A government spokesperson explains the advantages of the new Migration Law regarding property ownership for overseas residents
14ymedio, Madrid, 27 June 2024 — Doubts have been raised in Cuba since the preliminary draft bills of the Migration, Immigration and Citizenship laws were published last week. Not yet passed in the National Assembly and the subsequent regulations that specify more specific issues, the Cuban authorities were under the scrutiny of international media on Wednesday, before whom they clarified issues such as putting an end to the loss of property.
“No one loses their home, no one loses their car, no one loses their property due to being residents abroad. That is not what the law says and we ratify that no one loses it. In that we are categorical,” said First Colonel Mario Méndez Mayedo, head of the Identification and Immigration Office of the Ministry of the Interior.
The future Migration Law, published on June 17, indicates that Cubans residing abroad will retain their rights as Cuban citizens – as long as they do not renounce their nationality – from which it followed that they would not lose their properties, as until now, if they had been out of the country for more than 24 months without returning.
Some people had expressed their doubts regarding, for example, real estate, for allegedly contradicting the current Housing Law, but yesterday Menéndez wanted to settle the matter. “All persons maintaining their residency in the country since 2013, although they also live abroad, are favored by this law and do not lose any property rights,” he insisted.
“All persons maintaining their residency in the country since 2013, although they also live abroad, are favored by this law and do not lose any property rights”
This meeting, aimed at explaining the regulations expected to be implemented in 2025 after their approval next July – during the National Assembly of People’s Power session- also addressed an issue that has caused heated reactions in recent days: the deprivation of Cuban nationality. The law grants the President of the Republic and the Minister of the Interior the authority in matters of citizenship, making them competent to resolve the administrative cases regarding its acquisition, loss, deprivation, renunciation and recovery.
That attribution had generated among public opinion the perception that both are empowered to arbitrarily withdraw citizenship status, something that, on paper, is not the case. Both are ultimately responsible for a case initiated by the Prosecutor’s Office which, at least in theory, must comply with the law.
However, the authorities retain power in extremis where arbitrariness is more likely to occur since it is expected that “the requirements and formalities in the processing of the case” can be skipped if it is necessary to withdraw citizenship from those who try to cause “serious damage to the country concerning national security, jeopardize the stability of the State, international relations or the general health of the population.”
It is “extraordinarily exceptional,” the officer stressed, “and we have only applied it exceptionally to the invaders of Girón,” he said to downplay the importance. In general terms, for the deprivation of citizenship, the causes are “to enlist in any type of armed organization aimed at undermining the territorial integrity of the Cuban State, its citizens and other persons residing in the country, or from abroad to carry out acts contrary to the high political, economic and social interests of the Republic of Cuba.”
“The Law specifies that it is to enlist in any type of armed organization with the aim of undermining the territorial integrity of the Cuban State”
That cause does not apply to Cubans fighting in Russia against Ukraine, the official said when asked by a correspondent of France Presse. “The Law specifies that it is to enlist in any type of armed organization aimed at undermining the territorial integrity of the Cuban State,” he explained, making it clear that, even in the case of those who are considered mercenaries according to Cuban legislation, fighting on the Russian side does not affect national interests.
The Associated Press also questioned the officer about the possible arbitrariness that can be committed by taking advantage of legal loopholes and other subterfuges. “The regulations will be consistent with what the Law establishes. There is no cunning, “he said.
The Citizenship Law leaves the thorny issue of statelessness in the air since the draft is clear when it comes to specifying that Cuban nationality cannot be renounced if it is not accredited to have another one (article 46) and Méndez elaborated on this. “We do not accept cases of stateless persons. No one can renounce Cuban citizenship if they don’t have another one, “he said.
However, this specification does not appear when dealing with cases of loss or deprivation of Cuban citizenship. The first one occurs in the event of fraudulent acquisition or non-ratification under Article 25 (you must go to a consulate within three years of leaving the country or a similar period from the last ratification to express the will to maintain it). In no case is it mentioned that having another citizenship is required to avoid its loss.
As for deprivation, the question seems even clearer. Article 55.2 indicates that the case to remove citizenship only ends when the causes are verified “in an undoubted way, the person in question has another citizenship or does not effectively reside in Cuba, and the ordinance is issued.” This makes it clear that the mere fact of being in a foreign country, with or without residency abroad is enough, without it being required to have another nationality.
This makes it clear that the mere fact of being in a foreign country, with or without residency abroad is enough, without it being required to have another nationality
All this contravenes the 1961 Convention on the Reduction of Statelessness, to which 64 countries adhere – neither Cuba nor the United States do -in order to prohibit the stripping of nationality, due to the lack of protection not having a nationality implies. In 2020, the UN Refugee Agency (UNHCR) issued new guidelines to renew this and other international agreements of its kind and reminded countries that there must be “very limited exceptions to this rule, even when nationality has been acquired through misrepresentation or fraud”.
Another issue that worries part of the population, as seen in the press conference, is the possibility of entering the country with a foreign passport while being Cuban. “To enter and leave the country, a Cuban passport is required, that is not negotiable. It is a constitutional and sovereign decision, “said Méndez, who added that in Cuba “all acts carried out with another citizenship to have effect in our country are null and void. ”
Therefore, those who acquired another citizenship – the United States and Spain being the most frequent among those who have dual nationality – must keep their passport in order and enter with it unless they have processed the renunciation of Cuban citizenship.
The changes in the Migration law will affect, the authorities estimate, 1.3 million Cubans, although the set of regulations (which includes five laws, those cited and two more that are not yet known) impact all of society, including foreigners. “Migration rules are incorporated to respond to the challenges of determining the residency of Cubans in Cuba and overseas, and in turn the exercise of rights related to the availability of the national territory’s heritage,” Méndez said.
Translated by LAR
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