The legal upside of Religion by Claire Bay Jensen

Thesis project: Regla: A new Infrastructure of Care

Claire Bay Jensen Political Architecture: Critical Sustainability

KADK Thesis Written essay

The legal upside of Religion: A suggestion to how Cuban Cabildos can benefit from a collaboration with the EU and foreign NGOâ&#x20AC;&#x2122;s.

Claire Bay Jensen Studio: Political Architecture: Critical Sustainability Student nr: 170112 Tutor: Runa Johannesen The Royal Dansih Academy of Fine Arts Schoold of Architceture, Design and Conservation The School of Design

Background & Premise

Introduction

Table on Contents

Problem

The states interference into non-profit finances The inability to engage with the civil society Cumbersome approval processes The Association Law 1976: The law of duplication

Cabildos can deflect state interference into financial processes Cabildos can reengage non-profits with the community Cabildos can help secure successful project approvals Cabildos can help NGOâ&#x20AC;&#x2122;s execute services that are within the jurisdiction of the state

How can an increased support to foreign NGO increase the impact of the Cabildos?

a) b) c) d)

Preliminary suggestions

The potentials of the Cabildos

a) b) c) d)

2) Restrictive Cuban Laws for foreign organisations

1) The lacking information of associated foreign non-profits in Cuba

The legal upside of Religion A suggestion to how Cuban Cabildos can benefit from a collaboration with foreign NGO’s.

Introduction: After the collapse of the Soviet Union in 1990´s, Cuban and foreign non-governmental organisations(NGO’s) have formed an important threshold between the state and the Cuban civil society. Due to their position between the two, they have been able to mobilize local resources with a more handson approach, all awhile blending and engaging with decision-making bodies. Together. they have thus been able to form a kind of reciprocate relationship, where Cuban aid groups can identify civil needs thereby giving foreign NGO’s the ability to react with a more targeted approach to initiate and fund community programs. The collaboration between foreign NGO’s and Cuban groups is consequently one of the most paramount concepts in identifying and initialising new social programs in Cuba. However, while there is a need for action from Cuban groups and foreign NGO’s to increase Cuban living standards caused by housing decay and a deficit social system, their relationship has been impaired by the states ambivalent attitude towards their activities and collaboration. The EU and foreign NGO’s have expressed that they on the one hand are encouraged to start social programs, however on the other hand are subjected to harsh legal regulations, which stipulate their economic resources and behaviour - thus limiting their impact (Gray, 2016). This is not problematic because it impedes the presence of NGO’s in Cuba, consequently vastly decreasing the Cuban social groups ability to receive funding, material goods and disseminate foreign expertise. In light of the latter, the purpose of this paper is thus to stress how an increased support toward foreign NGO’s can increase the impact of Cuban social groups, which ultimately can have an immense significance for the Cuban civil society. Firstly, the paper wishes to explore the legal regulations that surrounds foreign NGO’s, and how they may utilise the legal position of local aid groups, also known as Cabildo groups, to expand and improve their activities1. The reason being that Cabildos, because of their religious affiliation, are exempt some of the tough legal regulations often posing a challenge for foreign NGO’s. Secondly, the paper provides suggestions to why Cabildos might be interested in such collaborations and what they might Cabildos are religious aid organisations, first formed in the 16th century in colonial Cuba as secret societies to provide care for enslaved and free Africans. They currently hold a position as an important human resource to help support the Cuban society. 1 The intention is based on the premise that increasing foreign non-profit activity in Cuba would be a positive development, nevertheless with areas subject to critique. 1

gain from it. The intention is thus to insinuate how a foreign NGO-Cabildo partnership can create a synergy that strengthens the activities and progression of local Cabildo’s in Cuba, which ultimately strengthens the Cuban civil society from within. The interest to discuss this theme is built on fieldwork in Havana, from which my research indicated an existing disjuncture between Cuban and foreign approaches to social aid. This discrepancy has been further investigated during interviews with Cabildo representatives and interviews with non-Cuban volunteers. My empirical research has thus been compared to newly acquired information of how foreign NGO’s including the European Union are seeking new alternatives to navigate in the complexity of Cuban bureaucracy (Tvevad, 2017)

