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Since attaining its independence from Spain, Cuba has had five constitutions. The current constitution was drafted in 1976 and has since been amended.
Contents |
The 1901 Constitution was Cuba's first as an independent state. It contained the Platt Amendment, which allowed the United States to intervene in Cuba's affairs to protect its independence.[citation needed]
The 1901 Constitution was indeed a carbon copy of the Constitution written at La Yara in 1896, and met with fierce opposition from its principal author Major General José Braulio Alemán who strongly opposed the Platt Amendment.[citation needed]
It was Alemán's contention that Cuba should be and remain "Libre y Soberana", Free and Sovereign; and that the Platte Amendment just traded Spain's strong arm tactics on the island for the yoke of American imperialism.[citation needed]
Cuba's second constitution came into effect in 1934. This document was intended to be a provisional constitution.
In 1940, during the de facto presidency of Fulgencio Batista, a constitution was created. Widely considered one of the most progressive constitutions in existence at the time, it provided for land reform, public education, minimum wage and other progressive ideas. Some of its provisions were not implemented in practice. Following a coup d'etat by Fulgencio Batista in 1952, parts of this constitution were suspended.
Prior to the triumph of the Cuban Revolution, Fidel Castro and the other revolutionaries, through the Manifiesto de Montecristi, claimed that their chief goal was to reinstate the Constitution of 1940[citation needed].
The last surviving signer of the 1940 Constitution, Emilio Ochoa, died in Miami, Florida, on June 27, 2007.[1]
After consolidating power, the revolutionary government of Cuba sought to institutionalize the revolution. The Socialist Constitution of 1976 was adopted by the national referendum on February 15. This document came into effect on February 24, 1976.
This constitution called for a centralized control of the market, and committed the State to providing its citizens with access to free education and health care. It also required that parents, regardless of their own beliefs, inculcate their children with socialist values. The state had the power to regulate the activities of religious institutions on the island, and the private ownership of media companies was forbidden.
In the late 1980s, as the Eastern Bloc collapsed, the laws of Cuba changed again to respond to the new conditions of the Special Period. Because of a need for foreign direct investment[citation needed], the Constitutional amendments of 1992 granted foreign corporations a limited right to own property on the island if they took part in joint ventures with the government. It also provided for non-discrimination based on religious belief (i.e., allowing persons with religious belief to join the Communist Party of Cuba).
In 2002, the Cuban Constitution was again amended to stipulate that the socialist system was permanent and irrevocable.
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| ←Wikisource:Constitutional documents | Constitution of Cuba |
1992 Constitution of the Republic of Cuba
(in English translation from the original legal text)
adopted: February 24, 1976.
Amended: ?, 1978.
Amended: July ?, 1992.
Amended: ?, 2002.
WE, CUBAN CITIZENS, heirs and continuators of the creative work
and the traditions of combativity, firmness, heroism and sacrifice
fostered by our ancestors;
by the Indians who preferred extermination to submission;
by the slaves who rebelled against their masters;
by the patriots who in 1868 launched the wars of independence
against Spanish colonialism and those who in the last drive of 1895
brought them to victory in 1898, a victory usurped by the military
intervention and occupation of Yankee imperialism;
by the workers, peasants, student and intellectuals who struggled
for over fifty years against imperialist domination, political
corruption, the absence of people’s rights and liberties,
unemployment and exploitation by capitalists and landowners;
by those who promoted, joined and developed the first organizations
of workers and peasants, spread socialist ideas and founded the
first Marxist and Marxist-Leninist movements;
by the members of the vanguard of the generation of the centenary
of the birth of Martí who, imbued with his teachings, led us to the
people’s revolutionary victory of January; by those who defended
the Revolution at the cost of their lives, thus contributing to its
definitive consolidation;
by those who en masse carried out heroic internationalist
missions;
GUIDED
by the ideas of José Martí and the political and social ideas of
Marx, Engels and Lenin;
BASING OURSELVES
on proletarian internationalism, on the fraternal friendship, aid,
cooperation and solidarity of the peoples of the world, especially
those of Latin America and the Caribbean;
AND HAVING DECIDED
to carry forward the triumphant Revolution of the Moncada and of
the Granma of the Sierra and of Girón under the leadership of Fidel
Castro, which sustained by the closest unity of all revolutionary
forces and of the people won full national independence,
established revolutionary power, carried out democratic changes,
started the construction of socialism and, with the Communist Party
at the forefront, continues this construction with the final
objective of building a communist society;
AWARE
that all the regimes based on the exploitation of man by man cause
the humiliation of the exploited and the degradation of the human
nature of the exploiters;
that only under socialism and communism, when man has been freed
from all forms of exploitation – slavery, servitude and capitalism
– can full dignity of the human being be attained;
and that our Revolution uplifted the country and of Cubans;
WE DECLARE
our will that the law of laws of the Republic be guided by the
following strong desire of José Martí, at last achieved;
"I want the fundamental law of our republic to be the tribute of
Cubans to the full dignity of man";
AND ADOPT
by means of our free vote in a referendum, the following:
Article 1: Cuba is an independent and sovereign socialist state of workers, organized with all and for the good of all as a united and democratic republic, for the enjoyment of political freedom, social justice, individual and collective well-being and human solidarity.
Article 2: The name of the Cuban state is Republic of Cuba, the official language is Spanish and its capital city is Havana.
Article 3: In the Republic of Cuba sovereignty lies in the
people, from whom originates all the power of the state. That power
is exercised directly or through the assemblies of People’s Power
and other state bodies which derive their authority from these
assemblies, in the form and according to the norms established in
the Constitution and by law.
When no other recourse is possible, all citizens have the right to
struggle through all means, including armed struggle, against
anyone who tries to overthrow the political, social and economic
order established in this Constitution.
Article 4: The national symbols are those which, for over one
hundred years, have presided over the Cuban struggles for
independence, the tights of the people and social progress:
the flag of the lone star;
the anthem of Bayamo;
the coat of arms of the royal palm.
Article 5: The Communist Party of Cuba, a follower of Martí’s ideas and of Marxism-Leninism, and the organized vanguard of the Cuban nation, is the highest leading force of society and of the state, which organizes and guides the common effort toward the goals of the construction of socialism and the progress toward a communist society.
Article 6: The Young Communist League, the organization of Cuba’s vanguard youth, has the recognition and encouragement of the state in its main duty of promoting the active participation of young people in the tasks of building socialism and adequately preparing the youth to be conscientious citizens capable of assuming ever greater responsibilities for the benefit of our society.
Article 7: The Cuban socialist state recognizes and stimulates the social and mass organizations, which arose from the historic process of struggles of our people. These organizations gather in their midst the various sectors of the population, represent specific interests of the same and incorporate them to the tasks of the edification, consolidation and defense of the socialist society.
Article 8: The state recognizes, respects and guarantees freedom
of religion.
In the Republic of Cuba, religious institutions are separate from
the state.
The different beliefs and religions enjoy the same
consideration.
Article 9: The state:
a) carries out the will of the working people and
- channels the efforts of the nation in the construction of
socialism;
- maintains and defends the integrity and the sovereignty of the
country;
- guarantees the liberty and the full dignity of man, the enjoyment
of his rights, the exercise and fulfillment of his duties and the
integral development of his personality;
- consolidates the ideology and the rules of living together and of
conduct proper of a society free from the exploitation of man by
man;
- protects the constructive work of the people and the property and
riches of the socialist nation;
- directs in a planned way the national economy;
- assures the educational, scientific, technical and cultural
progress of the country;
b) as the power of the people and for the people, guarantees
- that every man or woman, who is able to work, have the
opportunity to have a job with which to contribute to the good of
society and to the satisfaction of individual needs;
- that no disabled person be left without adequate mean of
subsistence;
- that no sick person be left without medical care;
- that no child be left without schooling, food and clothing;
- that no young person be left without the opportunity to
study;
- that no one be left without access to studies, culture and
sports;
c) works to achieve that no family be left without a comfortable
place to live.
