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version, which is by definition not pluralist, is
their disdain for the country’s cultural pluralism
and the rich origins of our nation’s nationality.
This kept these documents from reflecting our
true nature in the conceptualization of them. The
fact that the State and Communist Party of today
institutionalized a department that governs over
our diverse religions is a way of them situating
themselves above Cuban culture; it reflects a political and ideological arrogance that is bent on
denying the ability of Cuba’s constitutions from
acknowledging and protecting diversity.
Another series of arguments concentrated on the
idea that despite the fact the 1940 Constitution
was and is exemplary in many ways, it belongs to
a very controversial moment in our history, a time
that when recalled would fuel disagreements
about things distant from Cuba’s needs today. In
addition, it would require so many changes and
reforms that it would not be worth the work and
double effort to discuss a divisive past to in any
event transform an institution that is already rescued yet disconnected from most of the Cuban
citizenry. From this stems the idea that society is
better defended by and better identifies with
something it, itself, creates than with something it
is handed. More over, the problem with both the
1940 and 1976 constitutions is that they were created and authorized by the past and those in
power. Today’s citizens have little to do with
them, but they have a lot to do with the possibility
of participating in the creation of a new agreement or accord in our time.
After all these years of living without the Rule of
Law or a strong Constitution, we Cubans should
ideate and conceive a new one. Earlier constitutions would poison the debate with ideas, words,
and expressions with which we are unfamiliar or
do not reflect the majority of our aspirations and
expectations. Starting with something new has
the advantage of us being able to understand each
other through language that most Cubans utilize
today: a popular, unaffected language. The Constitution’s laws and articles should be written
with a language and forms that are accessi