Heredia

CAMPAIGN FOR THE RIGHT Of CUBANS TO TRAVEL FREELY

 1. Cuban Dear Brother : I enclose a ballot in which the bill is National Reunification , which is a law to cease and forever eliminate all discrimination against Cubans in their own country . We are confident that when you read the "considering" and the text of the law that we propose will discover the correctness and necessity of guaranteeing these rights in law. In practice these rights are violated and some may still be violated again because they are not law. This proposal was submitted by relying on Article 63 of the Constitution , the National Assembly of People's Power , by two citizens in December 2007 . Now we will present it with your signature and more than 10,000 Cubans because still in Cuba travel is not a right. You have to ask permission from Immigration and , if the person is a doctor, nurse or the appropriate Minister who decides whether or not to give him a call "letter of release ". That is a denial of freedom of the person. The Constitution , in Article 88.g , guarantees the right of citizens to " bill ", ie , to introduce bills , but must do so in a number of at least 10,000 voters. Read carefully and , for the sake of all Cuban families , with your signature supports this bill , which is your constitutional right. If someone tries to stop you exercise the right to sign it, commits an offense punishable under the Penal Code . Thank you.Jose Oswaldo Paya SardinasHavana , July 27, 2010Two . SUBMISSION TO THE NATIONAL ASSEMBLY OF PEOPLE'S POWER AND PRESENTATION OF BILL NATIONAL REUNIONHavana , December 18, 2007Mr. Ricardo Alarcon de Quesada ,President of the National Assembly of People's Power .Honourable Members of the National Assembly of People's Power .Dear compatriots :We Cubans , supported by article 63 of the Constitution , we present to you this Citizen Petition with the underlying considerations .Considering that the Republic of Cuba is a signatory to the Universal Declaration of Human Rights , which in Article 13 states that "everyone has the right to freedom of movement and residence within the territory of a State ... and to leave any country, including own, and to return to his country. "Considering that the signatories of the Universal Declaration of Human Rights have pledged themselves to achieve, in cooperation with the United Nations , universal respect for observance of human rights and fundamental freedoms .Considering that the Cuban government proposed and sponsored in December 1998, the General Assembly of the United Nations , a resolution entitled " Respect for the right to universal freedom of travel and the importance of family reunification " was approved by a large majority of Member States of the United Nations Organization .Considering that some regulations and practices violate the rights of Cuban citizens to travel to Cuba freely leave and return freely to the country , and in turn deny these rights to the Cubans who reside permanently outside Cuba .Considering that many Cuban families suffer separation by some members live in other countries and the restrictions of the regulations and practices of government institutions that prevent them from meeting and reunification free in their own country .Considering that Article 42 of the Constitution prohibits "discrimination on grounds of race , skin color , sex , national origin, religious beliefs or any other offense against human dignity."Considering that there are regulations and practices that violate Article 9, paragraph b ) and 43 of the Constitution to prevent free access of Cubans to hotels, beaches, keys and other places of recreation and relaxation , as well as the free movement of Cubans throughout the national territory and the right to settle in any province or district of Cuba .Considering that Article 63 of the Constitution guarantees that " every citizen has the right to lodge complaints and petitions to the authorities and to receive care or pertinent response time, in accordance with the law" .Considering that Article 9 of the Constitution of the Republic of Cuba states that "the State carries out the will of the working people and [ ... ] guarantees freedom and the full dignity of man, the enjoyment of their rights, the exercise and enforcement of his duties and the development of his personality. "Request : that the People's National Assembly discussed and approved the following draft National Reconciliation Act .Wishing you, members , their families and all Cuban families peace and happiness this Christmas and next year 2008 . Respectfully,Jose Oswaldo Paya SardinasLazarus Minervo Chil SiretThree . BILL NATIONAL REUNION : PROJECT HEREDIATitled in homage to exiled Cuban poet and patriot , Don José María Heredia.Whereas: Article 1 of the Constitution proclaims that " Cuba is a socialist state of workers , independent and sovereign , organized with all and for the good of all , as a unitary and democratic republic , for the enjoyment of political freedom , social justice , individual and collective well-being and human solidarity . "Whereas: Article 