Cuba and Its System of Exclusion (II)
Cubans are outcasts in their own land. Both those who reside in the country, as well as those living abroad. The latter are doubly discriminated against. They cannot invest in the economy because they are citizens of the State, yet when they return to the country they are treated as foreigners.
Law No. 77, “On foreign investment,” provides that a foreign investor is “a natural person or legal entity with a foreign domicile and foreign capital, who becomes a shareholder of a joint venture, or participates in a company with totally foreign capital, or is named as a party in the contracts of an international economic association.”
Under the rules of this legislation, Cubans residing permanently abroad shoddily have no obstacle to investing in the economy of their homeland. They have a foreign domicile and foreign capital. So what stops them?
Article 32 of the Cuban constitution establishes that Cubans cannot be deprived of the citizenship, except for legally established causes. Nor can they be deprived of the right to change this. Dual citizenship is not permitted. Consequently, when another citizenship is acquired, Cuban citizenship is lost. The law establishes the process to follow to formalize the loss of citizenship and the authorities authorized to decide it.
The causes of losing and recovering citizenship before the 1992 constitutional reform were specific and were contained in the text of the “Supreme Charter of the State.” Now they have lost legal significance and should be regulated by law.
Taking into account the increase in Cuban emigration, one might think that the goal of reform was to eliminate citizenship. On the contrary, the measures taken by the government tend to retain it.
Conveniently for the authorities, they have not formulated the law that regulates the particulars of the analysis. The practice is to require all Cubans to enter the country with the passport that qualifies them as a national. It is not that they allow dual citizenship for them, with respect to nationals, only Cuban citizenship is available. By virtue of this, they cannot invest in the national economy.
However, within the territory they lose their rights as nationals. They are required to pay for all services in hard currency, as if they were foreigners. Far from being a privilege, this provision violates the constitutional and fundamental rights of Cubans.