Article 10: All state bodies, their leaders, officials and employees function within the limits of their respective competency and are under the obligation to strictly observe socialist legality and to look after the respect of the same within the context of the whole of society.
Article 11: The state exercises its sovereignty:
a) over the entire national territory, which consists of the island
of Cuba, the Isle of Youth and all other adjacent islands and keys;
internal waters; the territorial waters in the extension prescribed
by law; and the air space corresponding to the above;
b) over the environment and natural resources of the country;
c) over mineral, plant and animal resources on and under the ocean
floor and those in waters comprised in the Republic’s maritime
economic area, as prescribed by law, in keeping with international
practice.
The Republic of Cuba rejects and considers illegal and null all
treaties, pacts and concessions which were signed in conditions of
inequality, or which disregard or diminish its sovereignty and
territorial integrity.
Article 12: The Republic of Cuba espouses the principles of
anti-imperialism and internationalism, and
a) ratifies its aspirations to a valid, true and dignified peace
for all states, big or small, weak or powerful, based on respect
for the independence and sovereignty of the peoples and the right
to self-determination;
b) establishes its international relations based on the principles
of equality of rights, self-determination of the peoples,
territorial integrity, independence of states, international
cooperation for mutual and equitable benefit and interest, peaceful
settlement of disputes on an equal footing and based on respect and
the other principles proclaimed in the United Nations Charter and
in other international treaties which Cuba is a party to;
c) reaffirms its desire for integration and cooperation with the
countries of Latin America and the Caribbean, whose common identity
and historical need to advance united on the road to economic and
political integration for the attainment of true independence would
allow us to achieve our rightful place in the world;
d) advocates the unity of all Third World countries in the face of
the neocolonialist and imperialist policy which seeks to limit and
subordinate the sovereignty of our peoples, and worsen the economic
conditions of exploitation and oppression of the underdeveloped
nations;
e) condemns imperialism, the promoter and supporter of all fascist,
colonialist, neocolonialist and racist manifestations, as the main
force of aggression and of war, and the worst enemy of the
peoples;
f) repudiates direct or indirect intervention in the internal and
external affairs of any state and, therefore, also repudiates armed
aggression, economic blockade, as well as any other kind of
economic or political coercion, physical violence against people
residing in other countries, or any other type of interference with
or aggression against the integrity of states and the political,
economic and cultural elements of nations;
g) rejects the violation of the inalienable and sovereign right of
all states to regulate the use and benefits of telecommunications
in their territory, according to universal practice and
international agreements which they have signed;
h) considers wars of aggression and of conquest international
crimes; recognizes the legitimacy of the struggle for national
liberation, as well as of armed resistance to aggression; and
considers that its solidarity with those under attack and with the
peoples that struggle for their liberation and self-determination
constitutes its internationalist duty;
i) bases its relations with those countries building socialism on
fraternal friendship, cooperation and mutual assistance, founded on
the common objectives of the construction of a new society;
j) maintains friendly relations with those countries which –
although having a different political, social and economic system –
respect its sovereignty, observe the rules of coexistence among
states and the principles of mutual conveniences, and adopt an
attitude of reciprocity with our country.
Article 13: The Republic of Cuba grants asylum to those who are persecuted because of their ideals or their struggles for democratic rights; against imperialism, fascism, colonialism and neocolonialism; against discrimination and racism; for national liberation; for the rights of workers, peasants and students and the redress of their grievances; for their progressive political, scientific, artistic and literary activities; for socialism and peace.
Article 14: In the Republic of Cuba rules the socialist system
of economy based on the people’s socialist ownership of the
fundamental means of production and on the abolition of the
exploitation of man by man.
In Cuba also rules the principle of socialist distribution of "from
each according to his capacity, to each according to his work." The
law establishes the provisions which guarantee the effective
fulfillment of this principle.
Article 15: Socialist state property, which is the property of
the entire people, comprises:
a) the lands that do not belong to small farmers or to cooperatives
formed by them, the subsoil, mines, mineral, plant and animal
resources in the Republic’s maritime economic area, forests, waters
and means of communications;
b) the sugar mills, factories, chief means of transportation and
all those enterprises, banks and facilities that have been
nationalized and expropriated from the imperialist, landholders and
bourgeoisie, as well as the factories, enterprises and economic
facilities and scientific, social, cultural and sports centers
built, fostered or purchased by the state and those to be built,
fostered or purchased by the state in the future.
Property ownership may not be transferred to natural persons or
legal entities, save for exceptional cases in which the partial or
total transfer of an economic objective is carried out for the
development of the country and does not affect the political,
social and economic foundations of the state, prior to approval by
the Council of Ministers or its Executive Committee.
The transfer of other property rights to state enterprises and
other entities authorized to fulfill this objective will be
prescribed by law.
Article 16: The state organizes, directs and controls the
economic life of the nation according to a plan that guarantees the
programmed development of the country, with the purpose of
strengthening the socialist system, of increasingly satisfying the
material and cultural needs of society and of citizens, of
promoting the flourishing of human beings and their integrity, and
of serving the progress and security of the country.
The workers of all branches of the economy and of the other spheres
of social life have an active and conscious participation in the
elaboration and execution of the production and development
plans.
Article 17: The state directly administers the goods that make
up the socialist property of the entire people’s, or may create and
organize enterprises and entities to administer them, whose
structure, powers, functions and the system of their relations are
prescribed by law.
These enterprises and entities only answer for their debts through
their financial resources, within the limits prescribed by law. The
state does not answer for debts incurred by the enterprises,
entities and other legal bodies, and neither do these answer for
those incurred by the state.
Article 18: The state controls and directs foreign trade. The
law establishes the state institutions and officials authorized
to:
- create foreign trade enterprises;
- standardize and regulate export and import transactions;
and
- determine the natural persons or legal bodies with judicial
powers to carry out these export and import transactions and to
sign trade agreements.
Article 19: The state recognizes the right of small farmers to
legal ownership of their lands and other real estate and personal
property necessary for the exploitation of their land, as
prescribed by law.
Small farmers may only incorporate their lands to agricultural
production cooperatives with the previous authorization of the
competent state body and fulfillment of the other legal
requirements. They may also sell their lands, swap them or transfer
them for another title to the state and agricultural production
cooperatives, or to small farmers in the cases, forms and
conditions prescribed by law, without detriment to the preferential
right of the state to the purchase of the land while paying a fair
price.
Land leases, sharecropping, mortgages and all other acts which
entail a lien on the land or cession to private individuals of the
rights to the land which is the property of the small farmers are
all prohibited.
The state supports the small farmers’ individual production which
contributes to the national economy.
Article 20: Small farmers have the right to group themselves, in
the way and following the requirements prescribed by law both for
the purpose of agricultural production and for obtaining state
loans and services.
The establishment of agricultural production cooperatives in the
instances and ways prescribed by law is authorized. Ownership of
the cooperatives, which constitutes an advanced and efficient form
of socialist production, is recognized by the state. The
agricultural production cooperatives manage, own use and dispose of
the goods they own, as prescribed by law and by its
regulations.
