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Breaking binaries and advocating for intersex justice in Southern Africa

Movement embraces intersectionality and affirms people’s multiple identities

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A transformative movement is gaining momentum in Southern Africa, a region known for its diverse cultures and traditions. This movement challenges gender norms and advocates for the rights and dignity of intersex individuals. This article explores the vital concepts of breaking binaries and intersex justice in Southern Africa, where cultural nuances and a rapidly developing fierce spirit of activism reshape the landscape of gender diversity and sexuality.

The world is quickly changing, and with it comes an increasing recognition of the importance of diversity and inclusion. In the past, many people have looked at the world in terms of binaries — Black and white, male and female, homosexual and heterosexual. However, this way of thinking is limiting and does not reflect the diversity that exists in our communities. Breaking these binaries and embracing diversity and inclusion is crucial to creating a fair and equitable society by recognizing and protecting all these diversities.

Intersex intersectionality

Intersex justice is a social and human rights movement that advocates for the rights, dignity and well-being of intersex individuals. It is also a political movement making political statements since in the broader context of identity politics and the recognition that vulnerable and marginalized communities have historically been subjected to social, political and legal discrimination. When gender-diverse people dare to express their identities openly (and using the plural term for identity here intentionally because, using the theory of intersectionality, everyone has their own unique identities and experiences), it can be seen as a form of resistance and a statement against the systemic discrimination and oppression they may face.

Intersex people are born with variations in their sex characteristics that do not fit typical definitions of male or female. Intersex people often face stigma, discrimination, medical interventions without informed consent and societal violence. Inclusive binaries and intersex justice are significant issues in Southern Africa, as they intersect with the region’s traditional, cultural, social and legal aspects. In many parts of Southern Africa, intersex persons are often frowned upon, hidden or even believed to be a curse and killed.

As we work on intersex awareness, though annual commemorations such as #IntersexAwarenessDay, there is a solid need to reject stereotypes that lead to discrimination and prejudice. Breaking binaries embraces intersectionality and affirms that people have multiple identities that intersect and interact with one another.

Several Southern African customs have a long-standing relationship with gender and sex, associated with male and female and masculinity and femininity and there is no in-between; males are expected to masculinize, and females are supposed to feminize. The push for inclusive binaries challenges these traditional gender norms and promotes a more inclusive understanding of human diversity.

Gender norms and it has influenced societies

Gender norms have profoundly influenced Southern African societies, shaping cultural, social, and economic dynamics for centuries, and this has also impacted modern gender norms in our communities. Gender norms can be defined “as social principles that govern the behavior of girls, boys, women and men in society and restrict their gender identity into what is considered to be appropriate,” a definition also very limiting and binary based with little consideration and acknowledgement of the diverse gender spectrum. 

Gender norms, a social construct, were often prescribed specific roles and responsibilities for men and women, and we have been inaccurately taught in history, moral education and social studies lessons in schools that in the past, men were traditionally seen as hunters, warriors and providers, while women were responsible for domestic tasks, childcare and subsistence farming. 

These roles have reinforced gender-based inequalities in access to resources and economic opportunities that we experience today in a somewhat progressive modern society. Gender norms typically grant more decision-making power to men, and they often hold leadership positions within the community. This practice continues as men’s voices are prioritized in governance and social development matters, which has resulted in the exclusion of women from participating in important decisions that affect their lives and communities, and this is even worse for gender-diverse persons and they do not satisfy the bias “male” and “female” category. 

The unequal power dynamics enforced by society’s gender norms have contributed to higher levels of gender-based violence. Domestic violence and harmful practices such as child marriage and female genital mutilation have persisted in some Southern African communities due to these norms. Intersex persons have not been spared from genital mutilation as some have undergone “gender reappropriation” surgeries as infants. There is a growing push in advocacy and legislative reform to protect intersex minors from unconsented gender surgeries as this is a choice that should be for them to make. The influence of gender norms has further influenced healthcare service delivery as sexual and reproductive health and rights development have been limited and not inclusive and accessible for intersex persons. This limitation has resulted in a lack of bodily autonomy for intersex people. Being gender-diverse has many excluded intersex people from essential fundamental health services such as family planning and mental well-being.

