These days, with regard to the outrage of the occupant of the White House and the activation of Chapter III of the Helms Burton Act, I have remembered the old theme: I am harassed by the paleface, which is surprisingly contemporary.
The US administration seeks to suffocate the Cuban Revolution. There is nothing new about it; it is the same imperialist scheme from the Monroe doctrine until today.
When it comes to the process of nationalization in Cuba, the US government handles in a unified way the concepts of nationalization and confiscation to confuse, although they are different terms. It is incorrect and leads to the error that our nationalization process is a confiscation process.
To deepen the subject, we had a conversation with Nelson Favio Plutin Santos, head of the department of Justice in Holguin, who states: "The legal framework of Cuban confiscations and nationalizations clears any doubt about the legality of the patrimonial actions of the Revolutionary Government for the benefit of the people, which in no sense was an anarchic process.
"It is important to know that the confiscation is derived and accessory to a crime, in which the executor of the action must respond with his assets, and does not carry any compensation. As of January 1959, were declared by law confiscatory acts against embezzlers of state assets, torturers, employees of Batista's tyranny that fleeced the public treasury and left the people of Cuba in poverty.”
"While nationalization is an act of social economic claim for reasons of national interest, of popular benefit and it does carry, as established by the Constitution, appropriate compensation. It does not consider that the expropriated person has committed crimes and, therefore, is not punishable by law, "said the lawyer.
It is not something invented by Cubans, within the International Law, the nationalizations are based on the principle of sovereignty and self-determination of the peoples consecrated in the United Nations Charter. The confiscation process began before Law No. 78, of February 13, 1959 and Law No. 151, of March 17 of the same year.
It’s just from the First Agrarian Reform Law of May 17, 1959, which triggered the acts of nationalization and this and the other laws that followed, implemented the principle of compensation, recognized in the Cuban Constitutional Law.
The Government of Cuba that endorsed the right of compensation, enshrined in the Constitution when private property is expropriated for reasons of public utility or social or national interest, signed several compensation agreements with Switzerland, France, Canada, Great Britain, Spain, among others, whose citizens were affected by the nationalization provisions.
Only the Government of the United States deprived its citizens of the right to receive the compensation granted by Law No. 851 of 1960 and in its place decreed an illegal blockade against the people of Cuba.
"One cannot lose sight of the fact that, thanks to the Revolution, hundreds of thousands of peasant families now have their own lands, or own them in free usufructs and exploit them individually or collectively, and own the machinery, workshops, livestock and other goods. But the most important thing is that it made the Cuban people the owner of their own country, "said Plutin Santos.
Subsequently, the Directorate of Property, Mercantile and Heritage Registries of the Ministry of Justice contributed, with the promulgation of Decree Law No. 185 of May 28, 1998, to the process of updating the registration of state real estate, guarantee of the conquered right, together with the legalization and registration of the properties in the Property Registries, to order and control the riches and patrimony of our country.
According to Ali Alvarez Murgada, Commercial and Property Registrar of the Provincial Office of Justice, before 1959 in our province operated more than 270 Companies, Corporations and Firms with partners or foreign capital, which exploited mining activity, agriculture, livestock and other manufacturing industries, who occupied large areas of land, power plants, industries and buildings, of which the working people are now the owners.
Since 1996 Cuba declared the Helms-Burton law null and void. Nothing good or new bring the north winds to this country.