Cuba: Using All Legal Spaces to Push for a Democratic Cuba

Cuba’s new Constitution is as totalitarian in nature as the last, it’s a fact. However, something has changed and it would be in our good interests to take notice of it and use it when moving forward.

This time, the government has made a greater effort to “simulate” Rule of Law, with elected institutions (even if they are elected indirectly and the electoral process is rigged), rights and freedoms are explicitly recognized, along with the people’s sovereignty. Not out of kindness or a commitment to justice, but because they need to appear “democratic”.

All this is void in practice by the lack of a Constitutional court which would allow us to file human rights violations. The law seems to be above the Constitution in most cases, because of the ambiguity is was written with. In spite of the superiority bestowed upon the Cuban Communist Party in Article 5. (which really is the icing on the cake), there are legal loopholes that we can use to our advantage and we don’t.


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