Another aspect influenced by gender norms is inheritance rights. Many African societies are built in a cisgender patriarchal system, and because of this, inheritance and property rights have been structured in a way that favored male heirs. This has often left women and girls without access to land and resources, making them economically vulnerable and dependent on male relatives.

The result of not conforming and fitting into mainstream male or female gender identity often left intersex persons excluded, facing stigma, discrimination and prejudice from various packets of society. Efforts are being made to raise awareness about intersex issues, promote inclusivity, challenge discrimination and prevent the invisibilization of intersex voices and identities. Intersex justice organizers work to ensure intersex individuals are recognized, respected and provided with the support and care they need while fighting against harmful practices and discrimination.

Efforts and promoting intersex rights and justice in Southern Africa

Promoting intersex rights and justice in Southern Africa has become an increasingly important focus for advocacy and human rights organizations in recent years.

Human rights organizations, such as the Southern Africa Litigation Center, are actively involved in legal advocacy for gender-diverse individuals and work to challenge discriminatory laws and practices, and supporting strategic litigation that promotes the rights of gender minority and gender-diverse people in BotswanaEswatiniLesotho and Zimbabwe. 

Regional organizations such as Iranti and Gender DynamiX advocate and provide training and educational resources to healthcare professionals, religious and cultural leaders, policymakers, and the public. These advocacy initiatives aim to enhance understanding and sensitivity regarding intersex issues and collaborate with other human rights organizations to foster a more inclusive and accepting society.

Legal and policy developments related to intersex rights in Southern Africa have gained momentum in recent years, reflecting a growing recognition of the need to protect the rights of intersex individuals. Additionally, the Protocol to the African Charter on the Rights of Women, a progressive human rights instrument, requires state parties to take specific measures to end violence against women regardless of their sexual orientation or gender identity. Furthermore, the Protocol calls for the ending of genital mutilation and the promotion of bodily autonomy and reproductive health choices of women, including intersex women.

In South Africa, the Promotion of Equality and Prevention of Unfair Discrimination Act as amended in 2005 interprets the definition of “sex” to include intersex persons; therefore, intersex persons are protected from unfair discrimination, harassment and hate speech and promote equality for intersex persons.

In 2014, the African Commission on Human and Peoples’ Rights adopted Resolution 275, which protects against violence and other human rights violations against persons based on their actual or imputed sexual orientation and gender identity. Resolution 275 expresses grave concern about increasing violence and other human rights violations, including murder, rape and assault experienced by sexual and gender minorities. It calls upon states to stop such violence and take appropriate measures to ensure adequate remedies for victims.

Botswana made significant progress in 2017 by recognizing the rights of transgender and intersex individuals to change their legal gender markers on official documents. This ruling by the court was a crucial step towards recognizing the diversity of gender identities and would pave the way for the protection of gender-diverse persons. In many Southern African countries, such as Eswatini, Lesotho and Namibia, intersex persons can legally change their name and sex on birth certificates to suit their preferred gender identity per the national registration acts.

In 2022, the Zimbabwean government adopted two recommendations at the country’s Universal Periodic Review at the Human Rights Council on gender minorities, which were to protect intersex minors from unconsented operations surgeries and violations of bodily integrity and to strengthen efforts to address violence against women, children and all persons based on their sexual orientation and gender identity. Intersex advocacy groups in Zimbabwe have been working to raise awareness and challenge harmful practices. Following the adopted recommendations, there is an expectation to see an increase in dialogue between the government and human rights organizations on protecting intersex people’s rights.

In March this year, the African Commission on Human and Peoples’ Rights adopted Resolution 552, which seeks to promote and protect intersex rights on the African continent. Resolution 552 comes with clear recommendations for states to create administrative and legislative measures to protect intersex persons from violent harassment at home, school, the workplace and in the broader society. It calls on member states to ensure that members of their judiciary, immigration officials, law enforcement officers, healthcare and education practitioners, as well as traditional and religious communities, are sensitized to protect, respect and treat intersex people equally without discrimination or prejudice. It further calls for the recognition and protection of intersex movements and human rights defenders to organize without any threats and that perpetrators are tried and persecuted.

Intersex liberation is our liberation too

The fight for the recognition, protection, and inclusion of intersex people is an ongoing and essential human rights struggle. And while there has been progress, challenges still exist for intersex rights. It is necessary to continue advocating for the full recognition and freedoms of all intersex people, to protect their bodily autonomy and to ensure that they can live their lives with dignity and without discrimination. 