Land owned by cooperatives may not be seized or taxed and its
ownership may be transferred to other cooperatives or to the state,
according to the causes and as prescribed by law.
The state gives all possible support to this form of agricultural
production.
Article 21: The state guarantees the right to personal ownership
of earnings and savings derived from one’s own work, of the
dwelling to which one has legal title and of the other possessions
and objects which serve to satisfy one’s material and cultural
needs.
Likewise, the state guarantees the right of citizens to ownership
of their personal or family work tools. These tools may not be used
to obtain earning derived from the exploitation of the work of
others.
The law establishes the amount of goods owned by a person which can
be seized.
Article 22: The state recognizes the right of political, mass and social organizations to ownership of the goods intended for the fulfillment of their objectives.
Article 23: The state recognizes the right to legal ownership of
joint ventures, companies and economic associations which are
created as prescribed by law.
The use enjoyment and disposal of the goods owned by the
above-mentioned entities are ruled by that prescribed by law and by
accords, as well as by their statutes and regulations.
Article 24: The state recognizes the right of citizens to
inherit legal title to a place of residence and to other personal
goods and chattels. The land and other goods linked to production
in the small farmers’ property may be inherited by and only be
awarded to those heirs who work the land, save exceptions and as
prescribed by law.
The law prescribes the cases, conditions and ways under which the
goods of cooperative ownership may by inherited.
Article 25: The expropriation of property for reasons of public
benefit or social interest and with due compensation is
authorized.
The law establishes the method for the expropriation and the bases
on which the need for and usefulness of this action is to be
determined, as well as the form of compensation, taking into
account the interest and the economic and social needs of the
person whose property has been expropriated.
Article 26: Anybody who suffers damages unjustly caused by a state official or employee while in the performance of his public functions has the right to claim and obtain the corresponding indemnification as prescribed by law.
Article 27: The state the environment and natural resources. It
recognizes the close links they have with sustainable economic and
social development to make human life more rational and to ensure
the survival, well-being and security of present and future
generations. The application of this policy corresponds to the
competent bodies.
It is the duty of citizens to contribute to the protection of the
waters, atmosphere, the conservation of the soil, flora, fauna and
nature’s entire rich potential.
Article 28: Cuban citizenship is acquired by birth or through
naturalization. Article 29: Cuban citizens by birth are:
a) those born in national territory, with the exception of the
children of foreign persons at the service of their government or
international organizations. In the case of the children of
temporary foreign residents in the country, the law stipulates the
requisites and formalities;
b) those born abroad, one of whose parents at least is Cuban and on
an official mission;
c) those born abroad, one of whose parents at least is Cuban, who
have complied with the formalities stipulated by law;
d) those born outside national territory, one of whose parents at
least is Cuban and who lost their Cuban citizenship provide they
apply for said citizenship according to the procedures stated by
law;
e) foreigners who, by virtue of their exceptional merits won in the
struggles for Cuba’s liberation, were considered Cuban citizens by
birth.
Article 30: Cuban citizens by naturalization are:
a) those foreigners who acquire Cuban citizenship in accordance
with the regulations established by law;
b) those who contributed to the armed struggle against the tyranny
overthrown on January 1, 1959, provided they show proof of this in
the legally established form;
c) those who having been arbitrarily deprived of their citizenship
of origin, obtain Cuban citizenship by virtue of an express
agreement of the Council of State.
Article 31: Neither marriage nor its dissolution affect the citizenship status of either of the spouses or their children.
Article 32: Cubans may not be deprived of their citizenship save
for established legal causes. Neither may they be deprived of the
right to change citizenship.
Dual citizenship is not recognized. Therefore, when a foreign
citizenship is acquired, the Cuban one will be lost.
Formalization of the loss of citizenship and the authorities
empowered to decide on this is prescribed by law.
Article 33: Cuban citizenship may be regained in those cases and ways specified by law.
Article 34: Foreign residents in the territory of the Republic
are equal to Cubans in:
- the safeguarding of persons and property;
- the enjoyment of the rights and the fulfillment of the duties
recognized in this Constitution, under the conditions and with the
limitations prescribed by law;
- the obligation to observe the Constitution and the law;
- the obligation to contribute to the public expenditure in the
form and amount prescribed by law;
- the submission to the jurisdiction and resolutions of the
Republic’s courts of justice and authorities.
The law establishes the cases and the ways in which foreigners may
be expelled from national territory and the authorities empowered
to decide on this.
Article 35: The state protects the family, motherhood and
matrimony.
The state recognizes the family as the main nucleus of society and
attributes to it the important responsibilities and functions in
the education and formation of the new generations.
Article 36: Marriage is the voluntarily established union
between a man and a woman, who are legally fit to marry, in order
to live together. It is based on full equality of rights and duties
for the partners, who must see to the support of the home and the
integral education of their children through a joint effort
compatible with the social activities of both.
The law regulates the formalization, recognition and dissolution of
marriage and the rights and obligations deriving from such
acts.
Article 37: All children have the same rights, regardless of
being born in or out of wedlock.
Any qualification concerning the nature of the filiation is
abolished.
No statement shall be made either with to the difference in birth
or the civil status of the parents in the registration of the
children’s birth or in any other documents that mention
parenthood.
The state guarantees, through adequate legal mean, the
determination and recognition of paternity.
Article 38: The parents have the duty to provide nourishment for
their children; to help them to defend their legitimate interests
and in the realization of their just aspirations; and to contribute
actively to their education and integral development as useful and
well-prepared citizens for life in a socialist society.
It is the children’s duty, in turn, to respect and help their
parents.
Article 39: The state orients, foments and promotes education,
culture and science in all their manifestations.
Its educational and cultural policy is based on the following
principles:
a) the state bases its educational and cultural policy on the
progress made in science and technology, the ideology of Marx and
Martí, and universal and Cuban progressive pedagogical
tradition;
b) education is a function of the state and is free of charge. It
is based on the conclusions and contributions made by science and
on the close relationship between study and life, work and
production.
The state maintains a broad scholarship system for students and
provides the workers with multiple opportunities to study to be
able to attain the highest possible of knowledge and skills.
The law established the integration and structure of the national
system of education and the extent of compulsory education and
defines the minimum level of general education that every citizen
should acquire;
c) the state promotes the patriotic and communist education of the
new generations and the training of children, young people and
adults for social life.
In order to make this principle a reality, general education and
specialized scientific, technical or artistic education are
combined with work, development research, physical education,
sports, participation in political and social activities and
military training;
d) there is freedom of artistic creation as long as its content is
not contrary to the Revolution. There is freedom of artistic
expression;
e) in order to raise the level of culture of the people, the state
foments and develops artistic education, the vocation for creation
and the cultivation and appreciation of art;
f) there is freedom of creation and research in science. The state
encourages and facilitates research and gives priority to that
which is aimed at solving the problems related to the interests of
society and the well-being of the people;
g) the state makes it possible for the workers to engage in
scientific work and to contribute to the development of
science;
h) the state promotes, foments and develops all forms of physical
education and sports as a means of education and of contribution to
the integral development of citizens;
i) the state defends Cuban culture’s identity and sees to the
conservation of the nation’s cultural heritage and artistic and
historic wealth. The state protects national monuments and places
known for their natural beauty or their artistic or historic
values;
j) the state promotes the participation of the citizens, through
the country’s social and mass organizations, in the development of
its educational and cultural policy.