Background & Premise Since the evaporation of the former Soviet Union in the early 1990s, Cuba has experienced a dramatic plummet in their economy. Essentially, it has had an enormous impact on the Cuban social system, decreasing most of the support to education, health and housing (Dan Erikson, 2002). The economic condition not only exposed a weakness in top-down approaches to acquire material resources but likewise revealed that the Cuban government simply could not handle all of the emerging problems in the community (Hearn, 2008). The failure to supply materials, commodities and social aid so forth produced a need for civilians, grassroots and foreign non-governmental organisations to undertake more responsibilities in the community. This need likewise warmed the Cuban government up to the engagement of the European Union. Historically the EU have proven to be a difficult opponent for the Cuban government because of their continuous critique of the Castro administration. However, in 2017 the EU have entered into a new political agreement with Cuba aimed to ease their mutual relations2 (Tvevad, 2017). This has resulted in the EU’s allocation of 50 million dollars to support areas of sustainable agriculture, environment and climate change (Brundige, Cisneros, Penalver, & Spitz, 2017). The agreement is important for the EU because it not only guarantees that the EU can move into areas of investment and cooperation but now permits them to actively participate to develop the society. This means they are allowed to initiate social programs which are in areas of technology, science, art and culture (Brundige, Cisneros, Penalver, & Spitz, 2017). For the EU this is a gamechanger, as they have since 2003 been rejected from providing any kinds of humanitarian aid. The

The PDCA agreement is a political agreement signed in 2017 between the EU and Cuba, aimed to support mutual relations in trade. The agreement stresses processes of modernization, support of economic and social development and promotion for human rights in Cuba. For Cuba, the agreement represents the ‘normalisation’ of its relationship with an important economic and trade partner and contributes to the diversification of its external relations.

report however does not include how the EU can move closer to working within areas that are within the jurisdiction of the Cuban state such as medical care, education and housing3.

Problem Despite a new tolerance toward foreign engagement in Cuba due to Cuba’s gradual entry into the global market, foreign NGO’s including the EU have reported that they find it continuously difficult to navigate in the Cuban socio-political system (Brundige, Cisneros, Penalver, & Spitz, 2017, s. 210-2017). Despite signing a new political agreement to enhance civil development, the EU express that they are subject to ambivalent attitudes towards their work (Tvevad, 2017). On one hand, the government urges the EU and foreign NGO’s to get involved in the shaping of the nation, as the communist party says its goal is to increase the participation of people and groups in social and political matters. On the other hand, they are confronted with an overprotective government who weaken the distribution of NGO’ information and employ laws that impede them from applying their services throughout Cuba. These challenges continue because the question of what is and what is not considered lawful or acceptable behaviour remains vague and unanswered. It is problematic, because not only does Cuban law prevent the EU from implementing their certain services in Cuba but likewise stalls the collaboration and infrastructure of related NGO’s and social groups in Cuba. From this I wish to underline two main problematics that impede the collaboration between foreign NGO’s and Cuban groups; The weakening of NGO’s information by the Cuban Government; The restrictive nature of Cuban law, from which foreign non-profits are subject.

1. The lacking information of associated foreign non-profits in Cuba Despite the seemingly growing acceptance of non-state groups - Cuban and international - the government does not supply an overview of non-profit organisations and programs in Cuba. Cuban documents on foreign collaborations are both extremely scars and protected, where access to this information can only be accessed through a Cuban state or municipal representative. Even so, to acquire information about a specific foreign program requires permissions from the Ministry of Justice - knowingly a lengthy and bureaucratic procedure (Lozano, 2017). An interview with Architect Neli Lorenzo indicated that the reason

It is unclear how many EU organisations operate currently operate in, however EU reports have calculated over approximately 20 partnerships between them and state-run organisations in: agriculture, science and technology and art and culture.

for the lacking information likely stems from the relatively new relationship between Cuban and foreign organisations like the EU, which remains complex and in lack of factual documentation4. Another interview with an EU representative also suggested that the lacking information stems from the Cuban government reluctance to welcome services, that traditionally are theirs to preserve (Freres, 2000. ). The Cuban state’s overprotective nature means that they weaken the distribution of information of foreign programs, by denying non-profits internet access and not documenting their actions.

