Julio César Guanche
macrocephaly of Havana as the capital and the forced rural proletarianisation of large portions
of the population. “Caciquismo” as a political relationship was structured on the basis of the
concentration of property, the polarisation of income and the rural proletarianisation of the
population. The fundamental political concept with which it operated was the exchange of
favours for loyalty, a dynamic opposed to that of citizenship, focused, at least, on the
exchange of duties and rights within a political community.
Within the framework of liberal constitutionalism, the constitutional body of 1901
defended the secularity of the state, with the separation of the state and the church, religious
freedom, freedom to profess all religions, and the prohibition for the State to fund any cult.
Although its text still retained the mention of “in favour of God” and the limitation of the
“respect due to Christian morality and public order” 13. However, in the field of social rights,
it regulated very little content, which was nonetheless fought: the compulsory and free nature
of primary education and arts and crafts. Both were left to the State, and experienced
advances with respect to their previous histories. The state was also in charge of second and
higher education (if the municipalities or the provinces could not sustain them), and freedom
of teaching and learning was recognised, although the State reserved the right to demand
special degrees —and their expedition— for the management of some professions. The
absence of social rights and the provision of public services and resources pressured
citizenship downward, to the point of reducing it to the sole condition of a status for immense
social majorities.
From the point of view of citizenship as a status, the Magna Carta of 1901 established
that citizenship could be acquired by birth or naturalisation. The first case comprised those
born inside or outside the territory of the Republic to Cuban parents; those born on the
territory of the Republic to foreign parents, if they claimed their status as Cubans in the
corresponding Registry, upon reaching maturity; and those born abroad to Cuban parents
who had lost their Cuban nationality with the same requirements of majority of age and
registration. Foreigners who had belonged to the Liberation Army and who claimed Cuban
nationality in the six months following the promulgation of the constitution were naturalised;
as well as foreigners who, established their domicile in Cuba before the 1st of January, 1899,;
foreigners who, after five years of residence on the territory of the Republic —and within no
less than two since they declared their intention of acquiring Cuban citizenship— obtained a
naturalisation card; the Spaniards residing on Cuban territory on the 11th of April 1899, who
had not registered as Spanish in the corresponding Registries until the same month and day of
1900; Africans who had been enslaved in Cuba, and emancipated included in Article 13 of the
Treaty between Spain and England of the 28th of June.
Cuban nationality was lost in the following cases: when a foreign citizenship was
acquired, or following employment by or honours from another government without the
consent of the Senate; taking arms with a foreign nation without the same consent, in the case
of naturalised Cubans, for living five consecutive years in their country of birth, unless for
reasons of employment or commission on behalf of the government of the Republic.
Voluntary renunciation of citizenship was possible, too, and the law also provided for
13
It is not until the 1930s that “afro-Cuban” beliefs begin to be considered by some as “religions”, with the
privilege this granted to the exclusivist dimension of “white” nationalism. However, the Constituent Convention
of 1939-40, in discussing what morality could be demanded from the citizenry, “Cristian morality” as a synonym
of “public morality” continued to prosper. Within this logic, for the vast majority of conveners there was no
doubt about the “universality” of Christian morality. The only “religions” that were mentioned in the debate
were (sic) “Spiritism” and “masonry” (Diario de Sesiones de la Convención Constituyente. Vol. II. No. 62.
31.05.1940, 25-39).
RSCAS/GLOBALCIT-CR 2020/3 - © 2020 Author(s)
9