Article 40: The state and society give special protection to children and young people. It is the duty of the family, the schools, the state agencies and the social and mass organizations to pay special attention to the integral development of children and young people.
Article 41: All citizens have equal rights and are subject to equal duties.
Article 42: Discrimination because of race, skin color, sex,
national origin, religious beliefs and any other form of
discrimination harmful to human dignity is forbidden and will be
punished by law.
The institutions of the state educate everyone from the earliest
possible age in the principle of equality among human beings.
Article 43: The state consecrates the right achieved by the
Revolution that all citizens, regardless of race, skin color, sex,
religious belief, national origin and any situation that may be
harmful to human dignity:
- have access, in keeping with their merits and abilities, to all
state, public administration, and production services positions and
jobs; - can reach any rank in the Revolutionary Armed Forces and in
Security and internal order, in keeping with their merits and
abilities;
- be given equal pay for equal work;
- have a right to education at all national educational
institutions, ranging from elementary schools to the universities,
which are the same for all;
- be given health care in all medical institutions;
- live in any sector, zone or area and stay in any hotel;
- be served at all restaurants and other public service
establishments;
- use, without any separations, all means of transportation by sea,
land and air;
- enjoy the same resorts, beaches, parks, social centers and other
centers of culture, sports, recreation and rest.
Article 44: Women and men have the same rights in the economic,
political, cultural and social fields, as well as in the
family.
The state guarantees women the same opportunities and possibilities
as men, in order to achieve woman’s full participation in the
development of the country.
The state organizes such institutions as children’s day-care
centers, semi-boarding schools and boarding schools, homes for the
elderly and services to make it easier for the working family to
carry out its responsibilities.
The state looks after women’s health as well as that of their
offspring, giving working women paid maternity leave before and
after giving birth and temporary work options compatible with their
maternal activities.
The state strives to create all the conditions which help make real
the principle of equality.
Article 45: Work in a socialist society is a right and duty and
a source of pride for every citizen.
Work is remunerated according to its quality and quantity; when it
is provided, the needs of the economy and of society, the choice of
worker and his skills and ability are taken into account; this is
guaranteed by the socialist economic system, that facilitates
social and economic development, without crises, and has thus
eliminated unemployment and the "dead season."
Nonpaid, voluntary work carried out for the benefit of all society
in industrial, agricultural, technical, artistic and service
activities is recognized as playing an important role in the
formation of our people’s communist awareness.
Every worker has the duty to faithfully carry tasks corresponding
to him at his job.
Article 46: All those who work have the right to rest, which is
guaranteed by the eight-hour workday, a weekly rest period and
annual paid vacations.
The state contributes to the development of vacation plans and
facilities.
Article 47: By means of the Social Security System the state
assures adequate protection to every worker who is unable to work
because of age, illness or disability.
If the worker dies this protection will be extended to his
family.
Article 48: The state protects, by means of social assistance, senior citizens lacking financial resources or anyone to take them in or care for them, and anyone who is unable to work and has no relatives who can help them.
Article 49: The state guarantees the right to protection, safety
and hygiene on the job by means of the adoption of adequate
measures for the prevention of accidents at work and occupational
diseases.
Anyone who suffers an accident on the job or is affected by an
occupational disease has the right to medical care and to
compensation or retirement in those cases in which temporary or
permanent work disability ensues.
Article 50: Everyone has the right to health protection and
care. The state guarantees this right;
- by providing free medical and hospital care by means of the
installations of the rural medical service network, polyclinics,
hospitals, preventative and specialized treatment centers;
- by providing free dental care;
- by promoting the health publicity campaigns, health education,
regular medical examinations, general vaccinations and other
measures to prevent the outbreak of disease. All the population
cooperates in these activities and plans through the social and
mass organizations.
Article 51: Everyone has the right to education. This right is
guaranteed by the free and widespread system of schools,
semi-boarding and boarding schools and scholarships of all kinds
and at all levels of education and because of the fact that all
educational material is provided free of charge, which gives all
children and young people, regardless of their family’s economic
position, the opportunity to study in keeping with their ability,
social demands and the needs of socioeconomic development.
Adults are also guaranteed this right; education for them is free
of charge and with the specific facilities regulated by law, by
means of the adult education program, technical and vocational
education, training courses in state agencies and enterprises and
the advanced courses for workers.
Article 52: Everyone has the right to physical education, sports
and recreation.
Enjoyment of this right is assured by including the teaching and
practice of physical education and sports in the curricula of the
national educational system; and by the broad nature of the
instruction and means placed at the service of the people, which
makes possible the practice of sports and recreation on a mass
basis.
Article 53: Citizens have freedom of speech and of the press in
keeping with the objectives of socialist society. Material
conditions for the exercise of that right are provided by the fact
that the press, radio, television, cinema, and other mass media are
state or social property and can never be private property. This
assures their use at exclusive service of the working people and in
the interests of society.
The law regulated the exercise of those freedoms.
Article 54: The rights to assembly, demonstration and association are exercised by workers, both manual and intellectual, peasants, women, students and other sectors of the working people, and they have the necessary means for this. The social and mass organizations have all the facilities they need to carry out those activities in which the members have full freedom of speech and opinion based on the unlimited right of initiative and criticism.
Article 55: The state, which recognizes, respects and guarantees
freedom of conscience and of religion, also recognizes, respects
and guarantees every citizen’s freedom to change religious beliefs
or to not have any, and to profess, within the framework of respect
for the law, the religious belief of his preference.
The law regulates the state’s relations with religious
institutions.
Article 56: The home is inviolable. Nobody can enter the home of another against his will, except in those cases foreseen by law.
Article 57: Mail is inviolable. It can only be seized, opened
and examined in cases prescribed by law. Secrecy is maintained on
matters other than those which led to the examination.
The same principle is to be applied in the case of cable, telegraph
and telephone communications.
Article 58: Freedom and inviolability of persons is assured to
all those who live in the country.
Nobody can be arrested, except in the manner, with the guarantees
and in the cases indicated by law.
The persons who has been arrested or the prisoner is inviolable in
his personal integrity.
Article 59: Nobody can be tried or sentenced except by the
competent court by virtue of laws which existed prior to the crime
and with the formalities and guarantees that the laws
establish.
Every accused person has the right to a defense.
No violence or pressure of any kind can be used against people to
force them to testify, All statements obtained in violation of the
above precept are null and void and those responsible for the
violation will be punished as outlined by law.
Article 60: Confiscation of property is only applied as a punishment by the authorities in the cases and by the methods determined by law.
Article 61: Penal laws are retroactive when they benefit the accused or person who has been sentenced. Other laws are not retroactive unless the contrary is decided for reasons of social interest or because it is useful for public purposes.
Article 62: None of the freedoms which are recognized for citizens can be exercised contrary to what is established in the Constitution and by law, or contrary to the existence and objectives of the socialist state, or contrary to the decision of the Cuban people to build socialism and communism. Violations of this principle can be punished by law.
Article 63: Every citizen has the right to file complaints with and send petitions to the authorities and to be given the pertinent response or attention within a reasonable length of time, in keeping with the law.
Article 64: Every citizen has the duty of caring for public and social property, observing work discipline, respecting the rights of others, observing standards of socialist living and fulfilling civic and social duties.
Article 65: Defense of the socialist homeland is the greatest
honor and the supreme duty of every Cuban citizen.
The law regulates the military service which Cubans must do.
Treason against one’s country is the most serious of crimes; those
who commit it are subject to the most severe penalties.
