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PROYECTO
VARELA
CITIZEN
PETITION
BASEDON
OUR CONSTITUTIONAL RIGHTS
We,the signers at the end of this text, solicit from the National
Assembly of the Popular Power to subdue to Popular Consult,
through a Referendum, each one of the fivefollowing proposals:
1.A.
That, the necessary transformations are to be made so
that by preserving the common welfare, and the respect to
the Human Rights, universally recognized, The
Universal Declaration of the Human Rights, of which Cuba is
a signer, dictates in its Art.19
"Every individual has the right
to freedom of opinion and expression, this right includes
freedom to hold opinions without interference and to seek,
receive and impart information and ideas through any media
and regardless of frontiers." and to the human
dignity, the citizens are guaranteed:
1.A.1.
The right to free association according to their interests
and ideas, so that this way they may legally constitute associations
and organizations: social, political, economical, cultural,
syndicalism, academic, religious, humanitarian, and others,
respecting the principles of pluralism and the diversity of
ideaspresent in the society.
1.A.2.
The rights to freedom of expression and of the press,
The
Communist Constitution will give you these rights as long
as you are in favor of their model of society. As per Art.
53 "The citizens’ freedom of
speech and press is recognized in conformity to the aims of
the socialist society. The material conditions for its exercise
are given by the fact that the press,the radio, the television,
the movie industry and other means of massive diffusion are
the property of the state or social property and can not be
in any case, of private property; thus assuring their use
to the exclusive service of the working people and the interest
of the society. The Law regulates the exercise of these liberties."
See also Art.
62 this way the persons, individually or in groups will
be able to express or manifest their ideas, beliefs and opinions
through the written or spoken word and through any Media of
diffusion or expression.
1.B.
The laws that will guarantee these rights shall come into
force in aperiod not longer than sixty days after implementing
this Referendum.
2.A.
An amnesty shall be decreed for all detainees, sanctioned
and jailedones for political motives, and they must not have
participated in acts attempting directly against the lives
of other persons. In
Cuba none of the individuals known as political prisoners
are convicted under the charges of being against the Government.
They are usually charged instead, with common crimes, so before
the eyes of the International Community, Cuba has statistically
fewer political prisoners than in reality. The most common
of these "charges" are: "resistance to arrest",
"disorderly conduct", "disrespect", "contempt",
etc. This
amnesty law shall come into force in a period not longer than
thirty days after implementing this Referendum.
3.A.
To make the necessary transformations to the laws, so
that this way,the citizens are guaranteed the rights to constitute
private enterprises, both individual and cooperatives, for
developing economic activities that will be productive and
service oriented; and to be able to establish contracts among
the workers and the companies for the functioning of these
companies, in just conditions where no individual will be
able to obtain earnings from the exploitation of the work
of others. These new laws shall also guarantee the respect
to the rights of the workers and thecitizens and the interest
of the society. These new laws shall come into force in a
period no longer than sixty days after implementing this Referendum.
4.A.
To transform the Electoral Law, so that its new texts
will guarantee:
4.A.1.
To determine electoral districts for the election, on
each case,the Delegates to the Municipal Assemblies of the
Popular Power, the Delegates to the Provincial Assemblies
to the Popular Power, and the Deputies to the National Assembly
of the Popular Power.
4.A.2.1.
That each one of the determined districts for the municipal
elections, elects through direct vote of its electors, one
Delegate to the Municipal Assembly of the Popular Power. Each
elector will be able to vote for only one candidateto Delegate.
4.A.2.2. That each one of the determined districts for
the provincial elections, elects through direct vote of its
electors, one Delegate to the Provincial Assembly of the popular
Power. Each elector will be able to vote for only one candidate
to Delegate.
4.A.2.3.
That each one of the determined districts for the national
elections, elect through direct vote of its electors, one
Deputy to the National Assembly of the Popular Power. Each
elector will be able to vote for only one candidateto Deputy.
4.A.3.
That the citizens become nominated as candidates to Delegates
tothe Municipal and Provincial Assemblies, and as Deputies
to the National Assembly of the Popular Power, only directly
through support signatures of the electorsfrom the corresponding
districts, according to the conditions expressed in: 4.A.4,
4.A.4.1, 4.A.4.2, and 4.A.4.3. of this petition.
4.A.4.
That the sufficient and necessary conditions for a citizen
to benominated as a candidate will be:
4.A.4.1.
To observe the conditions stipulated in articles: 131,
132, and 133 of the Republic’s Constitution so
that a citizen has the right to vote and to be elected.
4.A.4.2.
To present before the corresponding authorities, in a
period not smaller than the thirty days before the elections,
the signatures in support of his candidature, of no less than
the 5% of the total number of electors from the district he
aspires to represent. This way, each elector will be able
to support only one aspiring candidate to Delegate to the
Municipal Assembly of the Popular Power, one aspiring candidate
to Delegate to the Provincial Assembly of the Popular Power,
and one aspiring candidate to Deputy to the National Assembly
of the Popular Power.
4.A.4.3.
To reside in the correspondent district if aspiring to
become a candidate to Delegate to the Municipal Assembly of
the Popular Power, to reside in the corresponding province
if aspiring to become a candidate to Delegate tothe Provincial
Assembly of the Popular Power, and to reside in the country,
if aspiring to become a candidate to Deputy to the National
Assembly of the Popular Power.In any case, to become a candidate,
he must reside in the country at least during the year preceding
the elections. This
is one the points of the "Proyecto Varela" that
the Exiled Community disagrees with the most. By making us
wait a whole year before we would be able to participate in
the political life of our Homeland, is to exclude us from
the righteous place, that as the main enemies of the tyrant,
we have won. Jose Marti said it very clearly: "Open the
way for the emancipators if they come from within, as well
as if they come from the outside."