2. Restrictive Cuban Laws for foreign organisations The Cuban government continuously restrict the actions of the EU & foreign groups, questioning whether they are using social programs to push concepts of a “Pluralistic democracy” in through the back door (UN, 2004). For EU, this is paradoxical since the Cuban government have implied that they wish to broaden their mutual relationship but simultaneously restrict them. The Cuban governments general scepticism toward the EU thus means that they continuously deny NGO’s of their autonomy by maintaining an active role in regulating the flow of economic resources and avenues of collaborations between the EU and local groups. The paper will here attempt to identify four main challenges that restrict foreign NGO’s; The states interference into non-profit finances; The inability to engage with the civil society; Cumbersome approval processes; The law of duplication. (Quiroz’s, 2003). The information is supported by my empirical research conducted in Cuba and further insight into Cuban laws regulating associations and foreign organisations5. a) The states interference into non-profit finances According to Cuban law of Association, foreign NGO’s are required to either form a partnership with a governmental organisation such as the Ministry of Foreign Investment and Economic Collaboration (Minvec) 6 or a local partner (Brundige, Cisneros, Penalver, & Spitz, 2017). If the organisation partners with a governmental organisation they are by law required to declare their financial resources. This allows Minvec to govern how the NGO’s resources are distributed and to whom. An interview with volunteer

3The

lack of factual information is seen in the discrepancy in non-profit numbers in Cuba, in which the Ministry of Foreign

Investment and Economic Cooperation(MINVEC) in a report from 2016 between the EU and Cuba, calculated 50 foreign nonprofit organisations, while the EU say that the actual number is no more than 20. 5 Constitucion

de la Republica a de Cuba (1976) Minvec are called” mass organisations” who are state-controlled organisations that represent diverse sectors of the Cuban society however are not able to make the final decisions which is reserved for the central Cuban government. 6

Alexandra P Gelbard, Ph.D. in Afro-Cuban Diaspora demonstrated how she and affiliated organisations are subjected to meticulous background investigations and constant scrutiny by Minvec, who she describes as having no transparency (Gelbard, 2017). Money given to it simply cannot be accounted for unless there is a formal agreement requiring such an accounting7. Forming a partnership with state henchmen such as Minvec is thus not a very appealing option, because it allows Minvecs appropriation of donations addressed to and from the NGOs. The states argument is that Minvec is better equipped to understand the country’s needs and therefore can divert donations in a better way (Gray, 2016) For EU who are accustomed to economic autonomy, therefore find this particular difficult to accept because it deprives them of control, often watching how their funds are issued to unplanned projects. Most significant is the fact that the EU and remaining NGO’s have not gained any significant social or economic benefits from Cuba’s recent adaption to a more liberal market. They still face the same legal restrictions introduced by the revolution, while other organisations and investors who are more economically valuable have been allowed more freedom in joint ventures with Cuban organisations. b) The inability to engage with the civil society Despite Cuba granting a 50/50 market share and autonomy for foreign investors, foreign NGO’s have very little advantage without a Cuban partner. According to Cuban law8, a foreign NGO is not allowed to engage with the civil society without a Cuban ministry to administer it or a state-controlled organisation to broker its initiatives(ibid,210). Without a Cuban partner the EU are unable to start new programs and expand their activities to Cuba.9 Furthermore, even if a partnership is established the NGO is not allowed to engage directly with the community. This can be problematic because it creates a barrier-like structure between the NGO’s and their audience, which decreases their ability to monitor the success or failure of their social work. c) Cumbersome approval processes Government approvals for community projects are highly centralised and discretionary. This means that it can be cumbersome to apply for licenses for social projects10. Firstly, license processes are directed by a series of ministries such as the Ministry of Justice (MOJ) and Minvec11, who despite their authority, do not have the power to decide upon a final approval. The ministries serve as a governmental link and are necessary in order to investigate the NGO application, but the final decision rests with the central government, in its absolute discretion (Hearn, 2008). This leaves approval processes to be protracted and

Constitucion de la Republica a de Cuba (1976) See Approval Process Diagram Page 1& 2 in appendix.

