Cuba: Opening Pandora’s Box?

By Fulton Armstrong

Cuba constitutional reform

Reading about the constitutional reform project in Cuba. / Twitter: @SoberonGuzman

The constitutional reform process that the Cuban government is undertaking — controlled and cautious — and adjustments to one or two regressive regulations may be setting in motion political dynamics that will fuel pressure for more change.  After months of consulta popular, the constitutional drafting committee is preparing a new draft for consideration by the National Assembly during a two-day session beginning December 21.  Current plans are still for it to be subjected to a referendum vote in February 2019.

  • Skepticism about the real impact of the consulta, which reportedly resulted in hundreds of thousands of written comments, is deep, but most non-governmental observers believe that participation was so strong that the popular input had an impact. Debate about Article 68 — establishing the constitutional right of same-sex marriage — was most obvious.  Evangelical churches, with Catholic support, led the push against it, organized demonstrations, and circulated posters easily visible on Havana streets.  Local observers report that government officials were surprised by the mobilization and, fearing the article will spark abstention from the referendum or votes rejecting the whole constitution, now face the challenge of balancing the forces for and against it.
  • Debates are reportedly also taking place, including among senior officials, about the role of the Communist Party. Observers say that the party has accepted its subordination to the constitution and laws of the country, but — while it will remain the “fuerza dirigente superior de la sociedad y del Estado” — there reportedly is no consensus on its exact role and relationship with the government.  Another controversial provision deals with vague limits on the “concentration of property” versus the “concentration of wealth.”

The government’s handling of opposition to regulations announced last summer (but scheduled to take effect this month) has also left opponents — justifiably skeptical about any government signals of compromise — wondering where process and policy are headed.

  • The day before a regulation tightening controls on private sector businesses was to be implemented on December 7, the government rescinded several harmful provisions. Under the original version, Cubans could hold only one business license, and private restaurants could have no more than 50 chairs, but both measures were overturned as a result of private sector complaints, according to Labor and Social Security Minister Margarita González.  In a speech to law students, President Díaz-Canel reportedly emphasized the importance of cuentapropista input as well.  There were also hints of a softening of a regulation increasing government control on artists — requiring their credentials to hold shows be validated by a government office — when the government delayed implementation and said it was subject to further elaboration.  With both regulations, officials tried to appear to be listening to the strong opposition they faced.
  • The government has left in place, however, new controls on private transportation operators, particularly the ancient private vehicles (almendrones) running on established routes where public buses are lacking. The government claimed drivers were overcharging, not paying taxes, and not maintaining their cars adequately.  The measure itself, as well as many private drivers’ work slowdown and surrender of their special transport licenses in protest, have significantly hindered Havana citizens’ ability to get around the city.  The government has announced that it is importing several hundred microbuses to cover the routes but has given no sign of compromise on the regulation.

The road to reform in Cuba is littered with unfulfilled expectations; the skepticism of common folk affected by the revised constitution and various regulations, as well as government opponents, is not unwarranted.  It is impossible that the National Assembly could give the thousands of proposed changes to the constitution draft serious consideration in a two-day session.  But some aspects of the ongoing processes, such as the government’s recognition of affected sectors’ concerns, appear likely to create new expectations of government attentiveness and even civic participation.  Non-fulfillment of those expectations may not lead to destabilizing protests in the short term, but it would be yet another negative signal about the Party’s willingness to allow the country to evolve toward the new and more stable model it has claimed interest in establishing since 2011.  The public statements of former President Raúl Castro, President Díaz-Canel, and others suggest awareness that, in the post-Castro era, legitimacy will come from economic results and improved living standards – which require broader and deeper public inputs into policymaking.  Everyone will be watching whether the recent, partial consultations were a short-term show, an experiment, or a hint of a shift in approach.

December 18, 2018

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