GUSTAVO GUTIERREZ Y SANCHEZ

Cuban Lawyer, Jurist, Politician, Diplomat, Economist.


1895-1959

Speaker of the House, 1940 (portrait by Valderrama)

Jurist Politician Diplomat Economist

Professor of International Law, School of Law, University of Havana-1919-1934.
Secretary/treasurer-Cuban Society of International Law, 1920.
Legal Counsel to Secretary of State-1925-29
Delegate- VI American International Conference, 1928
Delegate/Technical Counsel-Conference on Conciliation and Arbitrage, Washington-1928
Secretary General-First Pan-American Conference of Municipalities, 1928
Delegate Plenapotentiary-Conference on Trademarks, Washington, 1929
Director of the International American Office for the Protection of Trademarks and Commerce, 1930.
Liberal Party - President-Havana province, 1930
Delegate-IV Pan-American Commercial Conference, Washington, 1931
Secretary of Justice, 1933
Member-House of Representatives, 1938-1942
Technical Advisor-Commission on Foreign Relations for the Senate, 1937
Technical Advisor-Commission for the Study of the New Constitution, 193?
President of the Foreign Relations Commission for the House of Representatives, 1939
Technical Director -Pan-American Commission for Intermuncipalities Cooperation, Chicago-1939
Delegate- VIII American Scientific Congress, Washington-1940
Speaker of the House of Representatives, 1940-1941
Cuban delegation head and Sub-Committee President, United Nations Relief and Rehabilitation Administration (UNRRA) Atlantic City, 1943, 1944 and 1945.
G.A.T.T. Chairman Legal Drafting Committee and Tech. Dir., Cuban Delegation) Geneva-1947; (Head of Cuban Delegation) Geneva, Petropolis-1950, 1954.
Head of Cuban delegation, (GATT) Havana Charter, 1948.
President-Junta de Economia de Guerra, 1942.
President-Cuban Maritime Commission, 1942-43.
Ambassador to the United Nations (Security Council)1948.
President-Cuban Delegation, General Assembly, 1949
Technical Director/Secretary/President-National Junta of Economy (Junta Nacional de Economia) 1948-1953.
President-United Nations Economic Committee, 1951.
Minister of Finance (Ministro de Hacienda) 1953-1955.
Special Envoy-O.A.S. Conference of the Presidents, Panama, 1956.
President-Cuban Nuclear Energy Commission, 1956.
President-Ministerial Commission for Tariff Reform, 1958.
Minister of Economy (a.k.a. Ministro Presidente-Consejo Nacional de Economia/National Board of Economy, 1955-1959.

Legislator

(See blog entries Curriculum Vitae, October 2008 and Bibliography, June 2008)

Author

(See blog entries Curriculum Vitae, October 2008 and Bibliography, June 2008)

December 11, 2008

The Magna Carta of the Community of Nations 1945 (La Carta Magna de la Comunidad de las Naciones)

In 1945 Gustavo Gutiérrez, member of the American Institute of International Law and the Cuban Academy of High Judicial Studies, published this 589 page tome. The prologue was written by Antonio S. de Bustamante, then Magistrate of the Permanent Tribunal of International Justice at the Hague, who had the most prestigious law firm in Cuba and who had hired and mentored Gustavo Gutiérrez in 1919, as a young attorney, then 24 years old.

December 7, 2008

GG to R. Vasconcelos, "Eliminate Special Funds!" (Fondos Especiales)1954

(Please see below for a rough translation/synopsis into English.)



On May 8, 1954 Gustavo Gutiérrez, then Minister of Finance, appeared in the newspaper ALERTA responding to an earlier editorial by Ramon Vasconcelos, publisher of this newspaper. In the editorial, Mr.Vasconcelos was concerned that the Ministry of Finance was withholding monies owed to certain associations (National Institute of Sugar Stabilization, National Association of Plantation Owners, Colonos etc.) Dr. Gutiérrez assured him that this had just been resolved to the great satisfaction of all parties, quoting these associations as being greatly satisfied that all quotas had been satisfactorily paid since Dr. Gutiérrez has been Minister of Finance and that he has even paid amounts due to these associations from before. They added that the meeting with Dr. Gutiérrez had been quite pleasant and more like an encounter with old friends instead of an interview between a high government official and members of the (agricultural) industry.

Minister Gutiérrez then turns his attention, " to the enormous responsibility facing the National Treasury whereby large amounts of state earnings are diverted to special funds, autonomous organizations and social security. This deprives the state from paying for services and public works resulting in the Ministry's inability to pay it's obligations with  the same  punctuality. Meanwhile the Ministry is presently embarking on the restructuring of the state budget. The average man and woman on the street greatly understands this difficult predicament we find ourselves in knowing that President Batista is making great efforts in mitigating the effects of fiscal squandering of yesteryear, a grave situation compounded by the decrease in sugar revenues while at the same time maintaining high levels of employment and salaries with the added limitations that are imposed by todays economic and political circumstances."

Gutiérrez also warns of, " the proliferation of petty leaders and professional agitators that instigate resistance campaigns against basic and prudent economic measures (that are being implemented by all the democratic governments of the world), who defend irritating caste priviliges that are incompatible with the noble and egalitarian ideals of the Cuban people. Without including the confusion by some political opponents that haven't understood the basic differences between political reality and economic reality and who don't care to understand this. So they attack the government via the national economy creating difficulties more or less easily dealt with. However, it profoundly wounds the Nation and especially the public who in turns pays in suffering cause by the egotistical and inconceivable foolishness of these leaders and agitators. They create difficulties for the country's economic development and, thus, the well being of the people."