11 MOJ

resembles the functions of Minvec in which it is also called a” mass organizations”. See footnote 5.

bureaucratic, creating a barrier for foreign non-profits, who lack the kind of network and street-smart knowledge as their Cuban colleagues. Second, interviews with Cabildo member Juan Lozano showed that license processes are often faster for projects with commercial value. He continues, “in order to receive a license by the government, the social activity carried out must be “interesting” for them”12 (Lozano, 2017). The main concern is here that the will to prioritise commercial projects can complicate the goal of NGO projects, in which it is turned into pre-designed project that is economically favourable for the government rather of value for the community. d) The Association Law: The law of duplication In Cuba it is very hard to establish a new organisation. Under Cuban law 1976, all organisations are subject to what is known as the Association Law (Quiroz’s, 2003). It dictates that new organisations can only be formed if it is shown that their services are not offered by another existing organisation13. For simplification, I will refer to this as the law of duplication. If the organisation shows a duplication in services, the founders and staff of that organisation must join the existing organisation. The duplication law likewise applies to the services of the government. This means that foreign non-profits are not allowed to provide social services such as education and medical assistance as they are reserved solely for the Cuban government14. The duplication law thus creates one of the biggest challenges for non-profits and social groups who seek to work in Cuba. The inability to offer identical services severely limits the possibility of establishing a new organisation moreover prevents the expansion of identical or even similar services in Cuba. By preventing duplicate services thus risks creating distinct service monopolies, in which services of aid are concentrated within single organisations in single locations. This can create an unnuanced service palette, in which services lack innovation and can only accommodate certain types of issues in the community. In a worstcase scenario, this can potentially change the premise of foreign non-profit programs and services in Cuba, in which they cannot accommodate a variety of needs thereby turning them into inapplicable and outdated organisations, whose services only add to the already deteriorating social system.

The legal potentials of the Cabildos. Evidently, the barriers for NGO’s are rooted in the particularities of the Cuban legal context. Essentially, the Cuban government possess an overprotectiveness, which leads them to apply legal regulations that

Notably the Cabildo has received approval for the restoration of a colonial building after mere 3 months, because they host the annual and profitable Regla procession, which attracts thousands of visitors and tourists every year. 12

13“Ley de Asociaciones (Law of Sssociation) (1985) LEY NO. 54 art. 10 (Cuba 1985)” 14 Mass organizations are state-controlled organisations that represent sectors of the Cuban society, and function as an extended arm of the of the government however do not have the decision-making authority without the consent of the central government. These include Ministry of Foreign Investment and Economic Cooperation (Minvec) and Ministry of Commerce and Foreign Trade and Investment (Mincex)

economically and socially control foreign NGO’s with the aim to prevent foreign and democratic agendas on the Cuban civil society. On the one hand, it is clear that the Cuban government must consider reviewing these legal regulations, in order for NGO’s to sustain their presence and donations to Cuba. On the other hand, it is important that foreign NGO’s increase their understanding of the Cuban political, social and legal landscape if they wish to expand into Cuba. Preliminary suggestions Before coming to Cuba, it is important for foreign NGO’s to realise that Cuba differs from many other emerging economies, in which it employs a tightly managed approach to social development. This means that organisations who work or wish to work in Cuba in the future must be aware that maintaining their organisational autonomy to will not be possible. They must likewise acknowledge that Cuba has risen from a background of colonisation and subjugation, which means that an attitude of European superiority or organisational hierarchy may not be welcomed. It is thus important NGO’s and the EU to reflect upon and pursue more than one alternative if they wish to advance their activities. The suggestion is that it may be beneficial for NGO’s form partnerships with the Cabildos, who have gained a resourceful and significant legal position in regard to social work. a) Cabildos can deflect state interference into financial processes In the Cuban legal framework, foreign organisations have no legal personality without a Cuban partner. Foreign organisations must therefore consider it a mandatory step in order to develop aid activities in Cuba. The ability to form a collaboration with a Cabildo is thus an interesting and most beneficial alternative. They are a part of the Catholic hierarchy, who like any other organisation are required to declare their finances yes but are excluded from principles of the Association Law. This means that religious organisations like the Cabildos are not subjected to concepts of diversion and appropriation of donations – providing them with a certain degree of economic autonomy (Brundige, Cisneros, Penalver, & Spitz, 2017, s. 209). By creating a partnership with the Cabildos can thus enable NGO’s to keep a closer record of their funding into relevant projects and help them maintain degrees of economic autonomy as a foreign organisation. b) Cabildos can reengage non-profits with the community Cuban law prohibits foreign organisations from engaging with the community, except in partnership with an accepted Cuban entity. Forming a partnership with the Cabildos instead of a state-run organisation can thus help the EU to stay more attuned to the citizens’ concerns and become more responsive in mobilizing resources to deal with the task at hand. Because Cabildos inherently belong to the civil society, they can help the EU in the moral and ethical dimensions of decision-making in the public sphere providing foreign organisations with knowledge about social systems and cultural differences/similarities. The Cabildos can likewise challenge basic assumptions and unrealistic expectations by non-profit representatives, providing

