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According to information by María Antonia Hidalgo Mir from Holquín Press, on August 31st 2008 a gathering about civic matters was realized by the movement Carlos Manuel de Céspedes at the independent library José Martí with the participation of six pacific opponents. At this occasion the lecture and debate of the gathering revolved around the book “Fundamental rights and the juridical and institutional order in Cuba” by Ricardo Manuel Rojas. According to Expósito Saldivar “it was agreed on continuing those studies in future meetings because of the profundity of the analyzed book and the importance it has for those fighting for pro democratic ideas on this island”.
The book “Fundamental rights and the juridical and institutional order in Cuba” written by the Argentinian jurist Ricardo Manuel Rojas was edited in July 2005 by CADAL, the foundation Friedrich A. von Hayek and the Foundation Konrad Adenauer and obtained the international Antony Fisher price 2006.
The study of Rojas examines the institutional and juridical system of Cuba based essentially on official texts: Its constitutions of 1976 and 1992, the criminal code, the law 88/99, Fidel Castro’s discourses published by the government’s official organs and judicial sentences dictated mainly by popular tribunals. The book includes an annex which contains as well the constitution and analyzed legal texts of Cuba as the basics of the so called “Proyecto Varela”.
Recently, CADAL and the Friedrich A. von Hayed foundation published another book of Ricardo Manuel Rojas “Elements of the constitutional theory. A proposal for Cuba”. This new book states that after half a century of dictatorship, Cuba should unrelengtingly face the challenge to reorganize its republican institutions around a new constitution. In this framework the new study of Ricardo M. Rojas tries to systemize those elements of institutional theory developed by the political liberalism that should serve as a base for this future constitution. At the same time it offers a basic model of a constitutional text that gathers those elements starting from the two predecessors Cuba had: the constitutions of 1901 and 1940.
CADAL thanks all individuals, organizations and the committed diplomacy of democratic countries for facilitating the arrival of its books to those working peacefully and in a permanent hostile climate in Cuba for the promotion of the political opening of their country. We hope that those and other publications by CADAL serve as an input for Cuban democrats to realize a successful transition which we now will happen soon.
