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Articles
recommended by New Generation Cuba
Even though Payá does not recommend the following articles,
New Generation Cuba refutes the "Proyecto Varela"
with them, and they will probably be used by the Tyrant, on
his answer to the "Proyecto" if he does not approves
it.
Excerpts:
Art.
3 "...All the citizens have
the right to combat by all means, including armed fight whenever
there is no other possibility, against anyone that attempts
to overthrow the political, social and economic order, established
bythis Constitution."
Art.
5 "Cuba’s Communist Party, Marti’s
and Marxist-Leninist, the organized vanguard of the Cuban
nation, is the superior leading force of the society and the
State, that organizes and guides, the common efforts aimed
to achieve the high ends of the construction of the socialism
and the advance toward the communist society."
Art.
12 "The Republic of Cuba makes
its own the anti-imperialist and internationalist principles
d)
condemns the imperialism, promoter and supporter of all the
fascists, colonialists, neo-colonialists, and racists manifestations,
as the main force of aggressionand war and the worst enemy
of the people ..."
Art.
13 "The Republic of Cuba grants
political asylum to the persecuted by his ideals or fights
for the democratic rights, against the imperialism, the fascism,
the colonialism, the neo-colonialism..."
Art.
15 "They are Socialist State’s
property of the people:
a)
the lands that do not belong to the small farmers or to integrated
cooperatives and through this: the subsoil, the mines,...
the forest, the waters, the meansof communication;
b)
the sugar mills, the factories, the principal ways of transportation,
and all of the enterprises, banks and facilities expropriated
from the imperialists, the land tenures, and bourgeoisie,
such as, factories, enterprises and economic facilities, scientific
centers, sports, cultural, and social centers, fomented by
the State and the ones fomented and build, in the future everywhere....."
Art.
53 "The citizens’ freedom of
speech and press is recognized in conformity to the aims of
the socialist society. The material conditions for its exercise
are given by the fact that the press, the radio, the television,
the movie industry and other means of massive diffusion are
the property of the state or social property and can not be
in any case, of private property; thus assuring their use
to the exclusive service of the working people and the interest
of the society.
The
Law regulates the exercise of these liberties."
Art.
56 "The residence is inviolable.
Nobody may penetrate against the will of the inhabitant, with
the exception of the cases dictated by the law."
Art.
62 "...None of the liberties
recognized to the citizens maybe exercised against what is
established in the Constitution and the laws, neither against
the existence and aims of the socialist State, nor against
the decision of the Cuban people of constructing the socialism
and the communism. The infraction to this principle is punishable."
Art.
132 "Have the right to vote
all Cubans, men and women, olderthan sixteen years of age,
excepting:
a-)
the mentally incapacitated, previously and judicially declaring
their incapacity.
b-)
the ones with a judicial inability for cause of a crime
Art.
137 "...and it is proposed that
the socialist characteristics and the political and social
system contained within, be declared irrevocable,as a dignified
and
categorical
answer to the exigencies and threats of the imperialist government
of the United States in May 20,2002."
"For
the whole text of Cuba’s
Communist Constitution of 1976.
New
Generation Cuba Conclusions
New
Generation Cuba salutes Payá’s work and achievements,Osvaldo
Payá, is a Christian Liberation Movement activist that
took the fear of becoming Oppositionists off the heart of
some eleven thousand signers of his "Proyecto Varela"
with that we agree, but we will never agree on the position
adopted by him on his "Proyecto Varela".
In
the article 2.A.
(page 14) of the "Proyecto
Varela", Payá excludes the political prisoners
who have committed violent actsfrom the Amnesty many of this
"violent prisoners" had their cases fabricated,
some where declared as "insane" who are also excluded
from voting on the "Proyecto Varela" art.4.A.4.1.
(page 15) all ex-prisoners and mental
patients are excluded from voting as per art.132
(page 21)of the 1976 Constitution.
and where confined at the infamous Mazorra, a psychiatric
Hospital where oppositionists were tortured on a daily basis
and others suffered imprisonment in Castro’s UMAP camps, a
concentration camp nazi style were all oppositionists: intellectuals,
Catholics and Christians ingeneral, Masons, Union representatives,
etc were sent in order to isolate them from the rest of the
society, and to pay their "debt with the Revolution"
doing forced labor in Cuba’s agriculture sector before their
forced or "volunteered" exile.
In
Cuba none of the individuals known as political prisoners
are convicted under the charges of being against the Government.
They are usually charged instead,with common crimes, so before
the eyes of the International Community, Cuba hasstatistically
fewer political prisoners than in reality. The most common
of these "charges" are: "resistance to arrest",
"disorderly conduct", "disrespect", "contempt",
etc.
The
"Proyecto Varela":
1-
Is taking to the voting booth the Rights and Freedom that
we are born with, those Human Rights are inalienable, as per
the Universal Declaration of the Human Rights, of which Cuba
is a signer.