them with a realistic opinion of what it means to be a foreigner in Cuba. Altogether, the collaboration between the EU and a Cabildo can create a synergy in which the local Cabildos can close bureaucratic gaps - creating a closer relationship between community needs and non-profit responses. c) Cabildos can help secure successful project approvals Legal guidelines for social project approvals are extremely discretionary. NGO’s complain that even when legal requirements are met, approvals may not be granted, and denials are often camouflaged by the government’s lack of response (Quiroz’s, 2003). Forming a strong relationship with a trustworthy local partner, with a good understanding of bureaucratic processes is thus essential in order to reach successful approvals. It is therefore vital, that the NGO remain critical when it forms a partnership to a local partner, as it can determine the success of applications. It can be valuable to collaborate with the Cabildos, who are both part of a global religious institution and the Cuban civil society thus helping NGO’s foreign non-profit to navigate in complexity of approval processes. Furthermore, the Cuban government has in recent years put religion as one of the main pillars to boost the economy. This means that Cabildos have gained a commercial an economic interest, from which NGO’s can exploit to frame applications and ultimately secure successful approvals for projects that are valuable15. d) Cabildos can help NGO’s execute services that are within the jurisdiction of the state According to the Associations Law first established in 1976, an organization - Cuban or foreign - can only be created to serve concepts in; science and technology, art and culture, athletics. This prohibits organisations in duplicating services that are within the jurisdiction of the state including educational and medical assistance and hospitalization. The law of duplication applies to organisations on a national, provincial, or municipal level however does not include ministries, state-organisations like Minvec and religious organisations.16 Religious organisations in Cuba sustain a long history of social aid and have therefore have been allowed to continue their services in medical aid and social projects - services that are also provided by the state. A collaboration with a religious group such as a Cabildos can thus be valuable for foreign NGO’s in Cuba, who wish to offer services that are within the jurisdiction of the state such as health and education. Cabildos are also well-connected with the international religious organisations Caritas, who facilitate programs for seniors, children with and without disabilities and young people at social risk(ibid), 204). They are interesting for the Cuban government because they provide funding and

15It

is believed that the popular Afro-Cuban religion Santeria first emerged in Cuba. This has shown to attract thousands of religious believers every year, which is why the Cuban government has put Afro-Cuban religions on the political agenda, as one of main pillars to boost the economy together with tourism. See Diagram “How Cabildos and foreign NGO can utilize mutual qualities to develop social projects in Cuba" on page 3 & 4 in Appendix 16

