SAN JUAN, Puerto Rico. – The Castro dictatorship recently promulgated the so-called Citizenship Lawwhere it assumes the power to strip citizenship from any Cuban citizen, including those who are Cuban by birth.
The law is specifically directed against those Cuban citizens abroad who actively and militantly oppose the Castro dictatorship. Article 55.1 of the law states that:
It is grounds for being deprived of Cuban citizenship to enlist in any type of armed organization with the aim of attacking the territorial integrity of the Cuban State, its citizens and other persons residing in the country, or from abroad to carry out acts contrary to the higher political, economic and social interests of the Republic of Cuba, provided that it is so deemed by the corresponding citizenship authority.
This power is granted to the dictator on duty (read the president), according to article 55.3, which establishes:
When a person incurs a cause for deprivation of citizenship and causes serious harm to the country in relation to national security, endangers the stability of the State, international relations or the general health of the population, the citizenship authority may issue a Presidential Decree without adhering to the requirements and formalities for processing the file and what is established in the previous section.
It should be noted that this law is a clear reflection of the fear that the Castro dictatorship has of the people who have risen up in rebellion in pursuit of their freedom.
But, above all, the law violates the human right to nationality due to its discriminatory nature and because it penalizes Cuban citizens who exercise their human right to express their political ideas against the regime and participate in protests and activities in opposition to the dictatorship.
The United Nations Charter of Human Rights clearly establishes the human right to nationality by stating, in its Article 15, that:
1. Everyone has the right to a nationality.
2. No one shall be arbitrarily deprived of his nationality nor of the right to change his nationality.
First of all, let us start from the fact that the Cuban Government is totally and absolutely illegitimate. ab initiosince it arose as a result of deceiving the people, treason to the homeland and illegality, the latter, by failing to comply with and contravening the processes established to establish a legitimate government and new constitutional orders as provided by the legitimate Constitution of Cuba: the 1940 Constitution.
Nationality by birth goes beyond the will of the citizen. It is the natural rooting in the human being of those who are born in a country and grow up rooted in tradition, culture, language, family, society and the experiences in a land that become part and essence of the human being throughout their life. And tyrants may take away your citizenship, but never your feeling and love for your country, because those are tied to the heart of the citizen.
Rebellion is not necessarily a legitimate cause for depriving a human being of his birthright. For all men and women oppressed by tyranny have the right to rebel. (Ius Resistendi).
Saint Thomas Aquinas in his works Summa Theologica and in From the regime Principle recognizes the right of citizens to active resistance against oppressive government.
For its part, the Declaration of Independence of the United States of July 4, 1776 states that the people, “When a long chain of abuses and usurpations, invariably pursuing the same objective, manifests a design to reduce them to absolute despotism, It is a right, it is a dutyto overthrow such government, and to provide new guards for its future tranquility” [subrayado del autor].
In fact, the preamble to the United Nations Charter of Human Rights recognizes the right of oppressed peoples to rebel:
Considering it essential that human rights should be protected by the rule of law, so that man may not be compelled to resort, as a last resort, to rebellion against tyranny and oppression.
Therefore, taking away birthright citizenship from an oppressed human being who fights against the tyranny that oppresses him is also a violation of human rights.
We Cubans all have the right and the inalienable duty to fight for our freedom and that of our homeland Cuba, as they did in their day. Carlos Manuel de CespedesIgnacio Agramonte, Antonio Maceo, Jose Marti; and as Martha Beatriz Roque Cabello, Vicente Mendez, Zoila Aguila did or continue to do, Oswaldo Paya SardinesHarold Cepeda, Orlando Zapata Tamayo and many other Cubans.
Beyond the opinion and political action of each individual, Cuban citizenship is an inalienable right of all those born in Cuba and above the illegitimate and arbitrary decisions, laws and decrees of the tyranny that today usurps the power of the people.
After all, we carry our national roots in our hearts. We were born Cubans, we are Cubans, and we will always be Cubans until we die.
OPINION ARTICLE
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