Sandy Olivera is a young Cuban who, two years ago, emigrated as a political refugee to the United States. His girlfriend remained on this side of the sea. A week ago, he returned to Cuba to marry her.
The formalization of the marriage took place in the Specialized Notary at 23rd and J, in Vedado, Plaza de la Revolución District, in Havana. To marry, as mandated by law, he had to pay 525 CUC and 100 national currency in stamps. To make matters worse the notary, without blinking, asked for a gift of 5 CUC.
The Cuban government treated Sandy as if he were a foreigner. Has residing in the United States become one of the legally established reasons for losing Cuban citizenship?
The Constitution of the Republic states that when a person acquires foreign citizenship, Cuban citizenship will be lost. It further declares that the law establishes the procedure for the formalization of the loss of citizenship and the authorities who will decide.
This means that the fact of acquiring other citizenship does not by itself imply the loss of Cuban citizenship. For this to happen, the government authorities have to decide. In fact, Cubans with U.S. citizenship must enter the island with a Cuban passport. That is, as citizens of the socialist state.
In practice there is dual citizenship. What happens is that the government recognizes only the Cuban citizenship, ignoring that newly acquired. That is not Sandy’s case. He has not taken any steps to become a U.S. citizen, and therefore has not lost his status as a Cuban citizen.
As evidenced by the fact that he paid 220 CUC for permission to enter the country, as decided by the Cuban authorities. He entered Cuba as a Cuban citizen, yet within the island, he had to pay for services received in freely convertible currency as if he were a foreigner.
This is the “rule of law” so defended by the Cuban Foreign Minister Bruno Rodriguez. A State that, in Article 41 of its Magna Carta recognizes that “all citizens enjoy equal rights and are subject to equal duties,” but that discriminates against those living in other parts of the world.
Cubans living abroad are not foreigners. It is understood that the “socialist state subsidizes the services that the population receives” and that those living abroad have greater purchasing power than those living on the island. But the factual situations do not justify the government violating constitutional rights.
Translated by: Tomás A.