Cuban-American businessman Carlos Saladrigas, who chairs the Cuba Study Group, firmly rejected the idea of reviving the 1940 Cuban Constitution with amendments as a basis for transition. Instead, he advocates for crafting an entirely new constitutional framework from scratch.
"The 1940 Constitution is no longer relevant," Saladrigas stated in an interview with CiberCuba, where he evaluated the economic reforms introduced by Díaz-Canel on Friday, June 12. "Why not seize the opportunity to start anew?" he questioned.
Saladrigas emphasized that a critical prerequisite for any constitutional process is the active involvement of a free and organized civil society.
"How can we enact constitutional change without the participation of Cuban civil society? Without an organized and free civil society capable of engaging and working on these issues?" he inquired.
Emergency Measures as a Transitional Solution
As a temporary measure, Saladrigas suggested that the National Assembly of People's Power enact an emergency law granting the state authority to implement temporary measures, even if they contradict the existing constitution, until a constitutional convention or new charter legitimizes them.
"The National Assembly should pass an emergency law granting the Cuban state the power to implement temporary measures that may, and often will, contradict the current constitution," he explained.
He stressed the importance of executing this process meticulously and without haste, warning that errors could have dire consequences for the nation.
"We must get it right, because if we don't, the consequences will be disastrous," he cautioned, adding that poor management could delay foreign investment and ignite countless property claims disputes.
Potential Humanitarian Crisis
Saladrigas also highlighted the human cost of delays: "Millions of Cubans will face a prolonged humanitarian crisis if order and rapid economic growth are not quickly restored."
Criticizing Díaz-Canel's reforms for lacking substantial content and immediate follow-up, Saladrigas used a popular metaphor to underscore his point.
"As the famous Wendy's ad in Miami would say: 'Where's the beef?' When they bring you the hamburger, where's the beef? And the beef is missing," he remarked.
Need for Legal Consistency in Reforms
Saladrigas acknowledged one positive aspect of the reform package: allowing Cuban expatriates to invest on equal terms with other investors, a move he deemed unprecedented.
However, he insisted that all reforms must be grounded in solid legal foundations and interconnect coherently: "What is the legal basis for each of these reforms? They all need to be consistent with each other. Otherwise, they won't work."
While the proposal to restore the 1940 Constitution has supporters among Cuban exiles—activist Armando Valladares claims it was never revoked by the Cuban people and could serve as a legitimate foundation for transition, and analysts like Julio Shiling view it as a "mechanism for healing and national reconciliation"—Saladrigas concluded with a cautionary note summarizing his stance: "The country needs time. Cubans need our time. We must do it right."
Understanding the Future of Cuban Constitutional Reform
Why does Carlos Saladrigas believe the 1940 Constitution is outdated?
Saladrigas argues that the 1940 Constitution is no longer relevant and that Cuba should build a new constitutional framework from the ground up to effectively address current challenges.
What is required for a successful constitutional change in Cuba, according to Saladrigas?
Saladrigas states that a successful constitutional change necessitates the involvement of an organized and free civil society that engages in the process and works on relevant issues.
What temporary solution does Saladrigas propose for Cuba's transition?
He suggests that the National Assembly should pass an emergency law allowing the state to adopt temporary measures that may conflict with the current constitution until a new constitutional framework is established.