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Office of the Special Rapporteur for Freedom of Expression Recommends to the Republic of Cuba the Elimination of Restrictions on Internet Access

Washington, D.C., June 19, 2006. The Office of the Special Rapporteur for Freedom of Expression of the Inter-American Commission on Human Rights (IACHR) of the OAS has been informed of the critical state of health of the director of the Cubanacán Press news agency, Mr. Guillermo Fariñas, who has been on hunger strike since January 31, 2006, in protest against the lack of free access to the Internet in Cuba.

As emphasized by the Office of the Special Rapporteur, access to the Internet can strengthen democratic systems, contribute to economic development in the countries of the region, and uphold the full exercise of freedom of expression.

The Office of the Special Rapporteur observes with concern that the Cuban legal system severely restricts the population’s access to the Internet. The source of said legal restrictions lies in the Decree No. 206/96, “Access to the World Computer Network from Cuba”, which establishes a number of limitations to the capacity of receiving and imparting information through the Internet, which are incompatible with the right to freedom of expression.

It is important to note that Principle 2 of the Declaration of Principles on Freedom of Expression of the IACHR establishes that “[a]ll people should be afforded equal opportunities to receive, seek and impart information by any means of communication without any discrimination for reasons of race, color, sex, language, religion, political or other opinions, national or social origin, economic status, birth or any other social condition”.

In this same vein, in December of 2005, the UN Special Rapporteur on the Promotion and Protection of the Right to Freedom of Opinion and Expression, the Organization for Security and Co-operation in Europe (OSCE) Representative on Freedom of the Media and the OAS Special Rapporteur for Freedom of Expression affirmed in a Joint Declaration that “the right to freedom of expression imposes an obligation on all States to devote adequate resources to promote universal access to the Internet” and that “restrictions on Internet content, whether they apply to the dissemination or to the receipt of information, should only be imposed in strict conformity with the guarantee of freedom of expression”.

The Office of the Special Rapporteur for Freedom of Expression recommends to the Republic of Cuba the elimination of restrictions on Internet access from its legislation.

For more information on the Office of the Special Rapporteur: http://www.cidh.org/relatoria

Reference: RAPPORTEUR