4.A.5.
That the electors, the aspiring to candidates and the
candidateshave the right to meet in assemblies, with no more
conditions than the respect for the public order, As
per Art.62"...None
of the liberties recognized to the citizens may be exercised
against what it is established in the Constitution and the
laws, neither against the existence and aims of the socialist
State nor against the decision of the Cuban people of constructing
the socialism and the communism. The infraction to this principle
is punishable. thatway they can expose their
proposals and ideas. All of the candidates will have the right
to the equal use of the Media.
4.B.
The new Electoral Law, with the contents herein expressed,
shall come into force in a period no longer than the sixty
days subsequent the implementation of this Referendum.
5.
General Elections shall be implemented in the period comprised
between the day 270 and the day 365 subsequent to the implementation
of this Referendum.
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* * * * * * * * * * * * * * * * *
Excerpts
of the articles of Cuba's Communist Constitution of 1976 recommended
by Payá:
Art.9,
75 and 88
Art.
15, 16, 17, 21 and 23
Art.
10, 41, 42, 43, 55 and 64
Art.
68, 70, 71 and 84
Art. 131 and 136
Art.
9 "The State:
a)realizes
the will of the working people and:
-aims
the efforts of the nation in the construction of the socialism
-guarantees
the freedom and the whole dignity of the men, the enjoyment
of his rights, the exercise and the fulfillment of his duties
and the total development of his personality.
-strengthen
the ideology and the rules of living together and the proper
conduct of a society free of the exploitation of the men by
the men..."
Art.
10 "All the bodies of the State,
its directors, functionaries, and employees must act within
the limits of their respective jurisdiction andhave the obligation
of strictly observing the socialist legality and watch overthat
it is respected in the life of all the society."
Art.
15 "They are Socialist State’s
property of the people:
a)
the lands that do not belong to the small farmers or to integrated
cooperatives and through this: the subsoil, the mines,...
the forest, the waters, the meansof communication;
b)
the sugar mills, the factories, the principal ways of transportation,
and all of the enterprises, banks and facilities expropriated
from the imperialists, the land tenures, and bourgeoisie,
such as, factories, enterprises and economic facilities, scientific
centers, sports, cultural, and social centers, fomented by
the State and the ones fomented and build, in the future everywhere....."
Art.
16 "The State organizes, directs
and controls the national economic activity, following a plan
that will guarantee the programmed development of the country,
with the aim of strengthening the socialist system..."
Art.
17 "The State directly administrates
the national wealth that are part of the socialist property
of the all the people...."
Art.
21 "...the means of personal
or familiar work can not be used for obtaining earnings from
the exploitation of the work of others. The law establishes
how much of the personal property may be embargoed."
Art.
23 "The State recognizes the
property of mixed enterprises, societies, and economic associations
constituted in accordance with the law...must follow that
which is established by the law and the treaties, and also
thestatutes and proper rules through which they are ruled."
Art.
41 "All citizens have the same
rights and are subjectedto the same duties."
Art.
42 "The discrimination for racial
motives, skin color, sex,national origin, religious beliefs
and any other prejudice against the human dignity, is banned
by the law. The State institutions educate all, from the earliest
age, in the principles of the human being’s equality."
Art.
43 "The State recognizes the
rights conquered by the Revolution that the citizens, without
distinction of race, skin color, sex, religious beliefs, national
origin or any prejudice against human dignity:
-have
access, depending on their achievements and capacities, to
all the positions and State jobs, the Public Administration,
production and service industries...."
Art.
55 "The State that recognizes,
respects and guaranteesthe freedom of conscience and religion,
respects and guarantees at the same time, the freedom of each
citizen to change his religious beliefs or not to have any
religion, ...."
Art.
64 "It is everyone’s duty, to
take care of the public and social property, to respect the
work’s discipline and the rights of the others, to observe
the rules of the socialist living together..."
Art.
68 "The bodies of the State
are integrated and develop its activities on the foundation
of the principles of the socialist democracy thatare expressed
in the following rules:
a)
all the bodies representatives of the power of the State are
electives and open to renovation; ...
f)
the freedom of discussion, the exercise of criticism and auto
criticism and the subordination of the minorities to the majorities
rule in all the state and legal bodies."
Art.
70 "The National Assembly of
the Popular Power is the only body with constituent and legislative
authority in the Republic."
Art.
71 "The National Assembly of
the Popular Power is composed of deputies elected by the free,
direct, and secret vote of the electors, in the proportion
and with the procedure determined by the law."
Art.
75 "The attributes of the National
Assembly of the Popular Power are:
a)to
accord reforms of the Constitution as per what is established
on Article 137;
b)to
approve, modify, or derogate the laws, and present them previously
to the popular consultation..."
Art.
84 "The deputies to the National
Assembly of the PopularPower have the right to develop their
work in benefit of the people’s interest, to maintain contact
with the electors, hear their raisings, criticisms ..."
Art.
88 "The initiative of the laws
is a right of:
g)
the citizens. In this case it will be an indispensable requisite,
that the initiative be exercised by ten thousand citizens
that at least have the right to vote."
Art.
131 "All the citizens, with
the legal capacity for this,have the right to be part of the
leadership of the State, be it directly or through the elected
representatives that will form part of the bodies of the Popular
Power..."
Art.
136 "In order for a Deputy or
Delegate to be consideredelected it is necessary that he obtains
more than half the number of valid votes, emitted in the electoral
district of his case..."
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