14ymedio, Reinaldo Escobar, Havana, January 10, 2019 — A close reading of the final version of the new Constitution of the Republic, which will be submitted to a referendum on February 24, allows the conclusion that none of the 760 changes made by the drafting commission does anything to alter the negative opinion that was held of the draft.
Perhaps the best example was the change suffered by Article 5 and not just because of the return of the concept of communism that generated so much discussion, but the mocking introduction of the conjunction “and” to substitute the hyphen in the word “Marxist-Leninist.” According to the explanation, “in the opinion of various academics it was a formulation with a Stalinist tinge.”
In second place is the balancing act performed to make the controversial Article 68 disappear and in its place introduce similar precepts in Article 82. The celebration that the most conservative anticipated for the supposed victory was frustrated upon realizing that the door that would open the path to marriage equality had only changed places.
However, for the LGBT community the new article also has a bittersweet flavor since it sets a period of up to two years to define who can get married. This postponement evidently seeks to prevent a negative vote in the referendum from those opposed to these unions.
Another change that has passed unnoticed is that regarding legal rights (Article 49), which previously indicated that “no person can be obligated to testify against himself, his spouse, or relatives up to the fourth degree of consanguinity and second of affinity,” while now (Article 95) “common-law partner” is included.
In Article 95 itself the order is expressed that in a penal process, persons can have access to “legal assistance from the beginning of the process.” This has perhaps been one of the most-exhibited aspects as a demonstration of the respect toward rights in the future, but it shows the lack of due-process guarantees from which numerous citizens have suffered since that precept was eliminated.
It would be worthwhile to do a study of the ups and downs that the concept of “concentration of ownership” has been subjected to. Since its appearance in the guidelines of the VI Congress, passing through what was added in the VII Congress’s version and later in the Conceptualization of the Model project, the topic arrived at the final version of the Constitution rather decaffeinated.
Article 22 of the draft said: “The State regulates that no concentration of ownership exists in legal persons or non-state entities, in order to preserve the limits compatible with the socialist values of equity and social justice.”
In the new version Article 30 says this: “The concentration of ownership in legal persons or non-state entities is regulated by the State, which additionally guarantees a more and more just redistribution of wealth in order to preserve the limits…”
Having maintained the concept of the irrevocability of the socialist system and the position of the only Party as the ruling political force justifies the assessment that the main thing that should have changed has not changed.
With the validity of those two pillars any attempt to compare the draft submitted to debate with the final version approved by Parliament is a true waste of time, even when one has the noble intent of itemizing the details that can be considered positive to contrast them with the negative. In addition to a sterile exercise it can be considered a pernicious habit.
The truly useful thing seems to be using space, energy, and talent to find a way to prevent the definitive insitutionalization of the dictatorship. There remains little time and it’s necessary to hurry up and settle on a consensus so that Cubans don’t suffer the same fate as the unsuspecting rabbits from the fable, who wasted their precious opportunity to save themselves debating over the breed of the hunting dogs drawing near.
Translated by: Sheilagh Carey
The 14ymedio team is committed to serious journalism that reflects the reality of deep Cuba. Thank you for joining us on this long road. We invite you to continue supporting us, but this time by becoming a member of 14ymedio. Together we can continue to transform journalism in Cuba.