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OPPOSITION - IMPORTANT
DOCUMENTS
VARELA PROJECT
UNDERLYING PRINCIPLES:
The Constitution of the
Republic guarantees all citizens the right to propose amendments for
consideration in the juridical aspects and also offers the procedures
and know-how to reach the same through a general consensus, the people
decides in a democratic and sovereign manner about the amendments to be
made and the contents of the same. This current value of the actual
laws, that is, the opportunity of containing in itself the key to amend
the law and be able to adjust the same to the needs and demands
requested to make a better society, may be accomplished if the people
that are legitimately capable of doing so, activate such a key.
This civic action proceeding is a binding through excellence amongst a
general wish and the judicial and political structures of a society that
practices democracy. The functioning of the binding is a sign of a
peaceful and gradual capacity of evolution of a society, of its capacity
to change and to go forward gradually in a harmonic and gradual
development, through the enhancement of a quality of life.
That is why we propose to make changes within the law. The law itself is
capable of becoming better in perfection and should be functioning to
reach a common welfare with a complete recognition of the human being.
But there exists different criterias about the changes needed in our
society and within the political environment, socially, economical and
inclusive opinions already found over the applicability of such changes
or amendments.
The answer is not simple one and demands the good will and a responsible
attitude of all Cubans.
Then, are really the changes necessary?
To solve this matter is essential. But a wise and fair answer can only
be given a sovereign nation, with a general consensus, in other words,
with a referendum.
But, why these questions, these proposals?
By answering these proposals the people gives to themselves the legal
instruments to, through the exercise of their rights, practice
solidarity and to comply with their duties by having a more full
participation in the decisions that affects them, in determining the
direction our Nation will take and by creating a better society.
With these foundations it is the nation itself who decides if there
should be any changes or not, who will carry out the changes as player
and subject of its own history.
We are not offering a project or a perfect model for a society, we are
trying to present for consideration the first step to create new and
better conditions to a right we all have. This way amongst all Cubans
they believe and develop their own project of society according to their
sovereign will, commencing with the spiritual values of our Nation and
this experience in history and be able to confront the challenges raised
by the arrival of the new millennium.
Signing this petition does not mean, in any way, to be in favor or to be
associated with any enterprise or group and also does not determine any
kind of compromise with the people who wrote it and present it for
consideration. When a Cuban signs this petition for a general consensus
is exercising one of the rights the present Constitution grants him to
request a petition and contribute for a free and solidarity way to
improve our society, to seek a solution to the problems our nation is
having and to prepare a better future to our children, here, in our own
country.
THE FIVE PROPOSALS are self-explanatory:
THE RIGHT TO FREEDOM OF SPEECH AND FREE ENTERPRISE
These rights and all Human Rights existed before any one would declare
them or write them, you and all your fellow man have these rights
because they are human being, because they associate and express,
defines the true and responsible way of a citizen within society. When
in the petition is made clear that the law must guarantee these rights
preserving the right to human dignity, to human rights and to common
welfare, we are anticipating any wrongful fear against freedom of speech
and free enterprise, since no one can exercise their rights by
attempting against the human dignity and everybody else rights,
including against a common welfare. At the same time no one can say it
is actually defending the common welfare by declaring invalid the
exercise of these rights, since a search for a common welfare implies
working a way of life in society where people are able to completely
fulfilled themselves, and this is impossible to a accomplish if the
human rights are not guaranteed.
In addition of being a right, there is also the need of a society to
have organizations that are independent, no matter if they are temporary
or permanent, to be able to give citizens the opportunity to defend
their interests, to form part of the State decisions and to contribute
in every social aspect and contributing their efforts and initiatives in
every field. The majority of votes is not imposed by an order or decree,
but should be respected and guaranteed by law because it is a reality
that not everybody thinks the same way over something in general or in
particular and is a right one has, the fact of being able to interact
and express your feelings, according to their ideas and interests, so no
one with their own ideas or with any type of conditions can invalidate
this right upon others. If law would guarantee free interaction and
expression, it certainly will be closer to what the Constitution really
represents, the right to express a diversity of actual opinions within
the society would be acknowledged, more space for criticism will be
opened, creativity would be enhanced, the dialogue, and democracy will
become more interactive, the exercise of a general sovereign and
therefore the foundations of a National Independence will get more
powerful.
AMNESTY
The existence in our country of political prisoners is a result from
actions of individuals that act in disregard of the law, like power
abuse, arbitrarities and also violation of the law by the authorities.
Many have been detained because they practiced he Human Rights to which
the present law is not recognized. This step is not a revision, is a
step toward an improvement to society that is aware of this need.
Reconciliation cannot be given by a decree but if it is desired by our
nation and it is clearly stated in the Referendum, granting amnesty,
would open, through this act of forgiveness and justice, a new era for a
community that wishes so much to overcome everything that was negative
in the past and give itself the opportunity of a new beginning. If the
Cubans cannot reach an agreement concerning the past, we do need to be
in agreement about the future so it can be one in peace, fraternity and
freedom, for the welfare of our children.
