Decree 349: Censorship of Artistry in Havana, Cuba
By: Milica Andric
Artistry is something that we consider to be intangible but relatively easily spotted or described. It isn’t necessarily limited to an easily distinguishable form of art—like a painting or a sculpture. But rather, it is something that can be felt by other people, something that moves other people to new bounds or transforms one into a more wholesome being. We feel it when we connect with a song that we really like, we feel it when we watch someone immersing themselves in an activity they love, and we feel it when we take the time to assemble our thoughts and reflect. The idea of silencing artistry or living in a world where it is limited seems unimaginable when we consider its relevance in the intentional things we do.
Cuba is well-known for its rich history in art. The island nation’s history of artistic creativity melds elements of Spanish, African, South American, and European cultures. Cuba has the oldest academy of art in Latin America, the Academy of San Alejandro, which opened in 1818. In the twentieth century, many artists rebelled against the classical approach to art that the Academy of San Alejandro implemented.
Cuban artists began studying abroad during a period of intense change in the European art world. The rise of Cubism, an art movement that fractured images into multiple perspectives; Primitivism, which revolved around the use of bold colors and drawing styles of primitive societies; and Surrealism, which merged dreams with external reality, were witnessed. When Cuban artists returned home, they confronted and rejected more traditional painting styles and took part in the uprising of the Vanguardia movement, advocating for modernism over traditional academic training. Many of these artists increased their political awareness and action through their work.
Since Decree Law 349 was published in July in the government’s Gaceta Oficial, there has been plenty of resistance on the island and abroad. Meetings between government cultural officials and artists have been conducted to discuss changes in the law.
The new law requires government approval for artists, musicians, writers and performers who want to present their work in any spaces open to the public, including private homes and businesses. Beyond that, it also proposes fining artists who commercialize their art without administrative permission. Decree 349 was initially promoted by the government as a defense against vulgarity and poor taste but is said to enact an institutionalized censorship of independent art and culture in the country.
Vice Minister of Culture Fernando Rojas says the new law was designed to respond to public complaints about the misuse of patriotic symbols and vulgarity in popular culture.
“The Cuban government with Decree 349 is legalizing censorship, saying that art must be created to suit their ethnic and cultural values, which are not actually defined,” she said in the open letter to the director of Kochi Biennale— a non-profit charitable trust engaged in promoting art & culture and educational activities in India. “The government is creating a ‘cultural police’ in the figure of the inspectors, turning what was until now subjective and debatable, into crime.”
The debate is a sensitive subject for most, especially because much of the country’s art was born out of the struggle for liberty. The thought of stripping artists’ autonomy therefore seems unimaginable.
It’s difficult for one to understand the severity of the situation without living in or witnessing the artistically immersive culture. When we take the issue at face value, assuming there is a sense of like-mindedness regarding the limitation of expression, we feel the fault in the argument for the new decree. For those that were fortunate enough to be born into a society that encourages the freedom of expression, the severity of the issue is imperceptible.
I had the opportunity to spend a few days in Havana this past year. Though I couldn’t immerse myself in the culture with the short timeframe and more so admired the city from a tourist’s perspective, it quickly became very clear to me that self-expression through art is an integral part of Cuban society.