should be a decision in the hands of the National Assembly.

The text Danay shared on her Facebook profile is not only implicitly homophobic but also the scorn of the feminist movement and of people who are pro-choice regarding abortions. Perhaps because of what will be at stake in about a year, the popular reaction has focused its repudiation on the homophobia, and not so much on the attempt to unify pedophilia with feminism and abortion rights.

I’m not sure that the post shared by Danay Suárez is an attempt by some religious denominations in Cuba to manipulate public opinion, and ultimately the results of the 2021 plebiscite with respect to the Family Code. In case this theory is verified, and the goal should be to have an influence on a legal process such as the plebiscite, inquiries should be made regarding the legality of that action. The Cuban State should also make a pronouncement about that.

On June 19, the doctor and activist for LGBTIQ+ rights Alberto Roque Guerra published on his Facebook profile the lawsuit or legal action he started against rapper Danay Suárez for defamation.

There are many diverging opinions. Some argue that the plaintiff is an extremist, in the same way Danay was when she related pedophilia, or the MAP movement (Minor-Attracted Persons) with the LGBT+ community. One might even consider that the lawsuit violates the singer’s freedom of expression. It is also not kept in mind that Danay shared a post she didn’t create, and if we follow the policy adopted by many Twitter users that sharing is not the same as endorsing (RT ≄ endorsement), there’s no legal way to connect Danay with the views laid out in the post.

This said, we must reanalyze the consequences of adopting homophobic stances in a socialist society, in which, above all, equality among human beings is sought. Danay uses her public position to advance agendas that limit the rights of social minorities, and she justifies her stance with the Christian faith that cannot be predominant or authoritative in a secular society.

I believe celebrities have the right to defend certain values and policies, but this cannot be translated into limiting other people’s rights. It’s incorrect to allow, out of respect for the freedom of expression of others, comments that damage the integrity and reputation of movements accumulating decades of struggle for the obtainment of rights many of us take for granted.

Danay Suárez’s behavior was, at the very least, VERY irresponsible.

And although she offered a public apology and tried to clarify her point against pedophilia, libel is a criminal offense. In this case, some legal instruments could be applied, although all of them would ultimately depend on the interpretation of a judge. Article 295 of the Penal Code, in force since 1987, imposes sanctions of six months to two years’ imprisonment to anyone who discriminates or incites discrimination, but it does not specify whether this applies to discrimination on the basis of sexual orientation or gender.

Danay’s stance also violates Article 42 of the Constitution of the Republic of Cuba, which refers to equal treatment of all persons by the Law. This Article does recognize discrimination on the basis of sexual orientation or gender identity as an offense.

If we continue down the logical path of the Constitution, the Cuban State should take on the responsibility of guaranteeing the equality of its citizens, in this case by legislating in favor of same-sex marriage. Article 44 of the Constitution says that: ‘The State puts into effect the right to equality with the implementation of public policies and laws to promote social inclusion and the safeguarding of the rights of the people whose conditions so require’. This Article should be used by the LGBT+ community in Cuba to demand legislation without having to wait for a Family Code and a subsequent plebiscite.

For Roque Guerra, Danay Suárez also violates Article 45, which refers to the limitation of rights (in this case to expression and creed) when they infringe upon the rights of other people with a sexual orientation other than heterosexual. Roque uses the legal framework provided in Article 99 of the current Constitution, which establishes the right to demand in court the restitution of rights and the consequent moral reparations.

On the other hand, Decree 370 of 2018, in its Article 68, item i), establishes as an offense: ‘to disseminate, through the public data transmission networks, information contrary to the social interest, morals, decency and the integrity of persons’. However, it doesn’t mention violations associated with discrimination or incitement to hate, as the laws which regulate freedom of expression usually specify.

Having said this, it’s not prudent either to yield to the temptation of applying Decree 370. Danay made a mistake and then tried to rectify and offer apologies. This must also be taken into account. This lawsuit may alienate people of Evangelical faith, instead of making them relate to the struggle of the LGBT+ community. An internal war could break out between Evangelicals and the rest of society, which doesn’t favor the climate for a future Family Code. If we don’t estrange or further radicalize social groups within a society, it will be easier to attain the common good.

This is a complex phenomenon, and it is necessary to mention all of its elements. The girl, who is also a public personality, made a mistake and apologized. We’re approaching a debate about the Family Code which won’t be simple or unanimous. Ambiguity and a discretionary use of Law Decree 370 threaten fundamental rights such as freedom of expression. Are we going to justify its application now because there’s damage to the reputation of a legitimate movement such as the one in favor of rights for the LGBT+ community in Cuba? And then what? Will we also justify its application against stances that are critical of the Cuban government?

Regulating social media is a debate that’s ongoing in many countries. Facebook and other social networks must be regulated in order to avoid the dissemination of hate messages and other forms of violence and discrimination. We already know how social media can be used to construct enemies which later attract real violence. I believe Cuba must keep an eye on what is regulated in this regard. The most important thing is to control in time a problem that’s rapidly growing worldwide.

