Julio César Guanche
because a rigorous criterion of selectivity is applied29. For example, the Law of January 18th,
1961, amending provisions for the grant of Cuban citizenship contained in the Fundamental
Law of 1959, stipulates that the “foreign citizen of a nation of America in which exceptional
conditions concur recognised by express agreement of the Council of Ministers”. In this way,
Cuban citizenship was granted in an “exceptional” manner to the Puerto Ricans Laura
Meneses de Albizu Campos and Juan Juarbe y Juarbe in 1961.
The Constitution does not make a distinction between nationals and naturalised
regarding the equality of citizens, but the regular practice has been to grant “settled”
foreigners permanent residence and not citizenship. The latter grants them the same rights as
Cuban citizens, except political rights. To acquire residence, the requirements of Decree 358
of 1944 are taken into account: Foreigners who after five years of continuous residence in the
territory of the Republic, and no less than one of not having declared their intention to acquire
Cuban citizenship, obtain the citizenship card according to the law, provided they know the
Spanish language (Article 8 a), and the foreign man who marries a Cuban women, and the
foreign woman who does so with a Cuban man, when they have a child of that union or they
have two years of continuous residence in the country after marriage (Article 8 b). With
permanent residence foreigners retain their citizenship of origin, and, if they fail to meet the
requirements, they may lose permanent residency. Neither marriage nor its dissolution affect
the citizenship of the other spouse or the children. (Constitution, Article 31).
6.2. Loss of citizenship
(Constitution, art. 32)
Automatic renunciation is not accepted. An administrative decision of the competent authority
is required by ministerial resolution, dictated on a discretionary basis. Only in this case is a
change of citizenship is admitted.
The causes of loss of citizenship established in the 1976 Constitution had a prior
tradition in the following cases: acquiring a foreign citizenship; serving another nation in
military functions or in the performance of positions that carry authority or jurisdiction —now
“without permission of the Government” instead of “without permission of the Senate” as in
1940, since the 1976 text established a unicameral parliament; those who in any foreign
territory conspire or act “against the people of Cuba and its socialist and revolutionary
29
The need to grant citizenship by naturalisation was justified as follows in 1982: “To have a vision of the
importance of this activity, it is good to point out that there are several thousand foreigners in our country, most
of whom have a permanent residence and settled here several decades ago. We must not forget as factors that
lead to this situation that the liberation of our country from the Spanish yoke did not mean at any time an exodus
of the peninsulars, to the contrary, the affective and family ties between them and their descendants and other
relatives were always very close, as well as different reasons in Spanish national life, a considerable migratory
flow continued moving towards our country even after independence. On the other hand, during the years of the
pseudo-republic, the need for cheap labour to work in our sugar harvests also gave rise to a considerable
contingent, mainly from the area of Latin America and the Caribbean, which over time have become permanent
residents. Similar examples can be put with Chinese immigration, which was during the colony and the pseudorepublic a considerable injection for our population. We cannot ignore either that the political and social
conditions created by the Revolution also attracted our country to a number of citizens of other countries such as
Latin Americans persecuted by their governments, European technicians attracted by the collaboration with our
country, etc., many of which over time have formed families and have settled permanently in our Homeland”.
(Faife León 1982, p. 45)
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