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realclearworld

Reports from Cuba: You can’t come in

By Rosa Lopez in Translating Cuba:

You Can’t Come In
http://translatingcuba.com/wp-content/uploads/2014/08/Anuncio-derecho-admisiAn-cine_CYMIMA20140827_0002_16.jpg

This venue reserves the right of admission

“You can’t come in,” a young doorkeeper emphatically tells a young man, while gesturing for him to move away from the door. When the target protests, he receives the explanation that in this crowded Havana club, “you can’t enter wearing shorts.” A sign posted at the entrance warns that the place, “reserves the right of admission.”

The story is repeated in many other places in Havana. The Charles Chaplin Cinema downtown posts a sign with entry restrictions. When you ask an employee if the rules are dictated by higher body, she says, “No, no. Management is in charge, there’s no law. We are the ones who decide.” And she adds, “We don’t allow people without shirts, or wearing flipflops, or behaving inappropriately.” It’s not unusual to see, however, flexible rules for foreigners. An Italian in short shorts—which could be confused with a bathing suit—passed through the lobby without being ejected.

In 2010, the Chaplin Cinema refused entry to a group of people trying to attend the premier of the documentary Revolution about the hip-hop group Los Aldeanos. Some of these citizens drafted a legal demand against the entity, charging that the segregation was based on ideological reasons, because they were activists, bloggers and musicians from the dissident scene, but it was unsuccessful in court. Years later, the downtown movie theater still sports a sign with restrictions on entry.

Welcome Cubans, but…

In 2008, one of the first steps taken by Raul Castro on assuming power was to allow Cubans access to hotels. According to the General President, that decision was meant to avoid the emergence of “new inequalities.” Nevertheless, native Cubans still can’t enjoy all the recreational areas of the country. The boats that run along the coast, the marine enclaves along stretches of the coast, and some keys still do not allow Cubans residing on the Island where they were born.

By the Bay of Cienfuegos a pleasure boat sails which doesn’t allow any Cubans to enjoy the excursion. 

By the Bay of Cienfuegos a pleasure boat sails which doesn’t allow any Cubans to enjoy the excursion. The reason, according to several dock workers, is fear that that the boat could be hijacked in an illegal attempt to leave the country. The argument reveals the drama of emigration, but also the continuing existence of an apartheid that makes those born in this land second-class citizens. The measure also violates the Cuban Constitution which guarantees, in Article 43, that all Cubans have the right to use, “without segregation, maritime, rail, air and road transport.”

So far, there are no national guidelines that justify such segregation procedures, especially in State facilities, where it is established that they are projected by law. Outside Pepitos Bar, located on 26th Avenue downtown, there is a sign that shows the use and abuse of the right admission “They are rules imposed by the administration,” says a worker at the center who didn’t want his name revealed.

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The rights and duties of the consumer are often subject to arbitrary criteria.

The existing Penal Code establishes one to three years imprisonment or a 300,000 share* fine for an official who arbitrarily exceeds the legal limits of his or her competency. However, none of the lawyers consulted by this newspaper could remember a trial against any administrator or director of a public facility for irregularities in the “right of admission.”

The “house rules” that govern some public sites in Cuba go against even the Universal Declaration of Human Rights. According to its Article 133, “Every person as the right to circulate freely,” and Article 27 also adds that every citizen “has the right to freely form a part of the cultural life of the community.”

Several State restaurants on Obispo Street prohibit nationals from talking with tourists. 

Attorney Wilfredo Vallín, director of the Cuban Law Association, published an article on the site Primavera Digital (Digital Spring), in which he asserted that “restricting, and at the extreme not permitting, access to public places to people who behave correctly, don’t cause disturbances, don’t bother anyone, is illegal.”

Several State restaurants on Obispo Street prohibit nationals from talking with tourists. Management claims the right to expel people from the premises under the pretext that they are annoying foreign customers. However, cases of verbal reprimands or expulsions of tourists for annoying a Cuban with their insinuations or proposals are unheard of. Having a passport from another country appears to grant carte blanche in these situations.

*Translator’s note: Under Cuban law fines are set as a number of “shares”; the value of a single share can then be adjusted, affecting all the fines, without having to rewrite every law.

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