Danay’s case has to serve as a wake-up call for the Cuban government. When religious fundamentalism takes over and dominates debate in a society which identifies as secular, the State must come into play and put a stop to it. The Cuban State, so sensitive to the negative propaganda the US government spreads about religious liberties in Cuba, should pronounce on this heated topic in the national public agenda, and which concerns the freedoms of its citizens, all the more so on the eve of a legislative debate on the subject. On this occasion, and no matter how complicated it may be, it should step in and show its revolutionary nature.

* Correction: the lawsuit is not related to defamation but insult.

28 junio 2020 3 comentarios 335 vistas
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labyrinth

The left in Its labyrinth

por Harold Cardenas Lema 2 febrero 2020
escrito por Harold Cardenas Lema

In 2020, conservative, nationalist and far right movements could become more popular with the working class. The idea that opposite economic interests between the workers and the elites would be a decisive and favorable factor for progressive movements proved just another deterministic notion. If acknowledging the existence of a problem on which there’s abundant evidence is the first step towards its solution, the situation will get far worse before it gets better, because the left seems to be facing this and other problems with the ostrich’s strategy, including Cuba.

In the 60s, Herbert Marcuse, the father of the New Left, disagreed about the inevitable class struggle announced by orthodox Marxists, and he warned about the incorporation of workers into capitalism. When ‘the matters of material existence have been resolved, moral mandates and prohibitions are no longer relevant.’ He was right. Little by little, welfare policies and the sophisticated methods of social control assimilated the workers into the prevailing system.

Since 1959, Seymour Martin Lipset warned that ‘in some countries, the working-class groups have proven to be the most nationalistic and jingoistic sector of the population.’ Maybe the best example is the United States, where the Stars and Stripes in the porches of working-class homes contrast with the more progressive stances of the sector with a university education. Lipset pointed out that the working class was ‘at the vanguard of the struggle against equal rights for minorities, and they have tried to limit immigration or impose racial controls in countries with open immigration.’ His words from six decades ago seem prophetic of what would follow.

Donald J. Trump won the presidency in 2016 by getting 74 more electoral votes than Hillary Clinton, but he lost the popular vote by a margin of almost three million. The 2600 counties that voted for Trump represent only 36% of the national GDP, while the less than 500 counties that voted for Hillary represent 64% of the GDP in the world’s wealthiest country.

Cultural and demographic differences are almost decisive nowadays.

Thus, the theory of class struggle could not overcome the political radicalization of the baby boomers and generation X, mostly made up by white adults with little education, but brought up during the Cold War, and influenced now by the right-wing propaganda of FOX News. These are adults who feel threatened from two different sides: from above by a liberal political class which did little to reduce the growing inequality in America, and from below by immigrants and minorities which bear different values and will soon become a majority in the country. The fear of losing their status as an alpha group –stoked by evangelical sectors and conservative groups like the Council for National Policy– drove millions to vote for a narcissistic millionaire with the soul of an autocrat.  And it’s no accident; they may do it again in 2020. Not all Trump followers are white or working-class, nor all white workers follow Trump, but the numbers indicate an escalating cultural war.

There’s another country in crisis. Hailed as one of the world’s oldest democracies, the United Kingdom has had three elections and three Prime Ministers in three years. Last December 12, the Labour Party under the socialist leadership of Jeremy Corbyn suffered its greatest electoral defeat since 1935, when they lost 59 Parliament seats to the Conservative Party of Boris Johnson. Described as a British Trump, Johnson’s demagogy is public knowledge. In December 2019, many Labour supporters voted for him.

The British worker’s movement was founded on the basis of industrial communities which do not exist today. In the 80s, Margaret Thatcher’s conservatives broke the backbone of unions, factories and mines that sustained the country’s northern and central regions, which is now a postindustrial area. Why did they vote now for the party that destroyed their political power and economic base? Maybe because of the unpopularity of Labour leader Jeremy Corbyn and to keep Brexit from dragging on. Or maybe because the cultural war caught up with British workers, who are today more fearful of migrants and minorities than of the conservatives who deprived them of their livelihood decades ago.

The deterministic trend within Marxism, which promotes social change through class struggle without analyzing other factors, was also criticized by other thinkers. Castoriadis argued that the formation of social institutions and the shift are not exclusively explained through material needs and causes; the change is also a product of the social imagination. Since the 20th century, social psychology, marketing and political communication reached a level of precision that part of the left still ignores. Turning our backs on science and human nature doesn’t seem a very Marxist thing to do.

There are troubling signs in Latin America.