42 of the Constitution prohibits "discrimination on grounds of race , skin color , sex , national origin, religious beliefs or any other offense against human dignity."Whereas: the Cuban state proposed and sponsored in December 1998, the General Assembly of the United Nations , a resolution entitled " Respect for the right to universal freedom of travel and the importance of family reunification " was approved by a large majority of Member States of the United Nations Organization .Because : it is necessary to enact a law that recognizes and guarantees the right to universal freedom of travel , facilitate the reunification of Cuban families in the country and overcome discriminatory practices against Cuban for being a Cuban , being of a certain region the country or its political and religious ideas .Whereas: Article 70 of the Constitution provides that the National Assembly of People's Power ' is the only body with the power [ ... ] legislation in the Republic. "Whereas: Article 75 of the Constitution lists among the powers of the National Assembly of People's Power , 'approve [ ... ] laws . "Therefore , the National Assembly of People's Power , in exercise of the powers conferred on it by Article 75, subsection b ) of the Constitution of the Republic , adopts the following :NATIONAL LAW REUNIONChapter I : generalArticle 1.a ) This Act is intended to recover some citizens rights enshrined in the Constitution , but so far not recognized or respected in law or in practice , to achieve other rights not enshrined , nor denied in the Constitution but proclaimed in the Universal Declaration of human rights and other international instruments for the protection of human rights of the Republic of Cuba is a signatory.Article 1.b ) Consistent with the previous section, this law allows free contact and meeting among members of Cuban families and voluntary reunification in our country , guarantees the rights to freedom of movement and choice of place of residence all Cubans in our country , Cubans guarantees the right to freely leave Cuba and the right to freely enter and remain in Cuba , if they wish , enjoying all the rights granted to Cubans on the Constitution and the laws and recognizes and guarantees the rights of citizens to Cubans living outside our country and children.Chapter II : CitizenshipArticle 2 . It proclaims the full status of all Cuban exiles and émigrés and their children , and shall restore full rights as Cuban citizens , including the right to return and settle in their homeland. The regulations will be established to facilitate the exercise of this right in a quick, orderly and safe , and never to deny this right to any Cuban .Article 3 . The children of Cuban citizens eligible for citizenship of their parents. This will only be required upon request.Article 4.a) Cubans have lost their Cuban citizenship may regain prior claims process .Article 4 b ) Upon approval of this law , official Cuban institutions establish regulations that will ensure in practice that Cubans facilities listed in the preceding paragraph of this Article and Articles 2 and 3 of this Act to obtain their Cuban passport and other documents testify his Cuban citizenship status no later than thirty ( 30 ) days of filing the written request of the person concerned to the consular authorities or the authorities in Cuba , by relatives or legal representatives . In the application for citizenship or passport , but will need to demonstrate by any country passport , birth certificate or affidavit that the applicant was born in Cuba or that one parent was born in Cuba . If the applicant is a minor, the application must make at least one parent .Chapter III : equalityArticle 5 . All Cuban citizens , male and female , reside in Cuba or abroad , temporarily or permanently , enjoy all the rights of citizens enshrined in the Constitution and the laws , and subject to the same duties .Article 6 . Cease any discriminatory practices against citizens for being a Cuban . All Cubans can enjoy all the hotels , beaches, resorts , restaurants and recreation centers . They can also use , without separation , all public transport and have free and equal access to the Internet , email, wireline and wireless , cable and satellite television , and other technological advances . The violation of this article shall be punished by law.Article 7 . Cease any discriminatory practices against citizens for their political or religious beliefs. All Cubans are entitled to take any job or position according to their abilities and university studies in any of the higher education institutions of the country. It eliminates the discriminatory and exclusionary practice that " college is for revolutionaries ." The violation of this article shall be punished by law.Chapter IV : mobilityArticle 8 . Cubans can move freely throughout the country and establish residence in the province and area of your choice. No Cuban can be declared illegal in their own country.Article 9. Internal exile is prohibited . No Cuban can be excluded to reside , visit or transit any province or region of the