material support to churches or religious communities and channel significant donations into state-run programs (Caritas, 2017). Despite the establishment of a new political agreement between the EU- and Cuba, it is hard to see how the EU may actually be able to engage with the civil society unless Cuban laws are revised by the Cuban government. It is however a scenario, which has not yet been accepted by the Cuban thus producing the need for other alternatives. The Cabildos present diverse experience and initiate programs that are both socially engaging and meet the needs of the civil society – a capacity from which NGO’s can potentially harness. Forming a partnership with Cuban social groups and aid organisations is thus a necessity and not an option if NGO’s want to reengage and enhance their activities in the Cuban community. How can an increased support to foreign NGO thus increase the impact of the Cabildos? In conjuncture with the rising social disparities in social services and, it is becoming increasingly difficult for Cubans to obtain material goods such as building materials and average commodities which are now in high demand. Followed by the continuous scepticism by the Cuban government toward foreign NGO’s, social groups such as the Cabildos find it increasingly difficult to conduct their work in the community, as they cannot obtain or receive external funding and materials to restore homes and food supply (Lozano, 2017). A collaboration between them and a foreign NGO can thus create a synergy, in which the NGO’s can help generate new opportunities for the Cabildos. A partnership could potentially mean that the Cabildos could utilise the foreign NGO to provide access to funding, building materials and food supply. On a larger scale, a bilateral partnership with an EU NGO’s can potentially create a link to other NGO’ groups to other organisations that are either related in terms of social work, or in terms of financial capacity and support. The EU can thus assist in channelling information and expertise about other community programs and non-profit organisations into Cuba from abroad. By expanding the network of NGO’s could ultimately result in financial independence for the Cabildos, rather than depending on support from the Cuban state. Altogether, the collaboration between the EU and a Cabildo can create a multifaceted synergy between two partners who are driven to initiate community projects, which may ultimately help Cuban civilians and develop the currently vulnerable local Cuban society.

Bibliography Brundige, E., Cisneros, L. D., Penalver, E. M., & Spitz, L. (2017). U.S. Nonprofit activity in Cuba : The Cuban Context. Caritas. (2017). http://www.caritas.org. Hentet fra http://www.caritas.org/where-we-are/latin-america/cuba (last visited Feb. 28, 2017) [https://perma.cc/P6LN-UGU8]. Dan Erikson, A. L. (2002). Cubas Social Services: A Review of Education, Health and Sanitation. World Development Report. Erikson, D. P. (2009). Europe’s Cuba Problem: The Limits of Constructive Engagement. International Institute for Democracy and Electoral Assistance. EU. (october 2017). (C. B. Jensen, Interviewer) European Commission. (2017). European Commission. Hentet fra <http://trade.ec.europa.eu/doclib/ docs/2006/september/tradoc_122460.pdf> , last accessed 15 March 2009 Freres, C. (2000. ). The European Union as a Global “Civilian Power”: Development Cooperation in EU-Latin American Relations».. Journal of Interamerican Studies and World Affairs 42 (2): 63–85. doi:10.2307/166282. Gray, A. I. (2016). Cuban – European NGO collaboration: international cooperation with the island during the Special Period. Hearn, A. (2008). Political Dimensions of International NGO Collaboration with Cuba. Lozano, J. (2017). Cuban approval processes. (C. B. Jensen, Interviewer) Havana. Quiroz’s, A. (2003). “The Evolution of Laws Regulating Associations and Civil Society in Cuba. New York: Woodrow Wilson International Center for Scholars Baruch College & The Graduate Center, City University of New York. Tvevad, J. (2017). IN-Depth Analysis: EU-Cuba Relations: A new chapter Begins. European parliament - Policy Department. UN. (2004). Strengthening of the United Nations System.

Appendix

Foreign NGO A foreign NGO arrives in Cuba

Alternative 1

The foreign NGO has the choice to contact Minvec directly for a licens to involveitself in Cuba

Alternative 2

Minvec

Cuban NGO

Minvec (Ministerio para la Inversion Extranjera y Colaboración Economica

The foreign NGO can also contact a local cuban NGO such as the Cabildo groups.

The NGO contacts Cuban NGO

Foreign NGO + Cuban NGO form association under

Association Law Project Cuban NGO proposes project

Foreign NGO NGO brings financial assistance NGO brings technical assistance

Cultural activity

Assist vulnerable groups

Sustainabile development

Cuban NGO Cuban NGO offers the people and expertise to carry out the project

ORA Authority Office of Religious Affairs

Application Cabildo group seeks terms of reference for foreign NGO

Evaluation On behalf of the government, the project will be is evaluated by ORA

Licens Sociedades Civiles Application for “Terms of reference is either accepted or rejected

Finances The NGO experience appropration of donations and government dictates how they are used

Minvec

Ministry of Justice

Minvec will judge the project and give its criteria, that is, the conditions under which permission for the project will be given.

