Eduardo Garaicoa, a co-founder of the Cuban Constitutional Movement (C40), shared his insights in an interview with Tania Costa on what the protesters in Morón should have done after setting fire to the local Communist Party headquarters on March 14, 2026. His response outlines a concrete protocol based on the 1940 Constitution.
For Garaicoa, the act of arson was merely symbolic. "The burning itself is secondary," he stated, emphasizing that the real opportunity lay in leveraging that moment of territorial control for a more impactful legal and political move.
The expert explained that the protesters should have immediately detained the regime officials present in the area. "They should have taken into custody all those leaders, those big-bellied, potbellied figures exploiting them—every political leader in the area," he asserted.
Regarding the repressive forces, Garaicoa was unequivocal: "If the repressive forces resisted, they should have been confronted, subdued, and also taken into custody."
Establishing Legal Authority
Once the municipality was firmly under control, the next step would have been a formal proclamation. "At that precise moment of having full control over the municipality, they should have declared the 1940 Constitution reinstated and communicated this restitution to surrounding areas to expand the influence of the Constitution," he explained.
According to Garaicoa, the process would not end there. Those involved in the declaration could immediately reach out to the international community. "The person or group executing this could quickly use any communication channel to send the news abroad and even request assistance from a foreign government to maintain power. It's that straightforward."
Garaicoa insists that this entire protocol is legally grounded in Article 40 of the 1940 Constitution, which legitimizes "adequate resistance for the protection of guaranteed individual rights." "All of this is supported by Article 40 of the Constitution," he emphasized.
The Nature of Morón's Protests
In her conversation with Garaicoa, Tania Costa highlighted the grassroots nature of the Morón protests. "It was a horizontal movement, with no leader or organization behind it," a characteristic that, according to Garaicoa, only increased the legitimacy of the action, as any citizen or group could have undertaken the same process.
The protests in Morón on March 14 were sparked by banging pots and chants of "Freedom!" and "Down with the dictatorship!" amid prolonged blackouts and severe food shortages. Protesters initially gathered in front of the police station before moving to the Communist Party headquarters, where they burned furniture and documents in the street. The events resulted in five arrests and at least one young person being shot, according to reports.
The debate over the relevance of the 1940 Constitution has gained traction among the Cuban exile community throughout 2026. The C40 Movement argues that this Constitution was never legally repealed but was instead forcibly suspended following Batista's coup in 1952, and therefore it remains valid, allowing for the prosecution of the dictatorship's crimes and the outlawing of the Communist Party without legal retroactivity.
Understanding the Impact of the 1940 Constitution in Cuba
What was the significance of the 1940 Constitution in Cuba?
The 1940 Constitution of Cuba is considered one of the most progressive of its time, offering a framework for democracy and individual rights. It has gained renewed attention as a symbol for legal resistance against the current regime.
How did the Morón protests reflect on the current political climate in Cuba?
The Morón protests highlighted the growing discontent with the Cuban regime, driven by economic hardships and lack of political freedoms, sparking calls for legal and political change among the Cuban diaspora.
Why is the C40 Movement advocating for the 1940 Constitution?
The C40 Movement contends that the 1940 Constitution was never legally annulled, and its reinstatement could provide a lawful basis to challenge the Communist regime and restore democratic governance in Cuba.