Cuba scant on trafficking information

In its Trafficking in Persons Report 2013, the U.S. State Department once again placed Cuba in the third (and most austere) tier, which includes “countries whose governments do not fully comply with the minimum standards and are not making significant efforts to do so.”

The report pointed out that, “Cuba is a source country for adults and children subjected to sex trafficking and forced labor.” Child sex tourism and child prostitution within the island were also noted. However, Cuba’s government is not forthcoming with data on these issues, as the government “does not fully comply with the minimum standards,” to eradicate sex trafficking and it “is not making significant efforts” in the process either.

In what may be perceived as a response to the McTurk case, the Cuban government has been somewhat forthcoming in sharing general principles regarding the protection of children and youth. During the 2012 reporting period, they were also willing “to cooperate with another government on a child sex tourism investigation.”

The Impunity of the Abuser

“There is much discussion in Cuba, but finding solutions that get to the root of the problem is another thing altogether," said an independent lawyer familiar with Havana’s legal proceedings regarding prostitution.

The lawyer, Yaremis Flores, and her colleague Laritza Diversent, lead Cubalex, a project which offers free legal assistance to Cuban citizens. They participated in the 55th meeting of the Committee on the Elimination of Discrimination against Women (CEDAW) held in Geneva and proffered an alternative view to that of the official delegation of Cuba.

Flores remarked that persons who pay for sexual services aren’t sanctioned on the island, as has been done successfully in some countries, including Sweden.

"In Cuba, it’s the complete opposite," continued Flores. "Although the government claims that it promotes family friendly tourism, most tourists come looking for sexual services. But, if those who pay are prosecuted, it would greatly affect one of the largest sources of revenue that the country has...And what is most worrisome is that women who engage in prostitution aren’t considered victims."

Flores said that at the meeting, the official Cuban delegation assured the CEDAW that prostitutes in Cuba are subjected to a process of rehabilitation, adding that "what they actually do is subject them to preemptive arrest and send them to jail for three or four years, even though prostitution is not a crime."

One of the panel experts asked the delegates from the Cuban government if this supposed 'rehabilitation' was with the consent of the women involved. They never got to answer that question.

The Root of Evil

Flores indicates that the official view presented in Geneva is that prostitution in Cuba is limited, and that women who prostitute themselves are looking for a life of luxury. "That's not the reality. Perhaps some do so to this end, but the truth is that usually they do it so that they can buy a pair of shoes or a backpack for their child; they do it to put food on the table. That is a reality that is being ignored, and they [the Cuban delegation] are trying to sell an image that is not real. It is minimizing the problem" she says.

The co-author of the blog, Jurisconsulto de Cuba (Jurisconsult of Cuba) admits that the topic is discussed in Cuba, but noted the lack of practical preventive measures and the concealment of statistics as obstacles to effectively address the problem.

As an example of tolerance against those who sexually abuse children, Flores mentioned rape crimes as determined by Article 305 of the Cuban Penal Code, which categorizes victims 12-16 years old as "single women." The penalty for the abuser is lenient. The code reads: "Whoever has sexual intercourse with a single woman over 12 and under 16 years of age, abusing their authority or employing deception, shall be punished by imprisonment of three months to one year."

A Visible Phenomenon

The Cubalex activist says that child prostitution is visible in the country: very young girls with much older foreigners. She remembers the 2011 case of a 12-year-Bayamo girl involved in prostitution, who died from a drug overdose. Three Italians and several Cubans were sentenced to heavy prison terms. "But what is alarming is that the case confirmed that the phenomenon exists," notes Flores.

"I ask myself, ‘Where are the prosecutors who supposedly protect the rights of children? What kind of control, what kind of preventive measure are there?’ They say yes, that it’s done by the Committees for the Defense of the Revolution, who are very active when it comes to someone who is robbing the state, but that in these cases of prostitution, of domestic violence, prefer to act as if nothing is happenin," she concluded.