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Draft of new Cuba family code has marriage equality provision

National Assembly expected to vote on proposal in December

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(Washington Blade photo by Michael K. Lavers)

HAVANA — Cuba’s Justice Ministry on Wednesday released a draft of a proposed new family code that would extend marriage rights to same-sex couples in the country.

Tremenda Nota, the Los Angeles Blade’s media partner in Cuba, reported the proposed Article 61 of the new family code defines “marriage as a union of two people with legal aptitude who voluntarily agreed to enter into it in order to build a life together based on affection and love.”

The Justice Ministry, according to Tremenda Nota, released the draft a week after a commission that has been charged with writing the new family code met with President Miguel Díaz-Canel and other officials.

Tremenda Nota reported the National Assembly is expected to vote on the new family code in December. The Associated Press noted a referendum on it would then take place.

“It protects all expressions of family diversity and the right of each person to establish a family in coherence with the constitutional principles of plurality, inclusion and human dignity,” National Union of Jurists of Cuba Vice President Yamila González Ferrer told the Associated Press.

The draft’s release comes nearly three years after the government removed an amendment from a draft of Cuba’s new constitution that would have extended marriage rights for same-sex couples after evangelical groups on the Communist island publicly criticized it. Cuban voters in February 2019 overwhelmingly approved the new constitution without marriage equality.

Cuba would join Costa Rica, Colombia and a handful of other Latin American countries with marriage equality if the new family code draft becomes law.

Former President Fidel Castro in the years after the 1959 revolution that brought him to power sent gay men and others to work camps known by the Spanish acronym UMAP. His niece, Mariela Castro, the daughter of former President Raúl Castro who spearheads LGBTQ-specific issues as director of Cuba’s National Center for Sexual Education (CENESEX), and Díaz-Canel both publicly support marriage equality.

Tremenda Nota Director Maykel González Vivero is among the hundreds of people who Cuban police arrested on July 11 during anti-government protests that took place in Havana and across the country. Luis Ángel Adán Roble, a gay man who was once a member of the National Assembly, is among those who have been banned from leaving the country.

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Caribbean

Samantha Power meets with Dominican LGBTQ activists

Meeting took place in Santo Domingo on Oct. 7

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U.S. Agency for International Development Administrator Samantha Power, first from right, on Oct. 7, 2021, met with LGBTQ activists in the Dominican Republic. (Photo courtesy of Power's Twitter account)

SANTO DOMINGO, Dominican Republic — U.S. Agency for International Development Administrator Samantha Power on Oct. 7 met with LGBTQ activists in the Dominican Republic.

Diversidad Dominicana Executive Director Rosanna Marzán, Amigos Siempre Amigos Director Leonardo Sánchez, Sirana Dolis of Movimiento de Mujeres Dominico Haitianas (MUDHA) and Bridget Wooding of the Caribbean Migration and Development Observatory (OBMICA) are among those who met with Power in Santo Domingo, the Dominican capital. Power in a tweet said she also met with human rights activists who are working to “restore legal documentation” for the more than 100,000 Dominicans of Haitian descent who live in the country.

“So glad to meet these activists fighting at (sic) local and national level for equality and dignity for all,” tweeted Power.

Marzán told the Los Angeles Blade the meeting with Power was “very good.”

The Dominican Republic borders Haiti on Hispaniola.

The Dominican House of Representatives in June approved a bill that would remove sexual orientation from the country’s Penal Code. The Dominican Senate has yet to consider the measure that has sparked outrage among the country’s LGBTQ activists.

Power traveled to the Dominican Republic two months after Haitian President Jovenel Moïse’s assassination.

A 7.2 magnitude earthquake on Aug. 14 left scores of people dead and displaced hundreds of thousands of others in Haiti’s Tiburon Peninsula. Immigration Equality is among the groups that criticized the Biden administration last month over the deportation of Haitian migrants and asylum seekers from Texas.

James “Wally” Brewster was the U.S. ambassador to the Dominican Republic from 2013-2017. He is one of six openly gay men who represented the U.S. abroad during the Obama administration.

