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Laws forthcoming in Cuba ... and those that are not

A law against gender-based violence is not included in the "legislative program, " at least until 2028.

Madrid
The Cuban legislature, in one of its sessions.
The Cuban legislature, in one of its sessions. AP

After the proclamation of the new Constitution in April of 2019, the  National Assembly of Popular Power (ANPP) of  Cuba  prepared to initiate "a period of intense legislative work," the official site Cubadebate reported.

According to the information published in Cuban state media, on December 21, 2019 the Parliament approved the legislative schedule that covers the current period (until 2023) and the next one (2023-2028), and includes the writing of 63 laws and 44 decrees-laws. According to Cubadebate, all the agencies of the central administration of the state will form working groups and design an internal schedule to draft the laws ascribed to each one.

The Ministry of Justice (MINJUS), meanwhile, was responsible for drawing up the legislative schedule, and will control the role of the central state agency involved in the drafting of each law or legal precept.

According to Cuba’s Minister of Justice, Oscar Silvera Martínez, the order of the schedule was established based on "a balance between the country's priorities and the real possibilities of the National Assembly’s work dynamics."

In late 2019, feminist, environmental and animal welfare activists assumed that the legislature would respond to long-time calls by Cuba’s civil society and pass laws against animal abuse, racial and sexual discrimination, and gender-based violence.

Miguel Díaz-Canel himself stated, on December 21, 2019 that "in the coming months and years" the government should "pass new laws (...) on issues that are vital, due to their great sensitivity", some of which "have been the grounds for concern among various people, related to gender violence, racism, animal abuse and sexual diversity."

However, according to the legislative schedule initially leaked by the digital magazine El Toque, and then published by official outlets, the Assembly will consider a Decree-Law on Animal Protection –which will be presented by the Ministry of Agriculture in 2020– and several provisions that encompass the issue of sexual diversity (Identity Law, Civil Status Law, and Family Code).

Specifically, the Family Code –the law that will finally establish (or not) equal marriage after a "popular consultation"– will be presented by the Ministry of Justice in March of 2021 and discussed with the deputies in December of 2021.

However, the legislative schedule omits from its provisions laws against gender violence, and against racial discrimination, two appeals long articulated by Cuban civil society groups.

In fact, on Friday, January 10, 2020, 4 of the 40 signatories of a request for a Comprehensive Law against Gender Violence, delivered in November 2019 to the National Assembly of Popular Power (ANPP), received confirmation that the legislation they had called for is not included in the Parliament’s Legislative Program, to be implemented until 2028.

"Although the possibility of an INTEGRAL LAW was NOT ruled out, it was confirmed that it is not considered as part of the approved legislative schedule, which, however, will be subject to continuous review,"  published the YoSíTeCreo platform in Cuba , which emerged after the complaint filed by singer Dianelys Alfonso, "La Diosa", against the musician José Luis Cortés, for alleged physical and sexual abuse.

According to official media, these are the laws that the Assembly will approve in 2020:

July:

Foreign Service Law Law on the Organization and Operation of the Council of Ministers (1994)

Law on the Organization and Operation of the Provincial Government of Popular Power Revocation Law

Law on the Organization and Operation of the Municipal Administrative Council

October:

Law on the Assertion of Constitutional Rights Before the Courts

Popular Courts Court

Administrative Procedure Law

Criminal Procedure Law

Civil, Labor and Economic Procedure Law

December:

Law of the President and Vice-president of the Republic

Defense and National Security Law

Housing Law

Public Health Law

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