2-
It legitimizes the Tyranny by basing the "Proyecto
Varela" on the Communist Constitution of 1976, a Constitution
that was imposed to the people of Cuba by the Delegates of
the only legal Party inside of Cuba, the people did not vote
for it, this makes it illegal.
3-
It does not recognizes the heroic acts of the Historical
Political Prisoners, discriminates the political prisoners
in its Amnesty, all political prisonerswith real or fictitious
charges against the Tyranny and all political prisonerswith
"mental illness" are exempt from being free, and
thus unable to vote on its proposed referendum.
4-
It forbids the Exiled community to participate in the
political arena ofour Homeland for one year, allowing the
Communist Elite in the country to shareamong them the political
and economical control of the Island.
"Proyecto
Varela" fails to make its first article or focal point,
the derogation of the 1976 Communist Constitution, which takes
all the liberties away, specifically on the Art.
62 "...None of the liberties
recognized to the citizens may be exercised against what is
established in theConstitution and the laws, neither against
the existence and aims of the socialist State, nor against
the decision of the Cuban people of constructing the socialism
and the communism. The infraction to this principle is punishable."
By trying to insert themselves
into the 1976 Communist Constitution they are legitimizing
such Constitution and the Tyranny it represents.
Payá
is trying to use the "Proyecto Varela" to make changes
to the law, from within, as his followers repeat time and
again. But this is an experiment extremely dangerous, because
it might give the Communist Party the perfect weapon to perpetuate
itself in the power, this time legally. The Communist Party
would achieve this by manipulating the results from the "Referendum",
that way maintaining itself in power and leaving the Cuban
People with less and less rights. A Deputy or two on the National
Assembly representing the dissidents is not match against
the more than six hundred delegates chosen by the tyrant himself
from among the Communist Party’s ranks.
Even
if the six hundred Deputies were dissidents against Castro,
they will be powerless against his totalitarian State because
it’s not the National Assemblythe one with the power to change
the Law, the State Counsel presided by Castro himself is the
one who oversights, and approves or disapproves any newly
presented Laws.
The
EEC or European Economic Community, Spain, Canada, Mexico,
and the CatholicChurch are backing the "Proyecto Varela"
because by sending one or more dissidents to Cuba’s National
Assembly, the Tyranny will sendthe message of a political
aperture. After this the EEC, Canada, Spain etc, will pressure
the United States to lift the "embargo" against
theTyranny with the argument of a softening by Castro’s regime
and the millions of dollars that will enter Castro’s coffers
will strengthen and perpetuate his regime in power. After
all this the EEC and company will not loose the millions that
their governments and some private companies have spend in
Cuba.
In
the article 4.A.4.3.
(page 16) of his "Proyecto
Varela" when Payá states that in order to become
a candidate they have to live for at least one year in Cuba
he is excluding the Exiled community
for one year, and thus giving time to the "Elite"
of the Communist Party to carve up their share of what’s left
of Cuba’s treasury, this "Elite" will probably make
new Laws forbidding the Cuban people, the Cuban-Americans,
and the Americans who had any properties in pre-Castro’s Cuba
from any future lawsuits as compensation from confiscated
and stolen property and from the exploitation of the Cuban
workers by some of the mix industries with permission to operate
in Cuba. (page 6)
This
looks like a new "Paris Treaty" but this
time not only the Cuban people is being left out, the Cuban-Americans,
and the Americans with properties in Cuba are also excluded.
Payá
named the Project as "Proyecto Varela" because the
Father Felix Varela was elected as Deputy to the Courts in
1821.
Under
the rule of Nicolas Mahy, Cubans celebrated the first election
to send Deputies to the Spanish Courts, they elected as Deputies
three revered Cubans, Tomas Gener, Leonardo Santos Suarez
and Father Felix Varela who defeated the Spaniard candidates.
This election caused a commotion on the Island and a big disappointment
in Spain. Those Deputies tried to make a good job serving
their country in the Spanish Courts, but all their attempts
and proposals were presented in vain, due to the intransigence
of the Spanish parliamentarians, whom denied the Cubans all
the Rights about the government of the Island.
That
group of Delegates was expulsed from the Courts and because
of this they had to live a life of persecution as political
exiles, they had to leave Spain andwere unable to return to
Cuba legally. Father Varela lived in San Agustin, a small
town in the State of Florida for many years and he died there
in 1853, withoutstopping for a minute his work and fight for
Cuba’s independence as a convinced separatist.
As
you can see there is a precedent to the "Proyecto Varela"
and it was no other than the Father Felix Varela who tried
to do his emancipator work from within the enemy’s territory,
the Spanish Courts. But no matter how talented and how good
he and the other delegates were as politicians, they could
not achieve any of their goals in favor of Cuba’s independence
due tothe intransigence of the rest of the Delegates of the
Court.
Another
article on which Payá bases his Project is Art.
66 "The strict following
of the Constitution and its lawsis inexcusable duty of everyone."
If
you follow Art.