Article 66: Strict fulfillment of the Constitution and the laws is an inexcusable duty of all.
Article 67: In the case of or in the face of an imminent natural
disaster or catastrophe or any other circumstance that because of
its nature, proportion or importance affects public order, the
country’s security or the state’s stability, the president of the
Council of State may declare a state of emergency in the entire
national territory or in part of it, and order the mobilization of
the population while it is in force.
The law regulates the manner in which the state of emergency is
declared, its effects and its termination. It also determines the
fundamental rights and duties recognized in the Constitution, its
exercise being regulated in a different manner during the time the
state of emergency is in force.
Article 68: State agencies are set up carry out their activity
based on the principles of socialist democracy, which are
manifested in the following regulations:
a) all members or representative bodies of state power are elected
and subject to recall;
b) the masses control the activity of the state agencies, the
deputies, delegates and officials;
c) those elected must render an account of their work and may be
revoked at any time;
d) every state agency develops in a far-reaching manner, within its
jurisdiction, initiatives aimed at taking advantage of the
resources and possibilities which exist on a local level and to
include the mass and social organizations in their work;
e) decisions of higher state bodies are compulsory for inferior
ones;
f) inferior state bodies are responsible to higher ones and must
render accounts of their work;
g) freedom of discussion, criticism and self-criticism and
sub-ordination of the minority to the majority prevail in all
collegiate state bodies.
Article 69: The National Assembly of People’s Power is the supreme body of state power and represents and expresses the sovereign will of all the people.
Article 70: The National Assembly of People’s Power is the only body in the Republic invested with constituent and legislative authority.
Article 71: The National Assembly of People’s Power is comprised of deputies elected by free, direct and secret vote, in the proportion and according to the procedure established by law.
Article 72: The National Assembly of People’s Power is elected
for a period of five years.
The period can only extended by virtue of a resolution of the
Assembly itself in the event of war or in the case of other
exceptional circumstances that may impede the normal holding of
elections and while such circumstances exist.
Article 73: The National Assembly of People’s Power, on meeting for a new legislature, elects from among its deputies its president, vice president and secretary. The law regulates the manner and procedure in which the Assembly is constituted and carries out this election.
Article 74: The National Assembly of People’s Power elects, from
among its deputies, the Council of State, which consists of one
president, one first vice president, five vice presidents, one
secretary and 23 other members.
The president of the Council of State is, at the same time, the
head of state and head of government.
The Council of State is accountable for its action to the National
Assembly of People’s Power, to which it must render accounts of all
its activities.
Article 75: The National Assembly of People’s Power is invested
with the following powers:
a) deciding on reforms to the Constitution according to that
established in Article 137;
b) approving, modifying and annulling laws after consulting with
the people when it is considered necessary in view of the nature of
the law in question;
c) deciding on the constitutionality of laws, decree-laws, decrees
and all other general provisions;
d) revoking in total or in part the decree-laws issued by the
Council of State;
e) discussing and approving the national plans for economic and
social development;
f) discussing and approving the state budget;
g) approving the principles of the system for planning and the
management of the national economy;
h) approving the monetary and credit system;
i) approving the general outlines of foreign and domestic
policy;
j) declaring a state of war in the event of military aggression and
approving peace treaties;
k) establishing and modifying the political-administrative division
of the country pursuant to that established in Article 102;
l) electing the president, vice president and secretary of the
National Assembly;
m) electing the president, the first vice president, the vice
presidents, the secretary, and the other members of the Council of
State;
n) approving, at the initiative of the president of the Council of
State, the first vice president, the vice presidents and the other
members of the Council of Ministers;
o) electing the president, vice presidents and other judges of the
People’s Supreme Court;
p) electing the attorney general and the deputy attorney generals
of the Republic;
q) appointing permanent and temporary commissions;
r) revoking the election or appointment of those persons elected or
appointed by it;
s) exercising the highest supervision over state and government
bodies;
t) keeping informed and evaluating and adopting pertinent decisions
on the reports on the rendering of accounts submitted by the
Council of State, the Council of Ministers, the People’s Supreme
Court, the Office of the Attorney General of the Republic and the
Provincial Assemblies of People’s Power.
u) revoking those provisions or decree-laws of the Council of State
and the decrees or resolutions of the Council of Ministers which
are contrary to the Constitution or the law;
v) revoking or modifying those resolutions or provisions of the
local bodies of People’s Power which encroach on the Constitution,
the laws, the decree-laws, the decrees and other provisions issued
by a higher body, or those which are detrimental to the interests
of other localities or the general interests of the nation;
w) granting amnesty;
x) calling for the holding of a referendum in those cases provided
by the Constitution and others which the Assembly considers
pertinent;
y) establishing its ruler and regulations;
z) all other powers invested by this Constitution.
Article 76: All laws and resolutions of the National Assembly or People’s Power, barring those in relation to reforms in the Constitution, are adopted by a simple majority vote.
Article 77: All laws approved by the National Assembly of
People’s Power go into effect on the date determined by those laws
in each case.
Laws, decree-laws, decrees and resolutions, regulations and other
general provisions of the national state bodies are published in
the Official Gazette of the Republic.
Article 78: The National Assembly of People’s Power holds two regular sessions a year and a special session when requested by one third of the membership or when called by the Council of State.
Article 79: More than half of the total number of deputies must be present for a session of the National Assembly of People’s Power to be held.
Article 80: All sessions of the National Assembly of People’s Power are public, excepting when the Assembly resolves to hold a closed-door session on the grounds of state interest.
Article 81: The president of the National Assembly of People’s
Power is invested with the power to:
a) preside over the sessions of the National Assembly and see to it
that its regulations are put into effect;
b) call the regular sessions of the National Assembly;
c) propose the draft agenda for the sessions of the National
Assembly;
d) sign and order the publication in the Official Gazette of the
Republic of the laws and resolutions adopted by the National
Assembly;
e) organize the international relations of the National
Assembly;
f) conduct and organize the work of the permanent and temporary
commissions appointed by the National Assembly;
g) attend the meeting of the Council of State;
h) all other powers assigned to him by this Constitution or the
National Assembly of People’s Power.
Article 82: The status of deputy does not entail personal
privileges or economic benefits of any kind.
During the period in which they carry out their activities, the
deputies receive the same salary as in their workplace and maintain
their links with it, for all purposes.
Article 83: No deputy to the National Assembly of People’s Power may be arrested or placed on trial without the authorization of the Assembly – or the Council of State if the Assembly is not in session – except in cases of flagrant offenses.
Article 84: It is the duty of the deputies to the National Assembly of People'’ Power to exercises their duties in benefit of the people'’ interests, stay in contact with their electors, listen to their problems, suggestions and criticism, and explain the policy of the state. They will also render account to them of the results of their activities, as prescribed by law.
Article 85: The mandate of the deputies to the National Assembly of People’s Power may be revoked at any time, in the ways and for the causes prescribed by law.
Article 86: The deputies to the National Assembly of People’s Power have the right to make inquiries to the Council of State, the Council of Ministers or the members of either and to have these inquiries answered during the course of the same session or at the next session.
Article 87: It is the duty of all state bodies and enterprises to provide all necessary cooperation to the deputies in the discharge of their duties.