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Caribbean

Cuban president meets with LGBTQ activists in Havana

Havana gathering took place months after anti-government protests

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Cuban President Miguel Díaz-Canel (Photo public domain)

HAVANA — Cuban President Miguel Díaz-Canel on Friday met with more than a dozen LGBTQ activists.

Tremenda Nota, the Los Angeles Blade’s media partner in Cuba, reported the meeting took place at Havana’s Palace of the Revolution. Francisco Rodríguez Cruz, a gay man living with HIV who writes under the pen name Paquito el de Cuba, and Malú Cano, coordinator of Transcuba, a transgender organization that is affiliated with the National Center for Sexual Education (CENESEX), are among those who participated.

“I see it as a political will to advance the recognition of the rights of LGBTIQ+ people, an outstanding debt that the revolution has always had with us,” Cano told Tremenda Nota.

The Cuban government tweeted pictures of of the meeting. Rodríguez in a blog post notes CENESEX Director Mariela Castro, the daughter of former President Raúl Castro, was sitting next to Díaz-Canel.

Former President Fidel Castro, who was Mariela Castro’s uncle, in the years after the 1959 revolution that brought him to power sent gay men and others to work camps known by the Spanish acronym UMAP. The Cuban government until 1993 forcibly quarantined people with AIDS in state-run sanitaria.

Mariela Castro and Díaz-Canel both publicly support marriage rights for same-sex couples. Friday’s meeting took place less than a month after Cuba’s Justice Ministry released a draft of a proposed new family code that would allow gays and lesbians to tie the knot.

Yoan de la Cruz, a gay man from San Antonio de los Baños in Artemisa province who live-streamed the first of a series of anti-government protests that took place across Cuba on July 11, and hundreds of others who participated in the demonstrations remain in custody.

14ymedio, an independent website founded by Yoani Sánchez, a prominent critic of the Cuban government, earlier this week reported the country’s attorney general is seeking an 8-year prison sentence for De La Cruz. 14ymedio also notes Cuban authorities continue to hold De La Cruz “somewhat incommunicado” in a prison east of Havana.

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Caribbean

Gay man who live-streamed Cuba anti-government protest faces 8-year prison sentence

Yoan de la Cruz broadcast July 11 demonstration on Facebook

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Yoan de la Cruz (Photo courtesy of Twitter)

SAN ANTONIO DE LOS BAÑOS, Cuba — A gay man who live-streamed an anti-government protest faces an 8-year prison sentence.

Yoan de la Cruz on July 11 used Facebook Live to livestream a protest in San Antonio de los Baños, a municipality in Artemisa province that is just west of Havana.

The San Antonio de los Baños protest was the first of dozens of anti-government demonstrations against mounting food shortages, the government’s response to the pandemic, a worsening economic crisis and human rights abuses that took place across Cuba on July 11.

De La Cruz is one of hundreds of protest participants who were arrested. Others include Maykel González Vivero, editor of Tremenda Nota, the Los Angeles Blade’s media partner in Cuba.

14ymedio, an independent website founded by Yoani Sánchez, a prominent critic of the Cuban government, on Monday reported the country’s attorney general is seeking an 8-year prison sentence for De La Cruz. 14ymedio also notes Cuban authorities continue to hold De La Cruz “somewhat incommunicado” in a prison in Mayabeque province, which is east of Havana.

It is unclear when his trial will take place.

“The Cuban government is again intimidating Cubans to keep them from peacefully expressing themselves,” tweeted Assistant Secretary of State for Western Hemisphere Affairs Brian Nichols on Thursday. “After initially sentencing many July 11 protestors to months of detention and fines, they now seek additional jail time for some of the 500+ detainees to 6-12 years.”

The tweet does not specifically mention De La Cruz.

Luis Ángel Adán Roble, a gay man who was once a member of Cuba’s National Assembly, is now a vocal critic of his country’s government and publicly supports De La Cruz. Adán on Thursday described the proposed sentence as “excessive and unjust.”

“The only thing about Yoan that I know is the charge of which they have accused him is contempt, and they are asking for eight years,” he told the Blade. “I don’t understand what live-streaming something has to do with contempt.”

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