Minvec will send application to MOJ to regulate aspects of apllication

Cuban Government Application will have to go through central government for final permission

Licens permission Licens rejection

If the Minvec association approves the project the International NGO and the Cabildo are allowed to engage with social development

The International NGo has been rejected to engage in Cuba, often because their objectives counter the revolution ideaologies

Foreign NGO

Cuban NGO

Cuban tight legislation

ORA Authority Office of Religious Affairs

Foreign NGO’s experience hardships in controlling their finances and are subject to tight regulations, often suddenly revoking licenses

Civil society Individual members of the civil society make up Cabildos

MAP of simplification of current foreign NGO engagement and processes in CUBA The diagram shows the extensive processs of obtaining permission for the engagement between a foreign NGO and the cuban civil society

When a foreign NGO comes to Cuba to engage in social development The foreign NGO comes to Cuba and contacts either the state through Minvec (Ministerio para la Inversion Extranjera y Colaboración Economica, Ministry of Foreign Investment and Economic Cooperation) or more often a Cuban NGO directly; the foreign NGO cannot engage in any activities of its own, it has to have a Cuban counterpart (partner); the Cuban NGO proposes a project to the foreign NGO; the foreign NGO brings the finance and technical assistance in the form of a field representative; the Cuban NGO offers the people and expertise to carry out the project; the Cuban NGO goes to the state to get what are known as the ‘terms of reference’ for the project; once the state gives the terms of reference, the project can start. The Cuban NGO is supposed to go to Minvec with a project proposal and secured funding from a foreign NGO. Minvec will judge the project and give its criteria, that is, the conditions under which permission for

the project will be given. Determining the terms of reference for a project is the state’s way of getting involved in the direction a project will take. Once the project is approved the Cuban NGO can interact with all the local actors, including the Consejo Popular, people in the municipality, various government agencies, and so on. Close watch by the state The state keeps an inventory of, and administers, the use of all available resources, eliminating waste and overlapping of scarce resources. In practice, this means that neither foreign nor Cuban NGOs act independently; the state is always close by, monitoring and managing the use of all resources that come into the country. A particular area of controversy arises in state appropriation of donations addressed to NGOs.

mously and therefore find it difficult when the state dictates how their resources are to be used. The argument is that the revolutionary government is in closer touch with the country’s needs and can therefore divert donations in a more appropriate manner than can NGOs

o a i o an foreign can ti i e m t a a itie to e e op ocia project in a

efore arri ing in

t engage

it c

an ega re triction

er ice

ntere t

ociation a

Project can not offer services which are already offered by the state such as me ica e ca tion or o pita a i tance

Project must be intere ting” for Cuban government, the civil society and sustainable development

Project must relate to cience tec no og art an c t e t etic frien ip an o a arit

o e oe not app to an a an go ernment comitiee inc e igio gro p

arri e in

emocrac links to highting of emocrac or ci i rig t

organi ation or in ec or

an a i o EU takes contact to cuban religious aid organisations in order to gain permissions and licenses

Framing of project

a i oi pon ore

Focus on Cultural partnership with the US because of affiliation with Catholic church protraying freedom of religion

e a in a ocate mi ion ro to economic taina i it an ocia mo erni ation

Application Cabildo group seeks terms of reference for foreign NGO

Evaluation On behalf of the government, the project will be is evaluated by ORA

Focus on profit // use religion as commercial driver

Licens Sociedades Civiles Application for “Terms of reference is either accepted or rejected

Cabildo will act as main stakeholder under the “law” of ORA

Cuban Constitutional Rights Cubans and have the constitutional right to engage with the civil society as long is it not in conflict with the revolution

Suggestions to how Cabildos can utilise nonprofit organisations to promote social development The diagram shows how the project can tap into the existing private investment from the Russian Railway company into cuban train infrastructure

Cuban NGO

Cuban Government

Social development project