Report on Citizenship Law: Cuba
contribute to the protection of water, the atmosphere, the conservation of the soil, flora, fauna
and all the rich potential of nature” (Article 27), among others.
On the other hand, citizenship rights are limited by residence in the country. The
Electoral Law of 1992 regulated that domicile in Cuba constitutes the qualifying condition for
the exercise of political rights. Active suffrage requires “being a resident in the country for a
period of no less than two years before the elections ...” (Article 6, paragraph b). And the right
to passive suffrage requires being “permanent residents in the country for a period of no less
than five years before the elections ...” (Article 8)24.
The concept of participation used in the official discourse also appeals to
“mobilisation”, citizen participation in social and mass organisations, and emphasises
participation in expanded social spheres and not only in the System of Organs of Popular
Power (the Cuban state system). For example, according to Abel Prieto, current Minister of
Culture: “[m]y work in front of the Ministry of Culture [...] is subject to permanent discussion
with civil society. The Congress of Pioneers is celebrated and I receive what the children say
about cultural policy. [...] I was in an Assembly of Writers of the UNEAC [...]. There we
analyse things from copyright rates to the enriching role that the critique of revolutionary and
committed intellectuals can have. I also attended the FEU Congress. Our enemies will say
that this is the official, manipulated civil society, but these ‘instruments of the regime’, as
they call them, require me to explain things, and very important rectifications have taken
place” (Prieto 2008, p.331).
Critiques of the way in which civil and political rights are recognised point to their
“conditionality”, which subordinates their exercise to the framework of officially recognised
social and political organisations, and to the framework established “in the law” —when in a
significant amount of cases such law does not exist. This refers to a number of political rights
not as rights —but “liberties”—, and that confuses rights with guarantees. For this reason, the
current constitutional order has been questioned, from both liberal and Marxist and neoMarxist perspectives, for refusing the notion of natural rights —which must belong to “man
and the citizen”— and for not habilitating space for conflict as key in the elaboration of
politics (Rojas 2012). In this line, the constitutional reform of 1992, which introduced the
right of resistance, exercisable against “anyone who attempts to overthrow the political, social
and economic order” established by it, does not recognize the right to strike. According to
Marta Prieto: “rights that, seen from a present perspective could well have a civil character
such as freedom of speech or press, and even socioeconomic, such as the right of association,
in 1976 were restricted to their political expression” (Prieto Valdés 2016, page 180).
The above expresses a political content: the condition of “citizens” —as the main
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Since the 1960s, “definitive” migrant also saw the possession of their civil rights affected, a situation that
changed after 2012. Correa Álvarez wrote: “In the order of civil rights, the Cuban immigration reform of 2012
eliminated previous regulations that limited the right of property over movable and immovable property. DecreeLaw 302 of 2012 (published in the Ordinary Official Gazette No. 44 of October 16, 2012) directly repealed Law
No. 989 of December 1961, which provided for ‘nationalisation through confiscation in favour of the Cuban
State of the goods, rights and actions of those who are absent from the country”. Previously, modifications had
been made to the General Housing Law, through Decree-Law 288 of 2011 -published in Official Gazette
Extraordinary No. 35 of November 2, 2011” (Correa Álvarez). With the new regulation, the “Cuban citizen
residing abroad” -unlike the “emigrated Cuban citizen”, according to the terms of DL 302/2002- preserves his or
her civil rights in Cuba. To keep such a condition, you must enter the country at least once every 24 months.
According to this norm (Article 9.2): “It is considered that a Cuban citizen has emigrated, when he travels
abroad for particular matters and remains there uninterrupted for a term exceeding 24 months, without the
corresponding authorisation; as well as when they are domiciled abroad without complying with current
immigration regulations”.
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RSCAS/GLOBALCIT-CR 2020/3- © 2020 Author(s)