The corruption within the Workers’ Party (PT) and the advance of conservative evangelism put Brazil in the hands of a fascist misogynist in October 2018. Jair Bolsonaro’s inauguration was a constellation of fanatical right-wing leaders, headed by Secretary of State Mike Pompeo, and the Prime Ministers of Israel and Hungary, Benjamin Netanyahu and Viktor Orban. Under Lula da Silva’s leadership, the PT raised out of poverty up to 30 million workers, who for the first time had access to university studies, and were able to buy a car and a decent home. Many of them went on to vote for Bolsonaro. In the outskirts of São Paulo, of the 23 electoral districts that overwhelmingly voted for Dilma in 2010, 17 voted in 2018 for the Brazilian Trump.

The demonization of the left has been so systematic and effective on the international level, that when the people lose trust in liberal institutions and the political establishment in their countries, they look for alternatives in the far right, and seldom in the left. This comes together with the calculated advance of evangelical groups in Latin America, connected with American conservative politicians, and often taking over the functions of the State.

The degree of integration of the right is impressive. Let’s take the uCampaign company as an example. Founded in 2014 in Washington, uCampaign designed the mobile applications used in the Donald Trump presidential campaign and in favor of the National Rifle Association in the US, in favor of Brexit in the referendum of three years ago in the UK, and in anti-abortion campaigns in Ireland and recently in Latin American countries. The app uCampaign prepared for Donald Trump (America First) included video games and a medals system for those who watched more ads, donated and shared Trumpist content in the social networks. In contrast, Cinton’s app was made by designers from Dreamworks Animation, and consisted of a virtual tour of the campaign offices. For an app aimed at young people, it couldn’t be more boring. Defeating ‘corrupt Hillary’ in Trump’s app was simply more fun. American liberals fell sorely behind conservatives in handling public perception. They still are.

It’s time to talk about Cuba, where after six decades of harassment and poor administration, there are popular sectors with high levels of dissatisfaction. For decades the official narrative has reduced internal problems to the action of an external enemy, without going more deeply into the historical defects of the communist movement or the nation’s colonial inheritance. On the other hand, the general and political culture of Cubans remains in stark contrast with that of the world’s most cultured nation it once aspired to become.

While dialectics and the existence of contradictions are mentioned in universities, curricula and journalistic articles systematically avoid any nuances, and they show an ideological propaganda which admits little complexity. There’s talk of materialism, but leaders are worshipped as faultless figures. The hardest lesson for a philosophy professor to teach continues to be the one about the crumbling of the Soviet socialist bloc, where parallelisms with Cuba become obvious for even the most absent-minded student.

Our Marxism is a poor updating of the Soviet model. How can we expect to have a complex view of the class struggle?

It’s hazardous to make categorical statements about the state of political ideas in the Cuban people, because such a diagnosis is still the prerogative of the Communist Party, wary about divulging what ‘the opinion of the people’ is. It’s a complex moment for the Cuban left, limited in its diversity by the hegemonic and hardly inclusive stance of the Communist Party, where some radical actors have disproportionate representation and power over the rest of the membership. Not unlike Soviet sectarianism and dogmatism, an impersonal bureaucratic machinery has thus been built, which reproduces authoritarian models in a country that presents itself as socialist. Thus, there’s been an attempt to deprive the popular sectors which are not subordinated to the State of their spontaneous social and political participation, whether they share left-wing ideas or not. Obedience and party affiliation have predominated over ideology. It’s more a case of power for itself, rather than the left in power.

One cannot rule out the possibility that the working class will soon impose conservative policies instead of becoming ‘the engine of revolution’. When President Díaz-Canel showed support for LGBT rights and implied presidential consent for same-sex marriage in his first interview, it was the process of social debate that turned down that immediate possibility. It wasn’t the country’s leadership, but the base, although the numbers of support or rejection for that policy still haven’t been clarified. Additionally, Cuba is influenced by Florida, a Republican and conservative American state, where an increasingly radicalized Latin American right-wing elite has been gathering. We shall have to see the role this relationship plays in the future.

We could safely say that the Cuban state’s political communication is one of the worst in the continent. If it had to compete with the communication strategy of the world’s most dogmatic organization, the Vatican, it would still lose by a mile. What chances does the Cuban government have of facing the informative machinery of a far right which is on its way to becoming multinational, when not even the American Democratic Party has measured up to it? If the State continues to take social support for granted, as if it were a blank check, how long will it be before Cuban workers begin to seek solutions in the right, as it happened in the UK? If the government continues to obstruct civil society movements which defend animal and vulnerable minority rights, banning a march down Prado Avenue in favor of LGBT rights while it looks the other way when a church in Marianao gathers 3,000 parishioners to protest same-sex marriage, how long before the evangelicals supplant the functions of the State in Cuba, as they did in Brazil? The reaction might come when it’s already too late.

In the United States, Europe and Latin America, social control defeated the economic dimension of the class struggle. In Cuba, there are ominous signs that a bigger crisis is coming, about which there’s little or no awareness. Yes, the left continues to be in its own labyrinth.

(Translated from the original)

2 febrero 2020 1 comentario 373 vistas
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