Report on Citizenship Law: Cuba
practices of Cuban Afro-descendants linked to the Independent Party of Colour in 1912 (Lorie
Tapia 2014). René Fidel Gonzalez, Julio Antonio Fernández Estrada and Julio César Guanche
have explicitly linked citizenship as status and as practice from within republican theory
(González García, René Fidel 2004), (Fernández Estrada, Julio Antonio 2017), (Guanche
2013). From other disciplines, such as sociology or history, the issue is also dealt with that
also explicitly work with, or argue against, the republican approach (Ferrer 1995), (Andry
Matilla (coord.) 2009), (Núñez Vega 2002), (Rojas 1997), (Torres Santana 2016).
2. Citizenship in the thought of Independence
The constitutional thinking behind Cuban nationalism is based on four constitutional texts.
These constitute the legal order of the republic in arms, applicable to the territory liberated
from Spanish colonialism and to the insurgent domain. In this context, we cannot study
citizenship in its modern sense, because there is no national state in the sense of a politically
self-governed civic community.
Notwithstanding, the mention of these texts mention is useful in order to analyse how
independentist thought conceived the republic and citizenship, and to compare it to the way in
which the ideal of citizenship was consolidated after the independent republic was created
(1902). It is an entrance point to analyse how the national republican framework included,
limited or excluded individuals in the context of independence.
In fact, the “formation of Cuban citizenship” in the sense of civic practice, not of
status —citizenship took place in relation to the metropolis— was not born, nor was it
subsumed, in the practice and ideal of independence. In 1812, the issue of the representation
of creoles in the Court of Cádiz was part of a process of demands differentiated from
peninsular representation. Later, the establishment of political parties — Reformist and
Autonomist— expressed a “modern public moral within Cuban society that could stimulate
pressure —from bellow— for the acquisition of citizenship rights” (Bobes 1996, p. 204).
The independentist ideal chose the active side of citizenship. First, it was based on an
independent republic, characterized by a self-governed political community, with duties
regarding the maintenance of such community, regulated by Law. Second, it sought to
develop into a social republic, a civic community of equals, with the abolition of slavery and
the distribution of the right to property. For José Martí, the “role of man in the rescue and
maintenance of his dignity: those are the duties, and the attempts, of the revolution. She will
be governed so that the war, thriving and capable, gives soon a firm home for the new
republic” (Collazo 1900, p. 112). For the enemies of independence, there were “enigmatic
declarations, the calculated obscurantism of which was easily explained by the difficulty of
clearly explaining their purpose” (La insurrección de Cuba ante los Estados Unidos 1895,
pp. 55–56). However, it is not difficult to uncover how the meaning of the Martí’s phrase had
a translation within independentist constitutionalism.
The constitution of Guáimaro (1869) —reformed seven times— fully expressed the
democratic republican ideal5. First, it treated citizenship as a status as well as a civic practice
(a duty towards the republic): “All the citizens of the Republic are considered soldiers of the
liberating army”, (art. 25); at the same time, such status granted rights over the control of
5
The cited constitutions and laws, unless otherwise indicated, appear in (Barreras 1940). As has already been
written, the mambisian constitutions analysed (Guáimaro, Baraguá, Jimaguayú and La Yaya) were
conceptualised for the republic in arms, during the war of Independence, without Cuba being and independent
state during that time.
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RSCAS/GLOBALCIT-CR 2020/3- © 2020 Author(s)