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In the
elections for Delegates to the Municipal Assembly, the electors
of each district elect their Delegate voting each elector
for one candidate only, the one that they want to choose among
several aspirants to represent that district. In the provincial
and national elections, as already noted, there is only one
candidate for eachposition, one for each district, so that
each municipality will have the equal number of candidates
to Provincial Delegates as the number of districts that were
determined for that municipality’s provincial elections and
the equal number of candidates to Deputy as to the districts
determined in that municipality for the nationalelection.
In what does this petition that we are making consist of?
That the candidates to Delegates to the Municipal Assembly,
the candidates to Delegates to the Provincial Assembly and
the candidates to Deputies to the National Assembly be nominated,
or shall we say proposed and chosen directly by the electors
of the correspondent district through their signatures of
support with no intermediaries and being this the only way.
Also to allow the existence of several candidates for each
position available for Delegates to the Provincial Assembly
and Deputies to the National Assembly, this way electors from
each district will have the option to choose their favorite
among severalspirants, possibility not offered by the current
law. That the electors from each determined district elect
only their Delegate to the Municipal Assembly, theirDelegate
to the Provincial Assembly and their Deputy to the National
Assembly of the Popular Power and only one in each case; this
way each elected one will answer to the electors that he represents.
That, within the respect to the order and by accord of the
electors, they, among themselves; and the aspirants to candidates,
the candidates, the Delegates and the Deputies with the electors,
will be able to meet freely and without tutelage, in democratic
assemblies and also to use the media which is state property
and therefore it should be at the service of the freedom of
expression of the citizens. As
per 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." With
the approval of this proposal we advanceon the way to the
Participating Democracy in one of its basic pillars: the citizen’s
participation in determining his representatives and in the
decisions of the committees of the Popular Power.
LEGAL
FUNDAMENTS
"I
want the first law of our Republic to be the cult of all Cubans
to human dignity"
This
declaration of the citizens of Cuba in the preamble of the
Republic’s Constitution, inherited from our Apostle, and collector
of the love poured bythe good Cubans of all times, sings praises
to freedom, democracy, justice and solidarity and decrees
them in a tremendous way. The law can not betray, but consecrate
these values of the spirit and the will of our people.
These values are proclaimed in the First Article of the Constitution:
Art.1
"Cuba
is a worker’s socialist state, independent and sovereign,
organized with everyone and for everyone’s welfare, as a democratic
and unitarian republic, for the enjoyment of the political
freedom, social justice,individual and collective welfare
and human solidarity."
This
article defines the principles and the fundamental qualities
of a Socialist State of the workers and with this definition,
the other articles of the Constitution and also the laws must
be coherent, so these principles and qualities may be realized.
This proposal is based from the legal point of view, on this
First Article, in conjunction with the Constitution and in
Jose Marti’s quote proclaimed in its preamble.
Wetry to procure the perfection of the Cuban laws Cuba’s
constitution is irrevocable (not perfectible) as per the Constitutional
Reform approved in June 26,2002 with a "Referendum"
made by Castro with the signatures of 8,198,237 electors.
Excerpt from the Special Disposition Chapter XV, Art.
137 "...and it is proposed that
the socialist characteristics and the political and social
system contained within be declared irrevocable, as a dignified
and categorical answer to the exigencies and threats of the
imperialist government of the United States in May 20,2002."
so that, in whatshould be an ascendant process,
these laws allow us to achieve with more plenitude the organization
of this State with everyone, this means without exclusions,
for everyone’s welfare, that is with equality in the rights,
the welfare,and the democracy in the real enjoyment of political
freedom and the social justice.
The laws
must correspond in spirit and letters to these enunciates
of the Constitution.
This
is not the case of an academic discussion nor an interpretative
problem, but the exigency through legal ways of the rights
that we have as persons and thatare also described clearly
in the Constitution, for this, the laws should be transformed
so these rights are guaranteed. But because it is the will
of the people, expressed democratically in Popular Consultation
as the most legitimated criteria for making decisions about
all the laws, we propose this Referendum.