Bradley Fortuin is the LGBTIQ+ Program Officer at the Southern Africa Litigation Center and a social justice activist.

This article is part of advocacy efforts on recommendations to the government of Botswana’s Universal Review of Botswana at the 43rd Human Rights Council. A joint submission Stakeholder Report was submitted by Banana Club,Black Queer DocXBotswana Trans InitiativeLife|Loss|Love, Mmammati Human Rights Hub, Iranti, the Southern Africa Litigation Center and the Sexual Rights Initiative.

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Eswatini

The emperor has no clothes: how rhetoric fuels repression in Eswatini

King Mswati III’s anti-LGBTQ comments can have deadly consequences

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King Mswati III (Screen capture via Eswatini TV/YouTube)

In an absolute monarchy, the words spoken by the sovereign can swiftly become a baton striking a citizen. When King Mswati III speaks, his words do not simply drift into the air as political “opinion”; they often quickly turn into, sometimes violently, state policy. This reflects the reality of Eswatini, where the right to freedom of expression, including the right to hold dissenting political views, is increasingly being systematically eroded by the very voice that claims to uphold “traditional values.”

To understand the current crisis facing the LGBTIQ+ community in Eswatini, one must view it through the lens of a broader strategy: the weaponization of culture to justify the erosion of democratic institutions, the rule of law, and human rights protections. As observed across Africa, from the streets of Harare and Dar es Salaam to the parliamentary courtrooms of Dakar and Kampala, African leaders are increasingly using the marginalised as an entry point to dismantle civil society. In Eswatini, this strategy has manifest its most brutal expression in the king’s recent harmful rhetoric concerning sexual orientation and gender identity.

The danger of the king’s words lies in how the state apparatus interprets them as a divine mandate for persecution. Recently, we have seen this “Rhetoric-to-Policy Pipeline” operate with chilling efficiency. Shortly after the Minister of Education made public vitriol against the existence of LGBTIQ+ students, reports emerged of children being expelled from schools. In a country where the king is culturally and traditionally called the “ingwenyama” (the lion), the bureaucracy acts as his pride; when leadership suggests that a particular group is “un-African” or “deviant,” the machinery of the state, along with the emboldened segments of the public, moves to purge that group from society.

For an openly gay man who has dedicated most of his adulthood to advancing equality and dignity for all, especially marginalized communities, these are not merely policy changes; they pose existential threats. When a powerful leader speaks, they offer a moral shield for the dogmatist and a legal roadmap for the policeman. In Eswatini, where political parties are banned, and the “tinkhundla” system (constituency-based system) — a system that systematically silences dissent and favors those aligned with the sovereign — is celebrated as the sole “authentic” form of governance, any identity that falls outside the narrow, state-defined “tradition” is seen as treason. By branding LGBTIQ+ rights as “ungodly” and essentially unwelcome in Eswatini, the monarchy effectively views the mere existence of queer Swazis as a subversive act against the crown.

The most harrowing example of this pattern is the assassination of human rights lawyer Thulani Maseko in January 2023. Maseko’s murder did not happen in isolation. It followed a period of heated rhetoric directed at those calling for democratic reforms. The king had publicly warned those demanding change that they would face consequences. On the evening after the king had said, “[t]hese people started the violence first, but when the state institutes a crackdown on them for their actions, they make a lot of noise blaming King Mswati for bringing in mercenaries,” Maseko was shot dead at his home in front of his family.

The parallel here is unmistakable. When the king targets the LGBTIQ+ community with his words, he is aiming at the most vulnerable. If a world-renowned human rights lawyer can be silenced following royal condemnation, what chance does a queer youth in a rural area stand when the king’s words reach the local chief or school head? This is what I call “Chaos as Governance”: a state where the law is replaced by the monarch’s whims, leaving the population in a constant cycle of managed chaos that renders collective opposition nearly impossible. Despite strong condemnation from the organization I founded, Eswatini Sexual and Gender Minorities (ESGM), recent reports already suggest growing support for the rhetoric shared by the king, indicating treacherous weeks and months ahead for ordinary queer people in Eswatini.  

