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He Migration Bill The bill presented by the National Assembly of People's Power of Cuba has raised concerns due to its lack of transparency and the excessive power it grants to immigration authorities.
What changes for Cubans?
Among the most significant aspects of the proposal is the limit on stays abroad. The 24-month limit for Cubans to lose their residency while abroad is eliminated, and the category of “effective migratory residency” is introduced.
What is effective immigration residency?
The concept of “effective migratory residence” in the Cuban context, according to the statements from the lawyer Giselle Morfi to CubaNet, This refers to the status that both Cuban citizens and foreign residents can attain when they have spent the majority of their time within the national territory during the calendar year prior to certification. It can also be achieved when there is a period of residence combined with material evidence of established ties to the country.
The regulation does not clearly define what "most of the time" means, nor does it specify the required period of residence or what constitutes tangible evidence of ties to the community. This creates uncertainty and a lack of transparency.
The decision regarding effective residency rests with the director of the Immigration and Foreigners Identification Directorate, which allows for discretionary decisions without clear criteria established by law.
The procedure for verifying residency requirements is not regulated in the bill. This means that decisions can be arbitrary and lack legal safeguards.
Although “effective immigration residence” is presented as a new term in the bill, the lack of clarity and specific regulation raises serious transparency issues and may lead to arbitrary and discriminatory decisions.
The lack of definition and clarity in the law reflects a strategy of concealment and opacity, violating the principle of government transparency and the right of citizens to access information, as established in the Cuban Constitution.
What implications does the bill have for regulating entry into and exit from the country?
The regulation establishes prohibitions based on “national security and defense” without clearly defining these terms, which could lead to arbitrary applications. Furthermore, it grants broad powers to the Immigration and Foreigners Identification Directorate to control these measures, without clear procedures for challenging arbitrary decisions. This poses a significant risk of human rights violations and a lack of legal safeguards for citizens.
The Immigration and Foreigners Identification Directorate has broad powers to issue, direct, and control measures of inadmissibility and departure from the national territory. This means that this entity can decide who enters and who leaves the country without needing to go through a specialized, impartial, and independent court, the lawyer explains.
The law does not establish clear procedures for appealing these decisions, which could lead to abuses and human rights violations. Decisions to restrict entry or exit must be based on legitimate and demonstrable reasons and must be proportionate to the harm they are intended to prevent. However, the lack of clarity in the bill makes it difficult to guarantee these conditions.
Cubalex's lawyer suggests that these decisions should be in the hands of a competent court and not a body of the Ministry of the Interior, to avoid arbitrary decisions and ensure compliance with international human rights standards.
Concerns regarding the Migration Bill in Cuba
There are several concerns. Cubalex highlights some related to the lack of protection for citizens, the lack of legal guarantees, and possible human rights violations.
- Lack of transparency:
The project lacks clarity regarding key procedures and definitions, such as "effective immigration residency" and the specific reasons for entry and exit bans based on "national security and defense." This opacity generates uncertainty and distrust among citizens.
- Excessive authority:
The Directorate of Identification, Immigration, and Foreigners of the Ministry of the Interior would receive broad powers to control inadmissibility and departure measures. These decisions should be in the hands of a specialized, independent, and autonomous court, not a militarized state body.
- Human Rights Violations:
The proposal could lead to arbitrary restrictions on fundamental rights and freedoms, without the necessary legal safeguards. This contravenes international human rights standards and the Cuban Constitution itself, which establishes the right of citizens to complete and truthful information.
- Recommendations:
It is crucial that the Cuban government review and amend the draft law to include clear and transparent procedures, precisely define the terms and criteria used, and ensure that decisions regarding entry into and exit from the country are made by an independent tribunal. This will help ensure that the law complies with international human rights standards and constitutional obligations of transparency.
Here you can consult the text of the Migration Bill, published by the Cuban Parliament: