The deputies of the National Assembly of Cuba approved the laws on Citizenship and Immigration this Friday, amid controversy on social media, particularly regarding articles included in the former.
The Citizenship Law is a norm without legislative precedent in Cuba, aimed at developing the constitutional principles related to citizenship, reflecting the rights of citizens, and strengthening the power of the State.
The draft laws were presented by Colonel Mario Méndez Mayedo, head of the Directorate of Identification, Immigration, and Foreign Affairs (DIIE) of the Ministry of Interior, during the third session of the tenth legislature, at the plenary of the National Assembly.
Citizenship Law, Cuban regulation continues to be debated on social media.
The law establishes that Cuban citizenship is acquired by birth or by naturalization and clarifies that acquiring another citizenship does not imply the loss of Cuban citizenship. Furthermore, while in Cuba, Cuban citizens cannot use a foreign citizenship.
The new law regulates "effective citizenship"; the acquisition of Cuban citizenship; the documents that certify Cuban citizenship; the procedure for formalizing the renunciation, loss, deprivation, and recovery of Cuban citizenship; the requirements, formalities, and terms that must be observed in its application; the authorities empowered to decide on citizenship matters; the means of contesting administrative decisions regarding Cuban citizenship and the Citizenship Registry.
Despite the apparent benefits of this new law, such as the updating and clarification of citizens' rights and duties, there are several critical points that deserve attention and have been at the center of the debate on social media, among them is the renunciation of Cuban citizenship.
Requesting the renunciation of Cuban citizenship requires a set of requirements, including being over 18 years old, having another citizenship, residing abroad, not having debts with the Cuban state, and not serving a criminal sentence of imprisonment or being pursued for the commission of a crime.
This is not an automatic process; it must be approved by the Cuban state, just like the "loss of citizenship."
"The loss of Cuban citizenship, due to clarifications that have been necessary to make, is for those cases of foreigners who acquire it through naturalization," said Méndez.
However, the acquisition of citizenship through fraud or cases of Cuban citizens by naturalization who, while abroad, do not confirm their intention to retain it before the corresponding consular office, are also causes for the loss of citizenship.
The deprivation of Cuban citizenship is another hot topic. The official stated that "it is given for enlisting in any type of armed organization with the aim of attacking the territorial integrity of the Cuban State, its citizens, and other residents in the country."
It could also deprive someone of Cuban citizenship in the event that they decide to "conduct acts from abroad that are contrary to the high political, economic, and social interests of Cuba, as long as the corresponding citizenship authority deems it appropriate."
The vagueness of terms such as "high political, economic, and social interests of Cuba" leaves room for interpretations that can be used to silence dissent and criticism of the government.
It is essential that these new provisions are carefully observed and analyzed, both for their legal impact and for their implications on human rights and individual freedoms in Cuba.
Foreigners Act
The Immigration Law was also presented by Colonel Méndez Mayedo, who said that it aims to update the current regulations to align them with the Constitution and the new migratory realities of Cuba.
This law, which complements immigration legislation, regulates the care, protection, and documentation of foreigners, equating their rights and duties with those of Cuban citizens, and establishing the procedures for their expulsion from the national territory, if necessary.
The new regulation updates Law 1313 of 1976. It establishes a modern immigration system in line with the interests of the Cuban state. It includes the immigration classification of provisional and humanitarian residents, as well as the conditions for stay and residence, and the activities authorized for foreigners.
Furthermore, the law regulates the application of migratory measures and sanctions, as well as the means of appeal. It applies to all foreigners in Cuban territory, defining their rights, duties, and the immigration system that guarantees their care and protection in accordance with the Constitution and international standards.
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