Untitled - Convivencia

make them coherent with those internationalinstruments. From the second step on, andin the term that it is prescribed, theCovenants are binding for that country andare obliged morally and legally as well. Theviolation of these covenants can be carriedbefore the International Court of the UnitedNations in The Hague in order to be judged.The safeguard of the human rights for allcitizens transcends the national boundariesand it is a responsibility of the wholeinternational community and the competentworld organizations. The nationalsovereignty cannot be used as a pretext forany government to violate the human rightswith impunity. The reason is very simple andenough: the sovereignty and theindependence of the countries emanate andlegitimize themselves through thesovereignty and independence of each one oftheir citizens who are the sovereign ones. Ifthe sovereignty of the citizen is violated thenational sovereignty does not exist anymore.It would be then the sovereignty of onegroup or government above thedefencelessness of the rest of the society.There are countries such as the United Statesthat have not been adhered to the Covenanton Economic, Social and Cultural Rights andthere are other countries such as the wholeEuropean Union that have adheredthemselves not only to both Covenants butthey have written a European Chart onHuman Rights. This Chart inspired theLisbon Agreement which is a kind of regionalconstitution though it doesn’t have thisdenomination. There are persons andgovernments that have been judged andcondemned by the International Court of theUnited Nations and others are beingprosecuted because of their failure to complywith the Covenants they have ratified. Therewas a brilliant Latin saying in the times ofthe genesis of Law which states: “Pacta sumservanda”: the agreed must be observed,respected and fulfilled. It’s the key to pacificcohabitation. Its nonobservance is the reasonfor all the ancient and present wars andconflicts.Cuba was one of the leader countries in thedrafting and signing of the UniversalDeclaration on Human Rights in 1948. Someof the articles of the best Constitution Cubaever had, the one of 1940, were an inspirationfor some articles that stayed as part of theUniversal Declaration. However, 44 years afterbeing emanated Cuba has not ratified thebinding instruments yet.On the 28 th of February 2008 the CubanMinister of Foreign Affairs at that momentsigned, on the part of the Government of Cuba,the International Covenants in the Site of theUnited Nations. But the signing is no more thanthe first step and it does not turn Cuba into anegotiating country and a country committed tofulfil the covenants and make them to befulfilled by law. It is necessary that thesecovenants be ratified by the Cuban Parliamentor by the authority that according to ourConstitution has the jurisdiction to ratifyinternational covenants.During the last months a group of politicalprisoners and prisoners of conscience havebeen released and exiled. We are glad for themand their families and at the same time weshare their sorrow for their deportation sounjust as their indictment and the 7 years ofprison served by those 75 brothers of ours,just because they thought and acted pacificallyin favour of democracy in Cuba. They and theLadies in White; the memory of the martyrZapata and the strikes performed by Fariñas(the Sajarov Award has been bestowed uponhim), will be eternal reminders in the nationalmemory of the sacrifice and of the methodsthat can lead the Cuban nation toward greaterdegrees of freedom and reconciliation.This gesture, though incomplete andinsufficient could be the door that leads Cubato ratify the two Covenants on Human Rightsthus starting the gradual reform of itslegislation with the purpose of turning itcoherent with the spirit and the letter of thoseinternational instruments that have alreadybeen signed by the Cuban Government twoyears ago.Political ReasonCuba must ratify the two Covenants on HumanRights because it would be the best thing forthe stability and the political participation. Onlythen we could speak of a “process” of opennessor “updating” of our country according to theEdiciones ConvivenciaPinar del Río. 201272