Revering the Law or Throwing Stones At It? / Jorge Hojas Punales #Cuba


For those of us who comb our grey hair, or those who now haven’t any hair to comb, the French utopia dealing with attempted social change, in the context of that society, was an unreachable goal, notwithstanding the fact that it served as a program. And on a daily basis we see that as regards our own society, and in particular its future, it has transformed into a mirage; it is as if our goals, dreams and hopes, were on the horizon, that line which we can never reach.

How far away we are from being able to say with enthusiasm and credibility that in our society the law is respected, complied with and obeyed by all the bodies which make up our society.

We would like to prepare all the information possible, in order that people may have a sense of all the rules, orders and legal regulations which have been published in the Republic of Cuba’s Official Gazette, produced by the Ministry of Justice in more than 50 years.

Almost every day the Organisations of the Central Administration of State (OACE) publish regulations, and, not at the same frequency, laws, decrees, and legal decrees are put out in relation to the National Assembly of Popular Power (ANPP), the Council of State (CE) and the Council of Ministries.

To preach the law with due respect and devotion, it should not be necessary to undertake actions against those who flagrantly break or violate it, or with impunity fail to observe it. For example, it is sad to see them demolish a building because its construction was illegal. Why does that happen? Simply because of the total lack of respect for the law, both on the part of the person carrying out the work and also the person who has benefitted from the failure to observe it, both private individuals and companies.

What role is performed or should be performed by the lawyer or advocate in the OACE, an organisation, a company or association? As far as we are concerned his main role is founded on the preaching of respect for all current legislation, ensuring his behavior adheres to and complies with it, which is almost impossible to do, given that his boss’s wishes take precedence; he can’t act as consultant or advisor, because at best he is not listened to and at worst he is kicked out for going against his superior’s  decisions.

Everything that we have described, merits a special illustrative space showing how the laws are violated or infringed, which according to us (all of us) we approve. There is an old saying: “killed himself like Chacumbele”. Are we (all) Chacumbele?

January 13 2013