Article 88: The proposal of laws is the responsibility of:
a) the deputies to the National of People’s Power;
b) the Council of State;
c) the Council of Ministers;
ch) the commissions of the National Assembly of People’s
Power;
d) the Central Organization of Cuban Trade Unions and the national
offices of the other social and mass organizations;
e) the People’s Supreme Court, in matters related to the
administration of justice;
f) the Office of the Attorney General of the Republic, in maters
within its jurisdiction;
g) the citizens. In this case it is an indispensable prerequisite
that the proposal be made by at least 10 000 citizens who are
eligible to vote.
Article 89: The Council of State is the body of the National
Assembly of People’s Power that represents it in the period between
sessions, puts its resolutions into effect and complies with all
the other duties assigned by the Constitution.
It is collegiate and for national and international purposes it is
the highest representative of the Cuban state.
Article 90: The Council of State is invested with the power
to:
a) summon special sessions of the National Assembly of People’s
Power;
b) set the date for the elections for the periodic renovation of
the National Assembly of People’s Power;
c) issue decree-laws in the period between the sessions of the
National Assembly of People’s Power;
d) give existing laws a general and obligatory interpretation
whenever necessary;
e) exercise legislative initiative;
f) make all the necessary arrangements for the holding of
referendums called for by the National Assembly of People’s
Power;
g) decree a general mobilization whenever the defense of the
country makes it necessary and assume the authority to declare war
in the event of aggression or to approve peace treaties – duties
which the Constitution assigns to the National Assembly of People’s
Power – when the Assembly is in recess and cannot be called to
session with the necessary security and urgency;
h) replace, at the initiative of its president, the members of the
Council of Ministers in the period between the sessions of the
National Assembly of People’s Power;
i) issue general instructions to the courts through the Governing
Council of the People’s Supreme Court;
j) issue instructions to the Office of the Attorney General of the
Republic;
k) appoint and remove, at the initiative of its president, the
diplomatic representatives of Cuba in others states;
l) grant decorations and honorary titles;
m) name commissions;
n) grant pardons;
o) ratify or denounce international treaties;
p) grant or refuse recognition to diplomatic representatives of
other states;
q) suspend those provisions of the Council of Ministers and the
resolutions and provisions of the Local Assemblies of People’s
Power which run counter to the Constitution or the law or which run
counter to the interests of other localities or to the general
interests of the country, reporting on this action to the National
Assembly of People’s Power in the first session held following the
suspension agreed upon;
r) revoke those resolutions and provisions of the local bodies of
People’s Power which infringe the Constitution, the laws, the
decree-laws, the decrees and other provisions issued by a higher
body or when they are detrimental to the interests of other
localities or to the general interests of the nation;
s) approve its rules and regulations;
t) it is also invested with the other powers conferred by the
Constitution and laws or granted by the National Assembly of
People’s Power.
Article 91: All the decisions of the Council of State are adopted by a simple majority vote of its members.
Article 92: The mandate entrusted to the Council of State by the National Assembly of People’s Power expires when the new Council of State, elected by virtue of its periodic renovation, takes power.
Article 93: The president of the Council of State is head of
government and is invested with the power to:
a) represent the state and the government and conduct their general
policy;
b) organize and conduct the activities of, call for the holding of
and preside over the sessions of the Council of State and the
Council of Ministers;
c) control and supervise the development of the activities of the
ministries and other central agencies of the administration;
d) assume the leadership of any ministry or central agency of the
administration;
e) propose to the National Assembly of People’s Power, once elected
by the later, the members of the Council of Ministers;
f) accept the resignation of the members of the Council of
Ministers or propose either to the National Assembly of People’s
Power or the Council of State the replacement of any of those
members and, in both cases, to proposes the corresponding
substitutes;
g) receive the credentials of the heads of the heads of foreign
diplomatic missions. This responsibility may be delegated to any of
the vice presidents of the Council of State;
h) assume the supreme command of all armed institutions and
determine their general organization;
i) preside over the National Defense Council;
j) declare a state emergency in those cases provided for in this
Constitution, stating his decision, as soon as the circumstances
permit it, to the National Assembly of People’s Power or to the
Council of State if the Assembly is unable to meet, according to
legal effects;
k) sign decree-laws and other resolutions of the Council of State
and the legal provisions adopted by the Council of Ministers or its
Executive Committee, and arrange for their publication in the
Official Gazette of the Republic;
l) assume all other duties assigned it by the Constitution or by
law.
Article 94: In cases of the absence, illness or death of the president of the Council of State, the first vice president assumes the president’s duties.
Article 95: The Council of Ministers is the highest ranking executive and administrative body and constitutes the government of the Republic. The number, denomination and functions of the ministries and central agencies making up the Council of Ministers are determined by law.
Article 96: The Council of Ministers is composed of the head of state and government, as its president, the first vice president, the vice presidents, the ministers, the secretary and the other members that the law determines.
Article 97: The president, first vice president, vice presidents
and other members of the Council of Ministers, as determined by the
president, make up the Executive Committee.
In periods between the meetings of the Council of Ministers, the
Executive Committee can decide on matters under the jurisdiction of
the Council of Ministers.
Article 98: The Council of Ministers is invested with the power
to:
a) organize and conduct the political, economic, cultural,
scientific, social and defense activities outlined by the National
Assembly of People’s Power;
b) propose the draft general plans for the socioeconomic
development of the state and, after these are approved by the
National Assembly of People’s Power, organize, conduct and
supervise their implementation;
c) conduct the foreign policy of the Republic and relations with
other governments;
d) approve international treaties and submit them to ratification
by the Council of State;
e) direct and control foreign trade;
f) draw up the draft for the state budget and, once it is approved
by the National Assembly of People’s Power, to see to its
implementation;
g) adopt measures aimed at strengthening the monetary and credit
system;
h) draw up bills and submit them to the consideration of the
National Assembly of people’s Power or the Council of State,
accordingly;
i) see to national defense, the maintenance of order and security
at home, the protection of citizens’ rights and the protection of
lives and property in the event of natural disasters;
j) conduct the administration of the state and unify, coordinate
and supervise the activities of the agencies of the central
administration and local administrations;
k) implement the laws and resolutions of the National Assembly of
People’s Power and the decree-laws and provisions issued by the
Council of State and, if necessary, dictate the corresponding
regulations;
l) issue decrees and provisions on the basis of and pursuant to the
existing laws and supervise their implementation;
m) revoke the decisions taken by those administrations subordinated
to the Provincial or Municipal Assemblies of People’s Power,
adopted according to the powers delegated by the central state
administration agencies, when these are contrary to the
instructions issued from a higher level and whose fulfillment is
compulsory;
n) propose to the Provincial and Municipal Assemblies of People’s
Power the revocation of those provisions adopted during their
specific activities by the provincial and municipal administrations
subordinated to them, when these are contrary to the instructions
approved by the central state administration agencies, in the
exercise of their functions;
o) revoke those provisions issued by heads of central state
administration agencies when these are contrary to the instructions
issued from a higher level and whose fulfillment is
compulsory;
p) propose to the National Assembly of People’s Power or to the
Council of State the suspension of those resolutions and provisions
issued by the local assemblies of People’s Power which infringe
existing laws and other provisions or are detrimental to the
interests of other communities or the general interests of the
nation;
q) name the commissions it deems necessary to facilitate the
fulfillment of the tasks assigned to it;
r) appoint and remove officials in keeping with the powers it is
invested with by the law;
s) assume any duty assigned to it by the National Assembly of
People’s Power or the Council of State.
The law regulates the organization and functioning of the Council
of Ministers.
Article 99: The Council of Ministers is accountable to and periodically renders account of its activities to the National Assembly of People’s Power.