THE RIGHT OF CUBANS TO CREATE ENTERPRISES
With the approval of this petition we can reach a bigger participation
of all citizens in the task of satisfying the needs for a property and
service to the population, freeing the human capacity by working to
upgrade the level and quality of life, the freedom of people and
families and to contribute to the development of a nation.
The exercise of this right within the regulations of the law to seek a
common welfare will be a determinant factor in the overcoming of
insecurity and instability of the economic activity of the citizens and
would eliminate in great scale the illegal expropriations and wrongful
possessions of properties, stealing, the corruption of employees and
officers, the privileges taken through an abuse of power, the
parasitism, speculation and many causes with differences, until now not
able to rescue them, between the worker that tries to survive with a
salary and the one that through speculations or a position with a
certain way of power and authority is living a life economically
superior. This opening will be the reason to leave behind
improductivity, the very expensive negligence, unemployment in all its
forms and the poverty in which more and more Cubans sink in when they
are out of options or with a very poor salary, with no real value at
all. This poverty and the lack of options is one of the main causes for
the desire of many Cubans to emigrate, a phenomena that brings so many
disarrangement to the Cuban family. From here on the currency, and with
it the salary of workers, would begin to grab its real value.
The satisfaction from the consuming needs of a nation and the control
and democratic property by the workers of a production media, does not
limit itself to a state property, which is one of, and not the only one,
the ways of a social property. The long waiting lines due to the
scarcity of things, inefficiency and precariously manner in which we
have lived shows the need for an opening of the citizen’s participation
in the economic activity, in all matters and property. This opening has
to guarantee the right to all Cubans to create private enterprises,
either private property as well as a cooperative, as well as mixed
enterprises between workers and the State. Will this be more difficult
to accomplish as a right for Cubans and amongst Cubans, that what has
already being given to foreign enterprises, the right, not only to
participate but also to have, in some cases, the whole property of an
enterprise, in the same way a law regulates the foreign investments?
Law will be able to harmonize the participation of citizens, in a
responsible and creative manner, in the economic doing with a social
orientation from a private enterprise, with certain respect toward the
consumer, with humanization of the work done, with the guaranties of the
worker’s rights and with certain social security. This way the State
could have a lot more resources to guarantee, without depending from
foreign support, the free services of public health and education and
any other type of social services and care and would give them, not as
fatherly structure, but as the administrator of a common welfare, to
which all citizens contribute, in a responsible manner, exercising their
rights and practicing solidarity.
A NEW ELECTORAL LAW
To be able to understand this proposal it is necessary to pay attention
to the two key elements of the electoral process:
1. The list of candidates or nomination of candidates, that is, the way
it is determined who will be the citizens amongst which the voters will
vote for as their representatives, either as delegates or as
representatives.
2. The elections. We recommend the study of the current Electoral Law if
you do not remember their layouts and analyze this proposal before
making a decision.
According to the current law, the candidates for Delegates before the
Municipal Assemblies of the "Poder Popular", are nominated by casting
votes at public assemblies by the voters of the corresponding district.
Nonetheless, the candidates for Delegates before the Provincial
Assemblies and the candidates for delegates before the National Assembly
of the Poder Popular by nominations given by the corresponding Municipal
Candidates, Commission; who at the same time receives proposals from the
National and Provincial Candidates’ Commission. The voters, according to
the current law do not participate directly in the nomination of
candidates to Delegates before the Provincial Assemblies, nor of the
candidates for Representatives before the National Assembly of the Poder
Popular and in addition, only one candidate is nominated for each
position to be a Representative before the National Assembly of the
Poder Popular. For example, if one municipality can have five
representatives before the National Assembly of the Poder Popular in the
election ballot will only appear five candidates and each voter can vote
for one, for some, for none of them or for the five of them. The voters
cannot elect their five representatives from a bigger number of
candidates.
In the elections for Delegates before the Municipal Assembly, the voters
of each district select their Delegate voting each voter for one
candidate, the one who wishes to select amongst several that are
candidates to represent said district.
In what consists the petition we are requesting?
Consists in that the Delegates before the Municipal Assembly, the
candidates to Delegates before the Provincial and the candidates to
Representatives before the National Assembly be nominated, that is be
nominated and selected directly by the voters of the corresponding
district through their signatures of support, without any intermediaries
and solely in this manner.
That also several other candidates may exist for each of the Delegate’s
positions before the Provincial Assemblies and of Representatives before
the National Assembly, so this way the voters of each district can have
the option to select amongst several the one of their preference, a
possibility that the current law does not offer. That the voters of each
selected district select only their Delegate before the Municipal
Assembly, their Delegate before the Provincial Assembly and their
Representative before the National Assembly of the "Poder Popular" and
only one in each case, in this way each individual being elected
responds only before said voters, that is, to those he represents.
Within a respect toward order and in agreement with the voters, they
amongst themselves and the nominated candidates, the candidates, the
Delegates, the Representatives may associate and get together with the
voters freely and without any kind of intermediaries or guardians,
during democratic assemblies and also be able to use all communication’s
media, which is considered a state’s property and, therefore, should be
at the service of all citizens practicing a freedom of speech. With the
approval of this petition we move forward into a Democratic
Participation in one of its basic foundations; the citizen’s
participation by selecting their representatives and in the decisions of
the different sections of the "Poder Popular".
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