BY FIDEL CASTRO
The five revolutionary laws that would have been proclaimed immediately after the capture of the Moncada garrison and would have been broadcast to the nation by radio must be included in the indictment. It is possible that Colonel Chaviano may have deliberately destroyed these documents, but even if he has I remember them.
The first revolutionary law would have returned the power to the people and proclaimed the 1940 constitution the supreme law of the state until such time as the people should decide to modify or change it. And in order to effect its implementation and punish those who violated itthere being no electoral organization to carry this outthe revolutionary movement, as the circumstantial incarnation of this sovereignty, the only source of legitimate power, would have assumed all the faculties inherent therein, except that of modifying the constitution itself: in other words, it would have assumed the legislative, executive, and judicial powers.
This attitude could not be clearer nor more free of vacillation and sterile charlatanry. A government acclaimed by the mass of rebel people would be vested with every power, everything necessary in order to proceed with the effective implementation of popular will and real justice.
The second revolutionary law would give nonmortgageable and nontransferable ownership of the land to all tenant and subtenant farmers, lessees, sharecroppers, and squatters who hold parcels of five caballerías of land or less,1 and the state would indemnify the former owners on the basis of the rental which they would have received for these parcels over a period of ten years.
The third revolutionary law would have granted workers and employees the right to share 30 percent of the profits of all large industrial, mercantile, and mining enterprises, including the sugar mills. The strictly agricultural enterprises would be exempt in consideration of other agrarian laws which would be put into effect.
The fourth revolutionary law would have granted all sugar planters the right to share 55 percent of the sugar production and a minimum quota of forty thousand arrobas for all small tenant farmers who have been established for three years or more.
The fifth revolutionary law would have ordered the confiscation of all holdings and ill-gotten gains of those who had committed fraud during previous regimes, as well as the holdings and ill-gotten gains of all their legates and heirs. To implement this, special courts with full powers would gain access to all records of all corporations registered or operating in this country, in order to investigate concealed funds of illegal origin and to request that foreign governments extradite persons and attach holdings rightfully belonging to the Cuban people. Half of the property recovered would be used to subsidize retirement funds for workers and the other half would be used for hospitals, asylums, and charitable organizations.
Furthermore, it was to be declared that the Cuban policy in the Americas would be one of close solidarity with the democratic peoples of this continent, and that all those politically persecuted by bloody tyrannies oppressing our sister nations would find generous asylum, brotherhood, and bread in the land of Martí2; not the persecution, hunger, and treason they find today. Cuba should be the bulwark of liberty and not a shameful link in the chain of despotism.
These laws would have been proclaimed immediately. As soon as the upheaval ended and prior to a detailed and far-reaching study, they would have been followed by another series of laws and fundamental measures, such as the agrarian reform, the integral educational reform, nationalization of the electric power trust and the telephone trust, refund to the people of the illegal excessive rates these companies have charged, and payment to the treasury of all taxes brazenly evaded in the past.
All these laws and others would be based on exact compliance with two essential articles of our constitution: one of them orders the outlawing of large estates, indicating the maximum area of land any one person or entity may own for each type of agricultural enterprise, by adopting measures which would tend to revert the land to the Cubans. The other categorically orders the state to use all means at its disposal to provide employment for all those who lack it and to insure a decent livelihood to each manual or intellectual laborer. None of these laws can be called unconstitutional. The first popularly elected government would have to respect them, not only because of moral obligations to the nation, but because when people achieve something they have yearned for throughout generations, no force in the world is capable of taking it away again.
The problem of the land, the problem of industrialization, the problem of housing, the problem of unemployment, the problem of education, and the problem of the peoples health: these are the six problems we would take immediate steps to solve, along with restoration of civil liberties and political democracy.
1 One caballería is equal to about 33 acres.
2 José Martíessayist, poet, and revolutionary leaderfounded the Cuban Revolutionary Party and initiated the second Cuban war of independence in 1895; he was killed the same year. Martí is a national hero in Cuba.
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