Article 100: The members of the Council of Ministers are
invested with the power to:
a) conduct the affairs and tasks of the ministry or agency under
their care, issuing the necessary resolutions and provisions to
that effect;
b) dictate, in the event it is not the specific duty of another
state body, the necessary regulations to make possible the
implementation of those laws and decree-laws which concern
them;
c) attend the sessions of the Council of Ministers, with the right
to speak and vote, and submit to the consideration of the Council
whatever bill, decree-law, decree, resolution or any other proposal
they consider advisable;
d) appoint, according to the law, the corresponding
officials;
e) they are also invested with any other power with which the
Constitution and laws invest them.
Article 101: The National Defense Council is constituted and prepared during peacetime to lead the country in conditions of a state of war, during a war, a general mobilization or a state of emergency. The law regulates its organization and activities.
Article 102: For political-administrative purposes the country
is divided into provinces and municipalities; their number,
boundaries and names are determined by law.
The law many also establish other divisions.
The province is the local society having, to all legal effects, a
juridical personality. It is politically organized according to law
to serve as an intermediate link between the central and municipal
governments, covering a surface area equivalent to the
municipalities within its demarcation. It exercises the functions
and fulfills the state and administrative duties which are under
its jurisdiction and has the fundamental duty of promoting the
economic and social development of its territory, for which it
coordinates and controls the fulfillment of the policies, programs
and plans approved by the higher state bodies, with the support of
its municipalities and taking their interests into account.
The municipality is the local society having, to all legal effects,
a juridical personality. It is politically organized according to
law, covering a surface are that is determined by the necessary
economic and social relations of its population, and with the
capacity to meet the minimum local needs.
The provinces and municipalities, in addition to exercising their
corresponding functions, contribute to the realization of the
state’s objectives.
Article 103: The Assemblies of People’s Power set up in the
political-administrative divisions into which the country is
divided are the higher local bodies of state power. Therefore, they
are invested with the highest authority for the exercise of their
state functions within their respective boundaries. To this effect
they govern in all that is under their jurisdiction and the
law.
They also aid in the development of activities and the fulfillment
of plans of those units in their territory which are not
subordinated to them, as prescribed by law.
The local administrations established by these Assemblies direct
the economic, production and service entities locally subordinated
to them, with the purpose of meeting the needs for economic, health
care, assistance, educational, cultural, sports and recreational
services of the collective in the territory under the jurisdiction
of each.
For the exercise of their functions the local Assemblies of
People’s Power find support in the People’s Councils and the
initiative and broad participation of the population and they act
in close coordination with the social and mass organizations.
Article 104: The People’s Councils are constituted in cities,
towns, neighborhoods and rural areas; they are invested with the
highest authority for carrying out their functions; they represents
the territory where they carry out their functions and also
represent the municipal, provincial and national bodies of People’s
Power.
They work actively for efficiency in the development of production
and service activities and for meeting the needs for health care,
economic, educational, cultural and social activities of the
population, promoting the broadest participation of the population
and the local initiatives to resolve their problems.
They coordinate the work of the existing entities in their field of
action, promote cooperation among them and control and supervise
their activities.
The People’s Councils are made up of the delegates elected in the
districts, who must choose among themselves their president. The
representatives of mass organizations and the most important
institutions in the territory may form part of the Councils.
The law regulates the organizations and functions of the People’s
Councils.
Article 105: In the limits of their jurisdiction, the Provincial
Assemblies of People’s Power are invested with the power to:
a) obey and help to enforce the laws and other general regulations
adopted by the higher state bodies;
b) approve and control the execution of the province’s income and
spending budget and plan, according to the policies agreed upon by
the competent national agencies;
c) elect or recall the president and vice president of the
Provincial Assembly;
d) designate or substitute the secretary of the Assembly;
e) participate in the drawing up and supervision of the state
budget and technical-economic plan, corresponding to the entities
located in its territory and subordinated to other bodies, as
prescribed by law;
f) control and supervise the activities of the provincial
administration body with the help of its work commissions;
g) designate or substitute the members of the provincial
administration body, at the proposal of its president;
h) determine, according to the principles established by the
Council of Ministers, the organization, functioning and tasks of
the entities in charge of carrying out the economic, production and
services, educational, health care, cultural, sports, protection of
the environment and recreational activities, which are subordinated
to the provincial administration body;
i) adopt agreements concerning administration matters in its
territory and which, according to law, do not correspond to the
general jurisdiction of the central state administration or to that
of the municipal bodies of state power;
j) approve the creation and organization of the People’s Councils
at the proposal of the Municipal Assemblies of People’s
Power;
k) revoke, in the framework of its jurisdiction, the decisions
adopted by the provincial administration body or propose their
revocation to the Council of Ministers when these decisions have
been adopted while acting according to the faculties entrusted to
them by the central state administration agencies;
l) study and evaluate the rendering of accounts reports presented
by their administration body and the Assemblies of People’s Power
which are their subordinates, and adopt the pertinent decisions
regarding those reports;
m) set up or dissolve work commissions;
n) attend to all that relevant to the application of the policy on
cadres drawn up by the higher state bodies;
o) strengthen legality, public order and the country’s defense
capacity;
p) assume any other duty assigned by the Constitution and by
law.
Article 106: In the limits of their jurisdiction, the Municipal
Assemblies of People’s power are invested with the power to:
a) obey and help to enforce the laws and other general regulations
adopted by the higher state bodies;
b) elect or recall the president and vice president of the
Assembly;
c) designate or substitute the secretary of the Assembly;
d) supervise and control the entities subordinated to the municipal
body, with the support of the work commissions;
e) revoke or modify the resolutions and measures of the bodies or
authorities subordinated to them which are contrary to the
Constitution or the laws, decrees-laws, decrees, resolutions
enacted by the higher state bodies or those which affect the
interest of the community, of other territories or the general
interests of the country, or propose their revocation to the
Council of Ministers when they have been adopted while acting
according to the faculties entrusted to them by the central state
administration agencies;
f) adopt agreements and enact measures in the framework of the
Constitution and the laws in force, on matters of municipal
interest, and control their application;
g) designate or substitute the members of its administration body
on the proposal of its president;
h) determine, according to the principles established by the
Council of Ministers, the organization, functioning and tasks of
the entities in charge of carrying out economic, production and
services, and health care activities, and others such as
assistance, educational, cultural, sports, protection of the
environment and recreational activities which are subordinated to
its administration body;
i) propose the creation and organization of the People’s Councils,
as established by law;
j) constitute or dissolve work commissions;
k) approve the municipality’s socioeconomic plan and budget,
following the policy drawn up for this by the competent agencies of
the central state administration, and control their
execution;
l) help in the development of activities and the fulfillment of
production and service plans of the entities located in their
territory which are not subordinated to them, for which they can
draw support from their work commissions and administration
body;
m) study and evaluate the rendering of accounts reports presented
by their administration body and adopt the pertinent decisions
thereof;
n) attend to all that having to do with the application of the
policy on cadres drawn up by the higher state bodies:
o) strengthen legality, public order and the country’s defense
capacity;
p) carry out any other functions assigned by the Constitution and
by law.
Article 107: The regular and special sessions of the local Assemblies of People’s Power are public, except in cases when it is agreed to hold them behind closed doors for reasons of state or when matters referring to the decorum of persons are involved.
Article 108: In order for agreements of the local Assemblies of People’s Power to be valid, more than half of the total number of members must be present. Agreements are adopted by simple majority.
