The National Assembly of People's Power in Cuba unveiled a draft Citizenship Law on Monday, aiming to "develop the current constitutional principles and establish a coherent and modern legal framework regarding citizenship." According to a document shared by the Cuban legislative body on its official website, the proposal enumerates various principles such as effective citizenship, equal rights, and addresses the acquisition, renunciation, loss, and recovery of citizenship, as well as its registration.
The document highlights that historically there have been regulations on citizenship on the island, such as Decree 358, the "Citizenship Regulation" from 1944, and Decree-Law 352, "On the Acquisition of Cuban Citizenship by Birth for those Born Abroad to Cuban Parents," from 2017. However, these regulations failed to fully develop the constitutional principles, especially following the 2019 referendum.
Key Provisions of the Draft Citizenship Law
The draft law, like previous proposals on Migration and Foreign Affairs, aims to "promote citizen participation and contribute to the legal culture" of Cubans. It explains several key provisions, including:
Effective Citizenship: Cuban citizens must use their Cuban citizenship to enter, stay, transit, and leave the national territory and for identification in all legal and political acts conducted within national territory. Acquiring another citizenship does not mean losing Cuban citizenship.
Equal Rights: Cuban citizens by birth or naturalization enjoy equal rights and have similar obligations, except in cases where the law states otherwise.
Acquisition of Cuban Citizenship: Citizenship can be acquired by birth or through naturalization.
Renunciation of Cuban Citizenship: Renunciation is only accepted when done from abroad and the applicant must have another citizenship to avoid statelessness. Other conditions include being over 18 years old, having no debts with the Cuban state or its institutions, not serving a prison sentence or being pursued for a crime domestically or internationally.
The necessary documentation for initiating the renunciation process includes a sworn statement before a Notary Public formalizing the renunciation request, certification of citizenship from another country issued by the appropriate authority, certification of residence in the country where the consulate is located, and police and criminal background checks from both Cuba and the country of residence. Additionally, a certificate from the relevant authorities confirming no debts with the Cuban state or its institutions is required.
Loss of Citizenship: Cuban citizenship can be lost if obtained fraudulently or if naturalized Cubans fail to confirm their intent to maintain Cuban citizenship at the Cuban consulate while abroad, as stipulated by law. Loss of citizenship, whether by deprivation or renunciation, impacts immigration status and is subject to the rules established in the Migration Law.
Recovery of Citizenship: The document states that the right to recover citizenship can be exercised only once, regardless of the cause of loss.
The Citizenship Registry will be managed by the Directorate of Identification, Migration, Foreign Affairs, and Citizenship of the Ministry of the Interior. This entity will register Cuban citizens by birth and by naturalization, and record decisions regarding renunciation, loss, deprivation, and recovery of Cuban citizenship.
Understanding Cuba's New Citizenship Law
To help clarify the implications of the new citizenship regulations in Cuba, here are some frequently asked questions and their answers.
What are the main conditions for renouncing Cuban citizenship?
The conditions include being over 18 years old, having no debts with the Cuban state or its institutions, not serving a prison sentence, or being pursued for a crime either domestically or internationally, and having another citizenship to avoid statelessness.
Does acquiring another citizenship mean losing Cuban citizenship?
No, acquiring another citizenship does not automatically result in the loss of Cuban citizenship.
Can Cuban citizenship be recovered after renunciation or loss?
Yes, the right to recover Cuban citizenship can be exercised once, regardless of the reason for its loss.