country .Article 10 . It outlaws the category of " frozen zone " in regard to privileged neighborhoods and exclusive residential areas , restricted for most Cubans , they constitute a form of discrimination against Cubans in their own country and a violation of the Constitution and civil rights.Article 11. All Cuban citizens have the right to set contract work inside and outside of Cuba , both state and private entities , and to receive in full the agreed wage as a result of their work , meeting the statutory taxes , as respect for your labor rights .Article 12. All Cuban citizens have the right to travel abroad. To do this , you only need to present a valid passport in sea or air ports established by law.Article 13. All Cuban citizens have the right to emigrate , without this undermining his status as a Cuban or constitute grounds for disqualification or defamation. It removes the exclusionary and ominous category of " final departure " for citizens who have emigrated or wishing to emigrate. Be respected at all times , properties, bank accounts and assets of Cubans who emigrate from the entry into force of this law , and their rights.Article 14. No Cuban want to emigrate may be punished in any way , for this reason. Thus , they are not working may impose obligations or conditions or waiting periods for exercising their right to leave the country .Article 15. It eliminates both the obligation to submit a "letter of invitation" , as applying for a permit to leave the country and a " clearance letter " or workplace permission to go abroad , whether to travel temporarily or emigrate. No Cuban immigration procedures will be performed in official offices to travel outside the country, except in cases of minors to notify the permission of their parents or guardians.Article 16. Cease all Home Office practice to open a file and an investigation into citizen who wants to leave Cuba .Article 17. The formalities to travel abroad and to emigrate will be charged in pesos and in an amount according to the purchasing power of citizens.Article 18. All Cubans residing abroad , either temporarily or permanently , may enter and remain in country and out of it only upon presentation of your passport or legally authorized . It eliminates the need to obtain a special visa or permission to enter Cuba to Cubans living abroad for any reason.Article 19. All Cubans residing abroad can return to live in Cuba , temporarily or permanently , by his own decision. These should formalize their application for residence in Cuba once they have returned home .Article 20 . No Cuban can be expatriated . Neither may be prohibited entry into the territory of the Republic of Cuba through legal and sea and air ports established by law. The ban on leaving the country can only be ordered by a competent court , in accordance with the law.Article 21. It prohibits any discriminatory practice classification and Cuban exiles or have emigrated, or who migrate , for any reason.Chapter V : PropertyArticle 22.a) All Cuban citizens have a legitimate right to continue living in your home and no one can deprive him or deprive him of his property or dwelling property legally . No one may claim to any family , nor the state, housing that the government has confiscated before the entry into force of this law and is legally inhabited by another family , which can not be claimed compensation.Article 22.b ) will not be accepted or processed claims for repayment , damages or compensation for houses and other buildings that are legally inhabited by individuals or families and constitute your homestead , or similar claims are recognized Cuban citizens through other States .Article 23.c ) They may not be returned to their former owners or descendants or privatized , properties that have a social function or are installed in centers or institutions , such as, among other schools, kindergartens, schools , cultural and social and human promotion , hospitals , clinics , houses the family physician , nursing homes , maternity and health-related centers , housing or housing communities , parks, social , aqueducts , land that has been given to farmers , beach areas , campers and other recreational natural areas , roads, dams, canals , parks, protected areas , sports fields , basins and bays , springs , mines and deposits , funeral homes , ports, bus terminals and railway airports, circulation areas and public use and any other lands , industries, companies , institutions and facilities of national interest and collective benefit.final provisionsFirst, the National Assembly of People's Power and the ministries and other agencies of the central state administration authorities, reviewed and revised many laws or regulations are linked to the rights recognized in the present law , and shall contain whatever additional measures and regulations are necessary
to more effectively ensure the exercise of these rights.Second, repealing few laws or regulations that conflict with the provisions of this law, which shall take effect from the date of its publication in the Official Gazette of the Republic.