November 28, 2008

Cuba's Economic Development 1952 (Desarrollo Economico de Cuba)


In 1952 Gustavo Gutiérrez published this book while Technical Director at the Junta Nacional de Economia. In the introduction, Luis José Abado writes that, " the JNC began as the Junta Nacional de Guerra which fell into GG's lap in the mid to late 1940's and which he headed with surprising success even with scare resources and few employees. The present JNC is the blossoming of that first seed."

Mr. Abado believes that, "Cuba should be eternally in debt to multi talented Dr. Gutiérrez for his contributions as an economist, knowing well his past as a lawyer, politician, internationalist (professor of international law, University of Havana) and prolific writer" adding that, "this book represents just one of countless other works in uninterrupted succession by Gutiérrez which this prolific author crafts over a great range of thought and action: the creation of economic institutions lacking in Cuba so that it's economy may overcome this stage of Cuba's development, hurrying up, on the one hand, it's partial pubescent capitalism and avoiding, on the other hand, the dangers of abnormal and almost gigantic, decidedly super-capitalist, (monoculture) means of production."

Finally, we read in a footnote that since the coup of March 10, 1952 caught the author and the printing of this book by surprise, which had been written in commemoration of Cuba's 50th anniversary as a republic, the author wishes to express that, "the national economy, mother from whom all suckle, should reside above all political passions."




November 17, 2008

Urgency for National Census & Statistics 1949 ( Urgencia de los Censos y Estadisticas Nacionales)





The above newspaper article appeared in "El Mundo" on September 13, 1951. Dr. Gustavo Gutiérrez was Technical Director of the Junta Nacional de Economia during the administration of President Carlos Prío Socarrás.  Dr. Gutiérrez was urging the Superior Tribunal of Elections (Tribunal Superior Electoral) to create a law establishing a new national census with related statistical data in preparation for the upcoming Census of 1952.

Below is a publication from the Junta Nacional de Economia from 1949 written/prepared by Gustavo Gutiérrez. He was Technical Director of that governmental agency at the time. Later he would become it's president. At this date the president of Cuba was Carlos Prio Socarras. I include the table of content (Indice) as well as the introduction by First Minister and President of the JNE, Manuel A. de Varona and a short explanation by Dr. Gutiérrez as to why the need for a new census.  The study consists of 140 odd pages. 

Gutiérrez reminds us that a modern nation is unable to develop, function properly or efficiently without adequate statistical data regarding it's demographics and it's economic and social progress. "Basic information on, employment, salaries, cost of living, family income, consumer purchasing power, etc. is lacking in Cuba, " he says, and adds, " we lack specific data regarding national production...We also lack statistics on taxation productivity and national, state, and municipal contributions and lack even more on personal income calculations and national rents...This problem grew worse during the  world war (WWII) over the national availability of food products and over our responsibilities and statistical deficiencies vis a vis the United Nations to supply proper statistical data regarding Cuba's social, cultural and economic development." He finally, stresses urgent legislation to solve all of these problems.






November 16, 2008

Gutiérrez Secretary of Justice 1933 (acceptance speech)


Gustavo Gutiérrez became Secretary of Justice on the 26th of June, 1933, a post he would unfortunately hold for roughly 47 days. He resigned 10 days before President Gerardo Machado was overthrown and sent into exile.  As a result the Liberal Party was absolved and it's members purged from public office.

It is interesting to note that in Gutiérrez's speech he mentions Del Vecchio, a renowned  fascist intellectual of the day, Henri Levy-Ullman, expert on the English Courts system and Benedetto Croce, Italy's most important 20th century Marxist intellectual. He also refers to Cuba's penal code as archaic and expresses his intent to modernize the justice system by, among other things, reducing sentences for certain crimes, re-evaluating the system of pardons, and adds, "...but without ever forgetting that criminal justice is not social vengeance but in the defense of society." 

For more information regarding the Liberal Party, the  political party Dr. Gutiérrez was a member of please see blog entry "La Ruta Nueva" 1937 which details Gutiérrez's vision for a new path for his political party.

Below is Gutiérrez's acceptance speech.





November 15, 2008

New Electoral Code (Nuevo Código Electoral) 1943


On May 31, 1943 the New Electoral Code was signed into law. It was created by Dr. Gustavo Gutiérrez. Dr. Elio Fileno de Cardenas of the Electoral Law Comission of the Senate called the New Electoral Code of 1943 the "Gutiérrez Code." It was created to defend universal suffrage and promote the democratic process by codifying the electoral process, implementing a solid electoral system, organizing and making permanent the voting procedure and process, respectively, curbing voting irregularities and reducing voter fraud, etc.





New Tariff Reform (Reforma Arancelaria) 1958


On November 8, 1957 Dr. Gustavo Gutiérrez traveled once more to Geneva and presented the above memorandum to the Contracting Parties, the 34 nations which had created the G.A.T.T. in 1947, warning of Cuba's urgent need for a new trade and tariff reform. This is an impressive and well articulated analysis of Cuba's then current state of economic crisis. For more information please see October '08 blog entries, "Cuba's Voice in Geneva and Petropolis" and "La Aventura Cubana."

This newsletter was published regularly by the Ministry of Economy (a.k.a. The National Board of Economy/Consejo Nacional de Economia). Gustavo Gutiérrez was the Minister-President from 1955 to 1959. For more information please see September '08 blog entry, "Gutiérrez Steps Down as Finance Minister."