IDENTIDADES 1 ENGLISH IDENTIDADES 3 ENGLISH | Page 54
Fortunately, Constitutional Consensus comes
from other, previous consensuses. What we were
able to conclude from our debates was the need
for a classic division of power, importance of a
court of constitutional guarantees, and need for a
new constitutional assembly to ratify the consti-
We also came to a consensus about what one
might call the Thai experience. It involves more
the work of turning our demands, complaints and
concrete needs into constitutional ideas-powers,
and less a discussion with citizens about which is
or should be the best constitutional point of de-
Antilla, Holguín
tutional framework that will run the country—by parture for promoting change or reform in this diexpressing the will of the citizenry. This would
rection.
not be an expression of the will created by politiA segment of our participants decided that the
cal parties as real or supposedly representative of
path to pursue is to go on and identify citizens
people’s interests, but rather a direct expression
who think this way and later invite them to exof these.
press what they think, would want, or believe
There was a lack of consensus at a crucial point
should be the legal and constitutional content of
in our political debate: whether or not the Constiour Laws. This process has already been initiated
tution endorse social content, following referin Cuba by the Nuevo País project.
ences in Latin American New Constitutionalism,
What were some of the other things about which
which originated at the University of Valencia, in
we reached consensus? The need to move forSpain. Or, whether or not it should abstain from
ward on a law regarding political parties and other
including them. We cannot forget that Cuban sorelated laws involving economics, unions, and
ciety has experienced a social utopia that is incore ideas regarding the material content of a Cugrained in the mentality and naturalized aspiraban constitutional process.
tions of Cubans. Of course, given the current state
There are also projects under way related to laws
of things, and all the negative experiences and refconcerning the rights of minorities, racial issues
erences stemming from the Cuban State’s poor
and LBGTI rights.
social administration of basic needs, it was not
Until now, the gains from Consenso Constitucipossible to come to definite conclusions. This is a
onal are very clear. If what we were attempting to
sign of maturity: the subject will require more disdo first was understand that one of the most solid
cussion regarding its social implications.
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