The monarchy’s defense of these actions is almost always based on “African tradition.” As Mswati has shown, the ban on political parties and the suppression of minority rights are framed as a return to indigenous governance, the “tinkhundla” system. But we must ask: whose culture is being defended? Is it a culture that historically valued communal care and diverse social roles, or is it a modern, imported authoritarianism cloaked in the robes of the ancestors?

When he uses his platform at the “sibaya” (traditional gathering) to alienate a segment of his own people, he is not engaging in dialogue; he is delivering a monologue of exclusion. This weaponized version of culture serves a dual purpose. First, it offers a “neocolonial” defense against international criticism, portraying human rights as a foreign threat. Second, it creates an internal enemy, the “terrorist” political dissident or the “immoral” LGBTIQ+ person, to distract from the fact that nearly two-thirds of the population live below the poverty line. In contrast, the royal family resides in obscene luxury, acquiring fleets of expensive vehicles.

The silence of Eswatini’s neighbors worsens its situation. The Southern African Development Community (SADC), a regional organization ostensibly committed to democracy and human rights, has repeatedly allowed Mswati to evade accountability. By agreeing to remove Eswatini from the Organ Troika agenda at the king’s request in 2024, SADC sent a message to every authoritarian in the region. If you conceal your repression behind the guise of tradition, we will not intervene.

The call for freedom of expression, including LGBTIQ+ rights, is a fundamental human right vital for safety and dignity. It demands that a child should not be expelled from school because of who they are. It insists that a lawyer should not be murdered for expressing their beliefs. It states that a king’s word should not be a death sentence. We must resist the “politics of distraction” that portrays the fight for minority rights as separate from the fight for democratic reform. The dissolution of political parties in Burkina Faso, the attack on lawyers in Zimbabwe, and the criminalization of advocacy in Senegal, Tanzania, and Uganda are all parts of the same pattern. They reflect a leadership class that fears its own people.

It is time for the African Union and SADC to decide whether to uphold the ideals of their lofty charters or to prioritize political convenience across Africa. For the people of Eswatini, improving livelihoods and human development can only occur when the king’s words are limited by a constitution that protects every citizen, regardless of whom they love or how they pray. Until then, the chaos is not a failure; it is the purpose. The monarch’s word may be law today, but the universal right to dignity is the only law that will endure. We must demand an Eswatini, and by extension, an Africa that seeks to improve the lives of its people, and where the “lion” protects all his people, rather than hunting those he deems “unworthy” of the shade.

Melusi Simelane is the founder and board chair of Eswatini Sexual and Gender Minorities. He is also the Civic Rights Program Manager for the Southern Africa Litigation Center.

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Opinions

ROSENSTEIN: Vote McDuffie for mayor of D.C.

A pledge to fight antisemitism, Islamophobia, homophobia

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Former D.C. Council member Kenyan McDuffie speaks at the 50th anniversary celebration of the Capital Stonewall Democrats on March 20. (Washington Blade file photo by Michael Key)

Kenyan McDuffie is the right person to lead our city forward in these difficult times. We are different from other cities, and Kenyan understands that. We don’t have a state to bail us out, and we don’t control all our own destiny. We are 700,000 strong, who don’t have a vote in Congress, don’t control our courts, or our national guard. We have Home Rule, but it’s not absolute. Congress kept the right to review our legislation and budget. 

Recently, we found out how destructive that is. So, we need a mayor who will fight for our rights, all of our rights. The rights of immigrants, Latinos, the LGBTQ community, Black residents, women, Asians; all whose rights may still be at risk. Kenyan will fight for full statehood but understands the tightrope the D.C. mayor must walk to keep us from losing more control. 

McDuffie said, “leadership is measured by delivering results, not rhetoric.”  From his days as a union mail carrier, serving D.C. neighborhoods door-to-door, to his work as a civil rights attorney in President Obama’s Department of Justice, to his service as a citywide lawmaker, he has approached every challenge with the same values: stand up for working people, fix broken systems, and demand accountability from those in power. 

