Constitution of the
Republic of Cuba, 1992
PREAMBLE
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:
CONSTITUTION
CHAPTER I
POLITICAL, SOCIAL AND ECONOMIC
PRINCIPLES OF THE STATE
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 lag 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.
CHAPTER II
CITIZENSHIP
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.
CHAPTER II
ALIENS
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.
CHAPTER IV
THE FAMILY
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.
CHAPTER V
EDUCATION AND CULTURE
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.
CHAPTER VI
EQUALITY
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.
CHAPTER VII
FUNDAMENTAL RIGHTS, DUTIES AND GUARANTEES
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.
CHAPTER VIII
STATE OF EMERGENCY
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.
CHAPTER IX
PRINCIPLES OF ORGANIZATION
AND FUNCTIONING OF STATE AGENCIES
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.
CHAPTER X
HIGHER BODIES OF PEOPLE’S POWER
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 inARTICLE 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 inARTICLE
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;
d) the commissions of the National Assembly
of People’s Power;
e) the Central Organization of Cuban Trade Unions
and the national offices of the other social and mass organizations;
f) the People’s Supreme Court, in matters related
to the administration of justice;
g) the Office of the Attorney General of the
Republic, in maters within its jurisdiction;
h) 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.
CHAPTER XI
POLITICAL-ADMINISTRATIVE DIVISION
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.
CHAPTER XII
LOCAL BODIES OF PEOPLE’S POWER
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
inARTICLE 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.
CHAPTER XIII
THE COURTS AND THE OFFICE
OF THE ATTORNEY GENERAL
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.
CHAPTER XIV
ELECTORAL SYSTEM
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.
CHAPTER XV
CONSTITUTIONAL REFORMS
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 of 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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