Politics and Civil Society in Cuba

(Axel Boer) #1

142 Chapter 6


Theoretical Basis of the MCL's Legal Dissent Strateg y


As a domestic civic movement, the MCL is a well-integrated actor in
what Keck and Sikkink call “transnational advocacy networks”
(TANS) which also include research and advocacy organizations,
foundations, media, churches, unions, intellectuals, intergovernmental
organizations and members of governments—international and



  1. United for Hope proposes six key steps for change: 1.Freedom without exile for
    political prisoners. 2.Freedom of expression, of religion, of conscience and the press,
    guaranteed through a national media commission composed of members of the govern-
    ment, of the democratic opposition, and civil society to ensure access to means of com-
    munication. 3.Freedom of association ensured through passage and enforcement of laws
    that legalize and ensure the functioning of: political parties, electoral movements, socio-
    economic associations, private companies, worker movements, social organizations,
    environmental organizations, professional organization, religious organizations, and
    other civil society institutions. 4.Free elections, ensured by a) a law that secures the right
    of each citizen to be directly nominated for elections without intervening candidacy
    commissions and to be directly and democratically elected, and b) a national electoral
    commission integrated by citizens nominated by the government, the democratic oppo-
    sition, and civil society, capable of convoking national elections and coordinating with
    international monitoring organisms to ensure fairness. 5.Freedom of movement and
    national reencounter, ensured by a) legally securing the right of all Cubans to travel freely
    from province to province and settle in the place of their choice, and b) the right of all
    Cubans to enter and leave the country freely, eliminating the “definitive exit” emigration
    category, and the exit or entry permit requirements for Cuban citizens, c) ensuring that
    Cubans outside can return freely and live in Cuba, d) the facilitation of family reunifica-
    tion by all governments, and e) the condition that previous owners may not dislodge (by
    direct or indirect means) nor require indemnification from current possessors of their
    former property. 6.Ensure economic and social rights by a) guaranteeing free access to
    health, education and essential services without imposing political-ideological pre-condi-
    tions, b) upholding the right to religious education, c) eliminating all laws that disadvan-
    tage Cubans vis a vis foreigners, d) guaranteeing the right to travel freely from province
    to province and settle freely in the site of their choice, e) eliminating the “frozen zones”
    and restrictions on free exchange of sale of housing that do not damage legitimate family
    interests, f) revising the Penal Code to eliminate causes of action that violate internatio-
    nally recognized human rights, g) allowing independent unions in accordance with Inter-
    national Labor Organization (ILO) standards, h) creating conditions whereby salaries
    and pensions permit dignified living standards, i) recognizing and defending freedom of
    contract between workers and employers, particularly with respect to international com-
    panies (where the government currently retains salary earned), j) guaranteeing the right
    to establish a private company and to hire employees, k) promoting the creation of small
    and medium enterprises where Cuban entrepreneurs can be creative and create wealth, l)
    unifying the country’s dual currency system into one currency, m) undertaking agricultu-
    ral reform whereby individual parties can put land into production. 7.A Future Vision
    of Institutional and Economic Transformation, including a new Constitution which
    recaptures the rights enshrined in the 1940 Constitution and subsequent constitutions,
    the design of a medium and long-term national project, a revision of the past in a fra-
    mework of truth, justice and reconciliation, an integral environmental conservation and
    protection program, for a more free, fair and humane society.

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