As he has committed to, “focusing on delivering what matters most to D.C. families: lowering the cost of living, expanding opportunity in every ward, and strengthening public safety with a government that answers to all D.C.” Kenyan believes every resident deserves to live in a safe and affordable home recognizing housing remains one of the largest costs for D.C. families. On the Council he authored laws expanding the supply of affordable housing, helped direct hundreds of millions of dollars to preserve and build more affordable homes across the city. As mayor he is committed to expanded home purchase and down payment assistance programs for first-time homebuyers, and District employees. Providing additional resources for housing providers to preserve and expand existing affordable housing stock, while overseeing the responsible use of taxpayer dollars dedicated to building more. He is committed to creating more family-sized units in affordable housing developments to prevent displacement of longtime residents and ensuring families of all sizes have access to safe, affordable, homes. He will streamline the process for regulatory approvals prioritizing growth, and modernize zoning to increase supply, and lower per-unit construction costs.

Kenyan is committed to expanding access to childcare and early learning, recognizing D.C. families face the highest childcare costs in the nation. He understands affordability begins at birth, which is why he helped secure funding for birth-to-three, and early learning providers. He knows strong early childhood systems support both parents’ workforce participation, and children’s long-term success. As mayor, Kenyan will expand the Local Child Tax Credit to help families cover childcare costs. He will provide incentives to employers to help expand their employees’ childcare benefits, and repurpose District-owned space, to reduce providers’ costs and expand subsidized care in neighborhoods that have been historically underserved and neglected. He supports more mixed-use project development incorporating family amenities, including childcare centers. He will secure updated zoning to allow more high-quality home-based and neighborhood childcare options. Kenyan will work to provide more District-supported early learning, and out-of-school-time programs. Programs that will consider working family schedules, including non-traditional hours.

Kenyan has always supported strong public traditional and charter schools, both essential to our children’s success, and to a thriving, inclusive, D.C. economy. He secured millions each year for school and recreation center modernizations, nonprofit youth sports programs, and ensured our children are able to have safe passage to and from school and recreational activities. He supports Career and Technical Education (CTE) programs, which better align with workforce needs, industry demand, and good-paying career opportunities. He will expand access to these programs for students in every ward. As mayor, Kenyan is committed to expanding access to reliable out-of-school-time programming across all wards, strengthening literacy, classroom quality, and responsible technology integration in vocational training, CTE programs, and career academies for high-demand sector jobs. He is committed to programs to reduce chronic absenteeism with measurable public dashboards, and full access for children who need appropriate special education, mental health, and school health services. He believes while preparing students for college, schools must also help them prepare for good-paying careers should they choose not to go to college. Kenyan understands all this must happen if we are to close the large racial wealth gap in our city.  

Kenyan understands how dependent our city is on its “Arts, Culture, Nightlife, Sports, and Entertainment Economy” and will work to reinvigorate all of those sectors, making sure our residents are fully prepared for jobs in each of them.

Kenyan McDuffie is best able to defend Home Rule and shield residents from harmful federal overreach. As a Council member, he always stood strong for civil rights and local autonomy. He understands how Donald Trump and the Republican Congress, have repeatedly interfered in our self-governance. As a former prosecutor, and civil rights trial attorney, Kenyan is ready to fight for all D.C. and has said he will make clear on Day One: “Enough is Enough.” He understands how to do this without putting us in more jeopardy.  He has said he will issue a day-one directive ending MPD cooperation with ICE. He will make sure there is a civil right-to-counsel protection program for immigrant families. He will bolster the Mayor’s Office of Legal Counsel for constitutional challenges, working closely with the District’s Attorney General. He will strengthen the mayor’s office with regard to federal advocacy efforts, to fight for statehood. Until we win that fight Kenyan will work to expand legislative and budget autonomy and defend home rule. Kenyan has authored pioneering laws that reformed D.C.’s juvenile justice system, created a public health framework for violence prevention and intervention, and improved police accountability. His record demonstrates accountability and opportunity go hand in hand. He will work to right-size MPD through smart recruitment, home purchase assistance, and he will invest in community safety programs. He will expand the cadet program to build a pipeline of D.C. residents who want to go into law enforcement. He will work to modernize the 911 and 311 systems for faster response and transparency. And he will add more neighborhood-based prevention pilots to take an “All hands-on deck” approach to crime. 

For all these reasons and more, I support Kenyan McDuffie. One of those more, is his response to the growing antisemitism, Islamophobia, transphobia, and homophobia, in the country. Kenyan said, “Leadership matters in moments like this. As your next mayor, I will bring people together across all lines of difference. I will engage with every community in this city, especially when it is not easy, or politically convenient. Washington must be a city where every resident — regardless of faith, race, gender, or identity — feels safe, respected, and heard.” That is the kind of city I want Washington, D.C. to be, and why I urge everyone to cast their vote for Kenyan McDuffie for Mayor.


