Is Renouncing Cuban Citizenship Possible?

The possibility of renouncing Cuban citizenship has ignited discussions on social media following the announcement of a new Migration Law project by the government this week. This proposal emerges within a context of scattered and complex Cuban legislation, raising numerous questions about the rights of Cubans abroad and the regulations governing them.

Lieutenant Colonel Roilán Hernández, Head of the Legal Advisory Department of the Ministry of the Interior, stated on National Television this Thursday that renouncing Cuban citizenship is tied not only to the upcoming Citizenship Law but also to an article in the 2019 Constitution.

"It is related to Article 36 of the Constitution of the Republic, which describes the principle of effective citizenship. This principle establishes that Cubans do not lose their Cuban citizenship by acquiring another. No measures will be taken in the country regarding this," expressed the Lieutenant Colonel.

He warned that this also requires Cubans to act as nationals while in the country, meaning they cannot exercise another citizenship within Cuban territory.

"According to this norm, a Cuban must identify with their national passport, their Cuban passport, not with another citizenship's passport when entering Cuba," emphasized the official.

Legal Framework and Future Prospects

Legalis Cuba, a platform run by jurists from the independent media ElToque, pointed out that while the Migration Law project mentions the possibility of renouncing Cuban citizenship, this option would not be available immediately after the law's approval.

The 2019 Constitution, in Article 38, stipulates that a law must define the procedure for renouncing and losing citizenship, but such a law has yet to be issued.

If approved, the Migration Law would classify Cubans who renounce their citizenship as foreigners. These individuals would need to present a foreign passport for entry and exit purposes. However, the Migration Law alone is insufficient to regulate this process; a Citizenship Law is required to clearly establish the procedures for renouncing Cuban citizenship.

Since 1976, when the right to renounce citizenship was included in the Constitution, no legal framework has been implemented to allow Cubans to exercise this right. The new Migration Law project mentions this possibility but does not provide a complete legal framework to execute it.

Legal experts like Eloy Viera Cañide, coordinator of ElToque Jurídico, warned in an interview with journalist Mario Pentón that Cuban authorities have claimed to be working on a Citizenship Law, but its enactment has been repeatedly delayed.

The lack of a clear and defined law allows the regime to use deregulation as a mechanism to impose obligations on citizens without guaranteeing full rights. An example is the obligation to enter and exit Cuba with a Cuban passport, even for those with dual citizenship.

The Legislative Schedule approved by the National Assembly of People's Power (ANPP) for 2024 includes the approval of the Citizenship Law along with other significant laws. However, this project has not been published yet, suggesting that its approval might not occur within the expected timeframe.

The current Migration Law project, in its Title V, Article 56, outlines the migratory treatment for those who renounce Cuban citizenship. Once their renunciation is approved, these individuals will be considered foreigners and must meet the corresponding immigration requirements, including the presentation of a foreign passport and visa.

While the theoretical possibility of renouncing Cuban citizenship has existed since the 1976 Constitution and is mentioned in the Migration Law project, the absence of a specific Citizenship Law prevents the immediate exercise of this right. The approval and enactment of such a law are necessary to clearly establish the procedures and competent authorities for renouncing Cuban citizenship, something the island's authorities have so far avoided.