In June 19, 1944, Gustavo was invited by anthropologist, essayist and friend, Fernando Ortiz, to give a
conference at Ortiz’s Institution Hispanocubana de Cultura, whose maxim, taken from one of Jose
Martí’s writings, was, “To be learned is the only manner in which to be free.” Gustavo chose the new
constitution as his topic and discussed his misgivings and disappointments.
In their excitement and eagerness during the constitutional debates, the delegates sidestepped the Proyecto del Congreso improvising their way through heated political discussions and arguments in an effort to create a new constitution. The results were the adulteration of portions of this magnificent document.
Gustavo pointed out the lack of serious attention given by all three branches of government (Executive, Legislative and Judiciary) to urgent constitutional imperatives. Many of the innovative concepts were simply not put into practice in dealing with the economy or with the so-called “semi-parliamentary” system or with the national budget and the Accounts Tribunal. Laws were not being created by Congress to complement the great words and concepts advanced by this progressive constitution, ie., a law for the minimum wage and other social concerns. The National Bank was still in the planning stage and would take another nine years before it would become operational. Matters related to capital and assets were being ignored by all three branches of government due to, in Gustavo’s own words, “the lack of interest on the part of the Executive branch, apathy on the part of Congress and passivity by the Supreme Tribunal of Justice.” The Council of Ministers, for instance, was being appointed by the President without the collaboration of the Congress and they (Cabinet Ministers) were not routinely attending mandatory congressional sessions, both in violation of the new constitution. The Executive branch was once more, as has been so often the case in Latin America, over reaching its powers. So much for the new semi-parliamentary system of government.
Gustavo concluded his presentation by warning that the constitution would not survive without the required complimentary legislation, mentioning that only one piece of legislation, the Electoral Code, was passed by Congress, which ironically, he himself had drafted. And added, “One has to confess that aside from all its favorable qualities the new Constitution barely functions. It’s actually inoperable.” He said the “Carta Fundamental” was fine and progressive, one of the best in the world which should render optimal results if the complimentary laws were put into place in the three fundamental areas of political, economic and social concerns. Yet, “The Cuban people are superior to their politicians. Neither politicians nor public magistrates appear to have risen above the people.” And undoubtedly, for better or for worse, the people would soon rise again.
conference at Ortiz’s Institution Hispanocubana de Cultura, whose maxim, taken from one of Jose
Martí’s writings, was, “To be learned is the only manner in which to be free.” Gustavo chose the new
constitution as his topic and discussed his misgivings and disappointments.
In their excitement and eagerness during the constitutional debates, the delegates sidestepped the Proyecto del Congreso improvising their way through heated political discussions and arguments in an effort to create a new constitution. The results were the adulteration of portions of this magnificent document.
Gustavo pointed out the lack of serious attention given by all three branches of government (Executive, Legislative and Judiciary) to urgent constitutional imperatives. Many of the innovative concepts were simply not put into practice in dealing with the economy or with the so-called “semi-parliamentary” system or with the national budget and the Accounts Tribunal. Laws were not being created by Congress to complement the great words and concepts advanced by this progressive constitution, ie., a law for the minimum wage and other social concerns. The National Bank was still in the planning stage and would take another nine years before it would become operational. Matters related to capital and assets were being ignored by all three branches of government due to, in Gustavo’s own words, “the lack of interest on the part of the Executive branch, apathy on the part of Congress and passivity by the Supreme Tribunal of Justice.” The Council of Ministers, for instance, was being appointed by the President without the collaboration of the Congress and they (Cabinet Ministers) were not routinely attending mandatory congressional sessions, both in violation of the new constitution. The Executive branch was once more, as has been so often the case in Latin America, over reaching its powers. So much for the new semi-parliamentary system of government.
Gustavo concluded his presentation by warning that the constitution would not survive without the required complimentary legislation, mentioning that only one piece of legislation, the Electoral Code, was passed by Congress, which ironically, he himself had drafted. And added, “One has to confess that aside from all its favorable qualities the new Constitution barely functions. It’s actually inoperable.” He said the “Carta Fundamental” was fine and progressive, one of the best in the world which should render optimal results if the complimentary laws were put into place in the three fundamental areas of political, economic and social concerns. Yet, “The Cuban people are superior to their politicians. Neither politicians nor public magistrates appear to have risen above the people.” And undoubtedly, for better or for worse, the people would soon rise again.