62 strictly,
this article would be redundant. We Cubans can not successfully
leap from Totalitarianism to a Democracy without first learning
the art of consensus and political coalitions and this will
only be achieved after the disappearance of the Tyranny and
the Communist Party it represents with it.
The
Constitutional Reform approved in June 26,2002 with a "Referendum"
made by Castro with the "signatures" of 8,198,237
electors: Art.
137 "...and it is proposed that
the socialist characteristics and the political and social
system contained within be declared irrevocable, as a dignified
and categorical answer to the exigencies and threats of the
imperialist government of the United States in May 20, 2002."
with this,the Tyrant tried to close
the loophole on the 1976 Constitution, but he did notderogated
Art. 88 (page 19) on which
the "Proyecto" is based, leaving the door open to
the "Proyecto Varela".
This
is why we think that Castro will use the "Proyecto Varela"
as an escape door for him and his closer followers, if the
United States liftsthe embargo, Castro will achieve an Icon
status among the Left and the Communists only compared with
that of Ernesto "Che" Guevara whom he left without
resources in order to get rid of him in Bolivia‘s wilderness,it
will be his greatest political victory and the Communist Party
of Cuba will perpetuate itself in power as have the Peoples
Republic of China’s Party.
We
do not want this for the future of our Island Nation, and
we are sure the United States representing the rest of the
Western Free World does not want it neither. Cuba before 1959
was an allied of the United States, not an enemy who sends
spies even to the heart of the Intelligence Agency in the
Government, the Defense Intelligence Agency or DIA. There
are several ties that put Cuba closer to the United States
than to any other country in the Hemisphere like the time
when the Aristocrat Ladies of Havana made a fundraising event
where they sold their precious jewels in order to raise some
money and thus buy guns and ammunitions that they could send
to the American Patriots that were trying to free their country
from the English Monarchy. Another example the Father Felix
Varela besides building hospitals for the poor, Churches and
Cathedrals , was a beloved Mayor of the State of New York.
There
are other alternatives to achieve our Homeland’s freedom inside
of Cuba among the Opposition ranks, one is the Assembly to
Promote the Civil Society with Martha Beatriz Roque as one
of the members of the Group of Organization and Coordination
of such Assembly of three hundred and eight different Organizations
(worth several thousand oppositionists) sending a message
of 1) opposition tothe actual regimen; 2) freedom to the political
prisoners; 3) respect of the Human Rights from the Government:
4) democratic freedoms; and 5) no discrimination of the Cubans
respective to foreigners. They are against the lifting of
the embargo and they do not believe that it is possible to
make changes from "within the law."
Another
opposition leader with worldwide respect was re-incarcerated
thirty seven days after being liberated from prison, his name
is Dr. Oscar Elias Biscet and he is a pacifist, antiabortion,
catholic activist who was sent to jail for three years for
protesting outside of the Hospital he used to work because
of the excessive amount of abortions that were performed there.
He participated in the famous "Tamarindo 37 fast"
with several opposition leaders and is a believer of Martin
Luther King and Mahatma Gandhi's peaceful practices of civil
disobedience. Dr. Oscar Elias Biscet’s wife stated in an interview
by journalist Maria Marquez that she signed the "Proyecto
Varela" without knowing its content because she thought
that she was doing something against Castro, something for
Cuba’s freedom and know after studying it she as her husband
does,is against the "Proyecto Varela."
"Credulity
is the patrimony of the ignorant. The experience and the reasoning
are the only sources or rules of the knowledge."
"...can
not boast himself of being a Patriot he who wants to subdue
the society to unnecessary experiments." "...the
most cruel of despotism is the one exercised under the mask
of Freedom."
-
Father Felix Varela
"
We are free, but, not to be evil, not to be indifferent to
human suffering,not to profit from the people, from the work
created and sustained through their spirit of political association,
while refusing to contribute to the politicalstate from which
we all profit. Once again we must say no! Man is not free
to be an impassive witness to the enslavement and dishonor
of other men, nor their struggles for liberty and honor."
"
The world is divided into two fields: one is filled with those
who hate freedom because they want it only for themselves.
The other is filled with those who love freedom and want it
for everyone."
-
Jose Martí
"
Rebellion to Tyrants is obedience to God."
-
Thomas Jefferson
Bibliography
"Proyecto
Varela" http://www.mclpaya.org/
"Cuba’s Constitutions" www.georgetown.edu/pdba/Constitutions/Cuba/cuba1992.html
"Motivos y culpables de la destrucción de Cuba" by
José Lopez Vilaboy.
"El Cantar de Marti" by Hubert Perez Mariño
"Felix Varela, Frases de sabiduria" by Dr. Rafael
B. Abislaiman
Analysis
and Project translated and prepared by:
New Generation Cuba’s Board of Directors
P.O.
Box 347673
Coral Gables, Florida 33234-7673
(305) 491-5884
e-mail: NGCuba@aol.com
web page: www.ngcuba.org
membership:
NgCubaEnrollment@cs.com
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