Article 109: The entities organized to meet local needs with the aim of fulfilling their specific objectives, are ruled by laws, decree-laws and decrees; by agreements adopted by the Council of Ministers; by regulations issued by the heads of central state administration agencies on matters under their jurisdiction which are of general interest and that require being regulated on a national level; and by agreements adopted by the local bodies to which they are subordinated.
Article 110: The permanent work commissions are constituted by
the Provincial and Municipal Assemblies of People's Power to meet
the specific interests of their localities, in order to help them
carry out their activities and especially to control and supervise
the locally subordinated entities and others corresponding to
further levels of subordination which are located in their
territory.
Temporary commissions fulfill specific tasks assigned within the
time limits indicated.
Article 111: The Provincial Assemblies of People’s Power are
renovated every five years, which is the delegates’ tern of
office.
The Municipal Assemblies of People’s Power are renovated every two
and a half years, which is the delegates’ tern of office.
These terns may only be extended by decision of the National
Assembly of People’s Power, in the cases mentioned in Article
72.
Article 112: The tern of the delegated to local Assemblies may be revoked at any time. The law prescribes the manner, the cases and the methods in which they may be revoked.
Article 113: The delegates fulfill the mandate of their electors, in the interest of all the community, for which they must coordinate their functions as such with their usual responsibilities and tasks. The law regulates the manner in which these functions are carried out.
Article 114: The delegates to the Municipal Assemblies of
People’s Power have the rights and duties conferred by the
Constitution and by law and they are especially obliged to:
a) make the opinions, needs and problems expressed by their
electors known to the Assembly and to the local
administration;
b) report to their electors on the policies of the Assembly and the
measures adopted to resolve the problems posed by the population or
outline the reason why they have not been resolved;
c) render account of their activities on a regular basis to their
electors, and report to the Assembly or to the commission they
belong to on the fulfillment of the tasks assigned to them when
they are asked to do so.
Article 115: The delegates to the Provincial Assemblies of People’s Power have the duty to carry out their activities for the benefit of the collective and report on the measures taken by them on a personal basis, according to the procedure established by law.
Article 116: The Provincial and Municipal Assemblies of People’s Power elect their president and vice president from among their delegates.
Article 117: The president of the Provincial and Municipal Assemblies of People’s Power are also the presidents of their respective administration bodies and represent the state in their territories. Their functions are established by law.
Article 118: The administration bodies which constitute the Provincial and Municipal Assemblies of People’s Power work on a collegiate basis and their composition, integration, functions and duties are established by law.
Article 119: The Provincial and Municipal Defense Councils and the Defense Zone Councils are constituted and organized during peacetime to conduct their respective territories’ affairs, in conditions of a state of war, during a war, a general mobilization or a state of emergency, based on the general defense plan and the army’s military councils corresponding role and responsibilities. The National Defense Council determines, according to law, the organization and functions of these Councils.
Article 120: The function of administering justice springs from
the people and is carried out on its behalf by the People’s Supreme
Court and the other courts which the law establishes.
The law establishes the main objectives of judicial activity and
regulates the organization of the courts; the extension of their
jurisdiction and competence; their authority and the form of
exercising it; the standards that judges must meet, the manner in
which they must be elected and the causes and methods for recalling
them or for the cessation of their functions.
Article 121: The courts constitute a system of state bodies
which are set up with functional independence from all other
systems and they are only subordinated to the National Assembly of
People’s Power and the Council of State.
The People’s Supreme Court is the foremost judicial authority and
its decisions in this field are final.
Through its Governing Council it can propose and issue regulations;
make decisions and enact norms whose fulfillment is compulsory for
all courts and, based on their experience, it issues instructions
which are also compulsory in order to establish uniform judicial
practice in the interpretation and application of the law.
Article 122: The judges, in their function of administering justice, are independent and only owe obedience to the law.
Article 123: The sentences and other decisions of the courts, pronounced or enacted within the limits of their jurisdiction, must be obeyed and implemented by state agencies, economic and social institutions and citizens, by those directly affected and by those who do not have a direct interest in their implementation but have the only the duty to participate in it.
Article 124: For administering justice all courts function in a
collegiate form and professional and lay judges participate in them
with equal rights and duties.
The judicial functions assigned to lay judges, in view of their
social importance, have priority over their usual occupation.
Article 125: The courts render an account of the results of their work in the manner and with the periodicity established by law.
Article 126: Judges can only be recalled by the body which elected them.
Article 127: The Office of the Attorney General of the Republic
is the state body which has, as its fundamental objective,
jurisdiction over the control and preservation of legality by
ensuring that the Constitution, the law and other legal regulations
are strictly obeyed by state agencies, economic and social entities
and citizens; and representing the state in the promotion and
exercise of public legal action.
The law determines the other objectives and functions as well as
the form, duration and occasion in which the Office of the Attorney
General exercises its power.
Article 128: The Office of the Attorney General of the Republic
constitutes an organic unit which is only subordinated to the
National Assembly of People’s Power and the Council of State.
The Attorney General of the Republic is given instructions directly
from the Council of State.
The Attorney General of the Republic will handle the direction and
control of all the work done by his office all over the
country.
The bodies of the Office of the Attorney General are organized in a
vertical manner all over the country. They are subordinate only to
the Office of the Attorney General of the Republic and are
independent of all local bodies.
Article 129: The Attorney General of the Republic and the assistant attorney generals are elected and subject to recall by the National Assembly of People’s Power.
Article 130: The Attorney General of the Republic renders an account of his work to the National Assembly of People’s Power in the form and with the periodicity established by law.
Article 131: All citizens, with the legal capacity to do so, have the right to take part in the leadership of the state, directly or through their elected representatives to the bodies of People’s Power, and to participate, for this purpose and as prescribed by law, in the periodic elections and people’s referendums through free, equal and secret vote. Every voter has only vote.
Article 132: All Cubans over 16 years of age, men and women
alike, have the right to vote except those who:
a) are mentally disabled and have been declared so by court;
b) have committed a crime and because of this have lost the right
to vote.
Article 133: All Cuban citizens, men and women alike, who have
full political rights can be elected.
If the election is for deputies to the National Assembly of
People’s Power they must be more than 18 years old.
Article 134: Members of the Revolutionary Armed Forces and other military institutions of the nation have the right to elect and be elected, just like any other citizen.
Article 135: The law determines the number of delegates that make up each of the Provincial and Municipal Assemblies, in proportion to the number of people who live in each of the regions into which, for electoral purposes, the country is divided. The delegates to the Provincial and Municipal Assemblies are elected by the voters through free, direct and secret vote. Moreover, the law regulates the procedure for their election.
Article 136: In order for deputies or delegates to be considered
elected they must get more than half the number of valid votes cast
in the electoral districts.
If this does not happen, or in cases of vacant posts, the law
regulates the procedure to be followed.
Article 137: This Constitution can only be totally or partially
modified by the National Assembly of People’s Power by means of
resolutions adopted by roll-call vote by a majority of no less than
two-thirds of the total number of members.
If the modification is total or has to do with the integration and
authority of the National Assembly of People’s Power or its Council
of State or the rights and duties contained in the Constitution,
the approval of the majority of citizens with the right to vote is
required via a referendum organized for this purpose by the
Assembly. This Constitution, which was proclaimed on February 24,
1976, contains the reforms approved by the National Assembly of
People’s Power in the 11th Regular Session of the 3rd Legislature,
held on July 10, 11 and 12 of 1992.
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  | Constitution of Cuba 1992 - Constitution of Cuba - Wikisource |
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