The National Assembly of People's Power of Cuba (ANPP) unveiled a draft Citizenship Law on Monday, which includes provisions for renouncing Cuban citizenship for those with a second nationality and residing abroad. The release of this document has sparked intense discussions on social media, with users, independent media, and experts examining the implications for Cuban citizens.
One of the most debated issues is the renunciation of Cuban nationality. This topic has long been a point of contention among exiled Cubans, many of whom question the current mandate that requires entry into Cuba as a Cuban citizen. This condition forces all emigrants, regardless of holding a second nationality, to enter Cuba as Cuban citizens, thereby subjecting them to the country's legal system, which imposes severe penalties for exercising rights such as free expression and assembly.
Consequently, numerous exiled Cubans have demanded the right to renounce their Cuban citizenship and travel to Cuba as foreigners, free from the national legislation and its punitive measures. Currently, matters related to "citizenship" are governed by Law No. 1312, "Migration Law," dated September 20, 1976, and amended by Decree-Law No. 302 in 2012. This law outlines the procedures for acquiring, losing, and recovering Cuban citizenship.
The new Citizenship Law draft presented by the Cuban regime incorporates regulations from Decree-Law No. 302 concerning Cuban citizenship. According to Colonel Mario Méndez Mayedo, head of the Directorate of Identification, Immigration, and Foreigners' Affairs at the Ministry of the Interior (MININT), a significant change is that the state "must accept the renunciation" if the applicant meets the legal requirements.
Renunciation Process and Responsibilities
As with the current law, the new legislation requires the interested party to submit a formal renunciation request from abroad while holding another nationality. If the conditions are met, Méndez Mayedo asserts, "the Cuban state must accept that renunciation."
"The request is only accepted when made from abroad. It is an act of high responsibility after which the Cuban citizen becomes a foreigner. There is no intention of denying a renunciation," the MININT official stated on Cuban Television.
However, he repeatedly emphasized the "high responsibility" involved in the renunciation process. "We must think carefully. Once the renunciation is approved, the Cuban state has no responsibility for that person, as they are now a foreigner. They visit us as foreigners, and the laws applicable are those for foreigners," he added.
In addition to renunciation, the draft law also addresses key concepts such as "effective citizenship," "acquisition of Cuban citizenship," and "loss of Cuban citizenship, whether by deprivation or renunciation."
Regarding renunciation, the draft stipulates additional conditions such as being over 18 years old, having no debts with the Cuban state or its institutions, not serving a prison sentence, or being prosecuted for a crime in Cuba or abroad.
The required documentation for initiating the renunciation process includes: a sworn statement before a Public Notary formalizing the renunciation request, a certification of citizenship from another country issued by the relevant authority, a certification of residence in the consulate's country, a criminal record certificate from both Cuba and the country of residence, and a certification from the relevant authorities confirming no debts with the Cuban state or its institutions.
FAQs on Renouncing Cuban Citizenship
Here are some frequently asked questions and their answers regarding the renunciation of Cuban citizenship based on the new draft law.
What are the requirements to renounce Cuban citizenship?
Applicants must be over 18 years old, have no debts with the Cuban state, not be serving a prison sentence, or be prosecuted for a crime in Cuba or abroad. They must also provide specific documentation, including a sworn statement before a Public Notary, a certification of citizenship from another country, and a criminal record certificate from both Cuba and the country of residence.
Can the renunciation request be made from within Cuba?
No, the request must be made from abroad while the applicant is in possession of another nationality.
What happens once the renunciation is approved?
Once the renunciation is approved, the individual becomes a foreigner, and the Cuban state no longer bears any responsibility for them. They will be subject to the laws applicable to foreigners when visiting Cuba.