The Cuban-American businessman Carlos Saladrigas, president of the Cuba Study Group, outright rejected the proposal to restore the 1940 Constitution with amendments as a basis for a transition in Cuba, and instead suggested building a new constitutional framework from scratch.
"The Constitution of '40 is no longer relevant," Saladrigas stated in an interview with CiberCuba, in which he analyzed the economic reforms presented by Díaz-Canel on Friday, June 12. "Why not have a chance to do it again?" he asked.
However, Saladrigas warned that any constitutional process has an essential prerequisite: the participation of an organized and free civil society.
"How are we going to make a change to the constitution if we don't have the participation of Cuban civil society? If there is no organized and free civil society that can mobilize and work on these issues," he questioned.
As a bridging formula, he proposed that the Assembly of the People's Power approve an emergency law that grants the State the authority to adopt temporary measures, even if they contradict the current constitution, until a constitutional convention or a new charter ratifies them.
"The Assembly of the People's Power must pass an emergency law that grants the Cuban State the authority to implement temporary measures that, in many cases, will go against the existing constitution," he explained.
Saladrigas emphasized that the process must be carried out methodically and without haste, as any mistakes would have a huge cost for the country.
"We need to do it right because if we do it wrong, the consequences will be disastrous," he warned, pointing out that poor management would delay foreign investment and unleash thousands of disputes over property claims.
The businessman also warned about the human cost of the delay: “There are millions of Cubans who, unless order and rapid economic growth are quickly restored, will face a prolonged humanitarian crisis lasting many years.”
In the same passage, Saladrigas harshly criticized Díaz-Canel's reforms for lacking real substance and immediate follow-up, using a popular image to illustrate his point.
"As that famous Wendy's commercial here in Miami would say: where's the beef? When they bring you the hamburger, where's the beef in the hamburger? And the beef is missing," he said.
Saladrigas acknowledged as the only positive development from the package that Cubans residing abroad will be able to invest on equal terms with other investors, something he described as unprecedented.
But he insisted that all reforms must have a solid legal foundation and be consistent with one another: "What is the legal basis for each of these reforms? And they all have to be consistent with each other. Otherwise, they won't work."
The proposal to restore the 1940 Constitution has supporters in exile: activist Armando Valladares argues that this text "was never repealed by the Cuban people" and could serve as a legitimate basis for a transition, while analysts like Julio Shiling describe it as a "mechanism for national healing and reconciliation."
At the beginning of the month, leaders of the Cuban exile, businesspeople, lawyers, and community representatives gathered at the Cuban Museum of the Diaspora in Miami to advocate for the restoration of the 1940 Constitution as the legal foundation for a potential democratic transition in Cuba.
Saladrigas, however, concluded his argument with a warning that encapsulates his stance: "The country needs its time. We Cubans need our time. We have to get it right."
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