Peter Rosenstein is a longtime LGBTQ rights and Democratic Party activist.

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Cuba

Cuba under pressure and without answers

Cubans talk about survival, not geopolitics

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A Pride flag hangs above Havana's oceanfront avenue in 2018. Cubans are struggling to meet their basic needs amid growing tensions between the U.S. and their government. (Washington Blade photo by Michael Key)

Tensions between the U.S. and Cuba are rising again. This is not new, but the current moment feels different. Recent measures from Washington aim to further restrict the Cuban government’s financial channels, limit its sources of revenue, and apply pressure to key sectors of the economy. This is not symbolic. It is a deliberate policy.

From the U.S. perspective, the message is clear. The goal is to force change that has not happened in more than six decades. There is also a domestic political dimension, shaped by sectors of the Cuban exile community that have long demanded a tougher stance. All of this is part of the landscape.

But that is only one side.

On the Cuban side, the response follows a familiar script. The government speaks of external aggression, economic warfare, and a tightening embargo. Each new measure becomes an opportunity to reinforce that narrative and close ranks. There is no room for public self-criticism. The blame always points outward.

Meanwhile, life on the island follows a different logic.

The energy crisis Cuba is facing today did not begin with these recent measures. It has been building for years. The electrical system is deteriorated, poorly maintained, and increasingly unreliable. Blackouts are not new. What has changed is how severe and how constant they have become.

For years, oil entered Cuba, especially from Venezuela. There were supply agreements. There were resources. And yet, the daily life of ordinary Cubans did not improve. Electricity remained unstable. Fuel was rationed. Transportation was still a daily struggle.

So the question is not new.

If the oil was there, why didn’t anything change?

Where did those resources go?

Where is the money that was generated?

Today, restrictions on oil are often presented as the main cause of the current crisis. They are not. They make an already fragile situation worse, but they do not fully explain it.

There is a deeper, longer story that cannot be ignored.

The same applies to Cuba’s international medical missions.

For years, they were presented as acts of solidarity. And in many cases, they were. Cuban doctors worked in difficult conditions, saving lives and supporting health systems abroad. That is real.

But they also functioned as one of the Cuban state’s main sources of income.

Many of these professionals did not receive the full salary for their work. A significant portion was retained by the government. In some cases, they had little or no control over the money they generated.

And there is a harsher reality.

If a doctor chose not to return to Cuba, that income often did not reach their family. It was withheld.

Today, several countries are reevaluating or canceling these agreements. Once again, the official response is to point outward. But the same question remains.

Is this the loss of international cooperation, or the collapse of a system built on control over its own professionals?

Inside Cuba, the conversation sounds very different.

People are not speaking in geopolitical terms. They are talking about survival. About getting through the day. About blackouts, food shortages, transportation problems, and a life that keeps getting harder.

Some see the new U.S. measures as a form of pressure that could lead to change. Not because they want more hardship, but because they feel the system does not change on its own. There is a deep sense of stagnation.

But that sense of expectation exists alongside a harsh reality.

Sanctions do not hit decision-makers first. They hit ordinary people. The ones standing in line. The ones losing food during power outages. The ones who cannot move because there is no fuel.

That is the contradiction.

The Cuban government calls for international solidarity. And it receives it. Countries send aid. Organizations mobilize. Public voices defend the island.

But another question is also present.

Does that aid actually reach the people?

The lack of transparency in how resources are distributed is part of the problem. Because this is not only about what enters the country, but about what actually reaches those who need it.

Reducing Cuba’s reality to a dispute between two governments avoids the core issue.

There are shared responsibilities, but they are not equal.

The U.S. exerts external pressure with real economic consequences. That cannot be denied. But inside Cuba, there is a system that has had decades to reform, to respond, to open, and it has not done so.

That part cannot continue to be ignored.

I write this as a Cuban. From what I lived. From what I know. From the people who are still there trying to make it through each day.

Because at the end of the day, beyond what governments say or decide, the reality is something else.

Cuba today is under more pressure, yes. But it has also spent years carrying problems that no one has seriously confronted.

And as long as that remains the case, it does not matter what comes from outside. The problem is still inside.

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