Given the abandonment, disinterest, or ignorance of the governments of the free countries of the world about the nature of the Cuban Case, we understand that if the 1940 Constitution is fully restored in Cuba (#C40 for its acronym on the internet):
All the properties of U.S. citizens that were illegally nationalized could be returned to their former owners, criminals and fugitives claimed by the FBI could be returned, also a new and renewed market would be opened between the United States, Cuba, and the Caribbean Basin.
Cuba has its Sovereign Constitution, promulgated in 1940, its complementary laws, organic laws, decrees, and decree-laws. We attest that this is so because we have analyzed and discussed it in the last 5 years, and based on this research a Transition Plan has been written where The Constitutional Republic will be fully restored.
Like our Constitution, the #C40 is the only and legitimate Magna Carta of the nation, written without interference from foreign powers; being still in De jure; since it has never been abrogated by the sovereign Cuban people. Our Constitution has been permanently violated by the dictator in power since March 10, 1952; 71 years ago.
This is the opposite of what has been formally said or argued with grandiloquent acts in all the World Political Forums; from Havana, Miami, Washington, Madrid, the UN, the OAS, the European Parliament, Toronto, Moscow, Beijing, and other internal conversations between free governments and international institutions.
In other words:
In Cuba we do not have an economic, social, cultural, artistic, military, ethnic, religious problem, or that Cubans lack a founding thought.
In Cuba we do not have a problem of scarcity of natural resources or a small country. Our soils are fertile, and in terms of surface area we are the 106th country among 204.
In Cuba, the lack of protection and respect for citizens’ rights will not be resolved through denunciations and exposure of all kinds of abuses and violations, as long as there is no rule of law on the island.
In Cuba the problem is not that Human Rights are being violated; that is happening. The real problem is the total absence of respect for Human Rights, all of which are included in the #C40.
Everything explained above, constitutes the CONSEQUENCES or COLLATERAL EFFECTS resulting from the permanent violation of our Constitution.
Add to this the fact that only 17 days after the military coup, the US State Department recognized the coup general as the legitimate President of the nation. This undoubtedly influenced the international community in favor of such a crime and contributed to a certain degree of conformity among some political groups on the island.
As if that were not enough, after Batista’s flight in December 1958 and the arrival to power of Fidel Castro, the provisional government formed by the latter was recognized on January 6, 1959, without having been installed in the capital of the country. Barely a month later, the Constitution was replaced by a Fundamental Law, which remained in use until 1976.
It was like this, “de facto” that the Constitution of 1940 was suspended, Which was the complete opposite of Castro’s promise to restore it in “History Will Absolve Me”; and that other political leaders also promised.
That is to say: «Castro’s revolution died on January 1, 1959; since the source of the law of that revolution was the RESTITUTION of the CONSTITUTION of 1940».
The frustration and despair of the Cuban people seem to have no end, because during the last 71 years of intense political and ideological battles in the international arena, many governments have forgotten the origins or do not understand the Cuban Case.
On the other hand, the so-called “Cuban opposition” groups, inside and outside Cuba, as well as their leaders have not been able to put forward a cause– a viable path that the Cuban people are capable of embracing to recover the lost rule of law.
However, beyond the tribunes, conferences, forums, denunciations, trips, grants, and even awards, in 71 years they have not achieved any concrete result. This is because they do not have a country project that is legal as the 1940 Constitution, and thus the serious problem of the difficult. The transition from Socialism to Capitalism is solved, as it was done in the most successful transitions of the former Socialist Europe.
The Cuban people,held hostage and victimized by all these ideological confrontations, find themselves in a near-complicite silence of practically all interest, have been resignedly WATCHING the hell they have had to live through. Isolated from the #C40; due to not understanding what happened to them, what is happening to them, and without being able to recognize within so much misery, misinformation, and indoctrination; what different course for the Exile to take.
It has been just 5 years since the Cause for Restitution of the 1940 Constitution was taken up; and it was already the only political project present on the streets of Cuba in the spontaneous demonstrations of 11J. Therefore: «In Cuba, there is only one political problem, which is solved by RESTITUTING THE 1940 CONSTITUTION.»
In short… for many strange reasons that do not resemble those of any other country, our cause needs the solidarity of all free men and their governments, to once and for all return their CONSTITUTION to the Cubans.
In all that we have read, we can see that much less effort and resources are needed than those used throughout 71 years to achieve the unity of Cubans around the country’s PROJECT that we sovereignly gave ourselves in 1940.
By reinstating the 1940 Constitution and all the COLLATERAL EFFECTS they speak of, denounce, and worry about will gradually disappear in a short time. This is only after the RESTITUTION of our Sovereign Constitution.
Please free man: help us to put an end to the confusion between CAUSE and EFFECTS. Let us all stop introducing hundreds of superfluous topics to the solution of the Cuban Case.
Let us stop talking about the COLLATERAL EFFECTS and go straight to the solution: which can be summarized in one sentence:
RESTITUTION OF THE 1940 CONSTITUTION!
That is all we ask of the free men of the world and their governments.
Help us take this message to your political representatives, and talk to them about this issue.