First,
it is necessary that those citizens after studying this proposal,
consider freely and conscientiously that they should support
it; and then, will sign the solicitation directed to the National
Assembly of the Popular Power. The current Constitution guarantees
the right of each person to sign this solicitation, this is
why no citizen, bureaucrat or institution may obstruct this
quest or take reprisals against them for this motive. Whoever
will do it, will be violating the Constitution and the law,
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 principleis
punishable." this
is why he could be demanded beforethe pertinent authorities
which have also the obligation to protect the citizenand guarantee
him the exercise of his constitutional rights.
We
respect the right of the persons of not to sign this proposal,
including theright of not to read it, this is why it will
only be given to those persons with the right to vote, after
explaining its content and with their consent to receive these
documents. The persons receiving these documents will make
the decision,after studying it, if they sign it or not, and
in both cases they should give it back to whoever delivered
it to them with the idea that all signed solicitations may
be presented to offices of the National Assembly of the Popular
Power. This proposal does not attempt neither against the
laws, nor against the Socialist State, Being
this passive, is Payá’s mistake. If you follow the
principles and laws of the Communist Constitution without
fighting its oppressive articles, then you will end up with
only cosmetic changes to Castro’s Tyranny. You can not follow
the statements of this repressive Constitution because then
you will be only changing masters: "You can not pursue
Freedom by merely changing Masters." Jose Marti nor
against the Cuban people decisions, nor against that established
by the Constitution. This is a petition that proposes changes
to the laws and therefore, without violating any article,
it is based in the rights given to us by the Constitution.
Besides, the same Constitution contains the possibility of
being reformed partial and even totally, and it offers on
its Article 137, the means to reform it. But this proposal
does not seek changes to the Carta Magna, but to the laws,
so they can guarantee the rights that are proclaimed by this
Carta Magna.
We recommend the study of the Republic’s Constitution in its
entirety, and besideswe expose some of the articles on which
this proposal is based:
Read Art. 1
Art.
63
"Every
citizen has the right to submit his complaints and petitionsto
the authorities, and the right to receive the pertinent attention
or response in adequate time and with conformity to the law."
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.
75
"They
are attributes of the National Assembly of the Popular Power:
b) to approve, to modify or to revoke the laws and to submit
them previously to the popular consultation when it considers
it pertinent in attention to thekind of legislation in question
t)
...to concede amnesties:
u) the convocation to a referendum in the cases previously
stated in the Constitution and in others that the same Assembly
considers pertinent….."
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 orsocial
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."
Art. 54
"The rights to meet, to manifest and to associate
are exercised by the manual workers, the intellectuals, the
farmers, the women, the studentsand the others sectors of
the working people, by this they are in possession ofthe necessary
means to achieve these ends.
The masses and social organizations are in possession of all
the facilities for the carrying out of such activities, in
which all its members enjoy the broadest freedom of speech
and opinion."
Art.
66
"The
strict following of the Constitution and its laws is inexcusable
duty of everyone."
Art.
9
"The
State:
a)
realizes the will of the working people and guarantees the
freedom and full dignity of men, the enjoyment of his rights,
the exercise and the fulfillment of his duties and the integral
growth of his personality."
Art.
41
"All
citizens have the same rights and are subjected to 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."
NOTE:
You should read more about the Articles 9, 75 y 88,
that for reasons of spacewe have not copied in their totality.
Besides, we recommend, for a better comprehension of the legal
fundaments of this proposal, the study of the following articles
of the Constitution:
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. *
We also recommend consulting the Penal Code, to which the
following articles belong:
CHAPTER
5
"Crimes
against the right of reunion, manifestation, association,
complaint and petition."
Art.292
1.It
is punishable with loss of freedom from three months, to one
year or a fine of three hundred quotas, or both, he who in
infraction of the legal dispositions:
c)
Impede or hinder one person from sending his complaints or
petitions to the
authorities.
2.
If the crime is committed by a public servant with abuse of
power, the sanction is loss of freedom from six months to
two years or a fine from two hundred to five hundred quotas."
(This
petition denominated " Proyecto Varela" was redacted
by the citizen Oswaldo Payá Sardiñas. Dir. Calle
Peñón #276, entre Ayuntamiento y Marquez , frente
al Parque Manila,
El Cerro,La
Habana, CUBA)
Referendum
or referendo: direct voting of the citizens for the ratification
or not, of some laws.
*
Excerpts
of the articles above are at the end of the Proyecto Varela
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