Constitutional Reform in Cuba: Ten Key Questions

The Cuban people are living another important moment in their history: the current Constitution of the Republic – approved in 1976 with the support of 97.7% of citizens – is moving towards total reform, in a process that will be wide General Raul Castro Ruz, first secretary of the Central Committee of the Communist Party of Cuba, leads a committee of 33 deputies representing all sectors of society, which gives them a heterogeneous vision, science, the drafting of the project to submit to the National Assembly of People's Power (ANPP).

For a time, a group of experts on constitutional issues – including many MPs – worked on the preparation of the bases and foundations of the reforma

The Cuban news agency shares with its readers 10 key points about the current constitutional process:

Why do countries have constitutions? 9006] The Constitution is the basic law upon which a state is founded. Establishes the foundations of the nation, the structure of powers and their scope, while guaranteeing the rights and duties of citizens.

It is the most important legal-political document of any country, the law that draws the legislative lines for the rest of the rules that involve all sectors of society

What is it? that a constitutional reform?

The reform of the Constitution is the partial or total revision of the Constitution of a state and can be taken effect of different forms.

Our current Constitution, in its article 137, establishes that the ANPP is the only body entitled to modify it by an adopted agreement – by roll-call vote, by a majority of at least two-thirds of the total number of its members – except in respect of the political, social and economic system, the irrevocable nature of which is stipulated in Article 3 of Chapter I, and the prohibition to negotiate the recession, threat or coercion of its members. a foreign power, in accordance with Article 11.

If the reform refers to the integration and powers of the ANPP or the State Council, or the rights and the duties included in the Constitution, it must also be ratified by a favorable vote of the majority of citizens with electoral rights, in a referendum convened for this purpose by the Assembly itself.

Why do it now?

Collect the socio-economic transformations in the Constitution carried out in the country during all these years, as well as the implementation of a state structure in line with current times, all in accordance with the agreements approved in the 6th and 7th Congress of the Communist Party of Cuba, the main force of society and the state

In the current scenario of changes, it is also essential to recognize other forms of property, as well as of other forms of property. to incorporate into the constitutional text the content of and international protocols which, in the matter of citizens' rights, have been signed by Cuba in recent years, under the precept of equality between peoples, without discrimination of any kind; no kind.

Also think about what has been said in Parliament to limit to two mandate periods the fundamental positions of the nation, should be reflected in the new law of the laws.

It is a question of changing the supreme law of the country to have a more functional and modern state and a government that goes hand in hand with the changes in the nation envisaged in the documents approved by the Communist Party of Cuba: conceptualization of the Cuban model of social and economic development, the basics of the National Economic and Social Development Plan up to 2030 and the guidelines of economic policy and the social of the party and the revolution

What are the measures what is a process of this type considering?

The first steps have already been made: the National Assembly The People's Power has agreed to begin the process and has appointed 33 of its deputies to execute the draft Constitution which will be discussed, clause by clause, in plenary session of Parliament and will be put to a vote in this body.

Magna then goes through an extensive process of popular discussion across the country, as has been the practice in Cuba throughout the history of the Revolution. Every citizen can express their criteria and suggest changes to the normative document.

Debates in neighborhoods and work centers should reflect the authentic expression of participation and popular democracy, unusual in the world, especially when one examines what has happened. similar constituent processes in other countries.

Each of the opinions and proposals will be evaluated by the parliamentary committee. An updated draft constitution as a result of this process will be returned to the National Assembly, will be discussed again and the text will be subject to ratification in a popular referendum by direct and secret ballot of each citizen.

Is it necessary to organize a referendum? the new Constitution?

Yes. Mandated by the current law. A referendum is a method of citizen participation through which the people can approve or reject a law or other legal provision by vote. During the holding of the referendum, every Cuban citizen will have the opportunity to vote for the approval of the new Constitution with a simple cross in the box with the YES or NO

Why a constitutional reform of the I & # 39; ANPP and does not convene

The current Constitution of the Republic does not provide for a reform mechanism through a Constituent Assembly.

Article 69 of the current Constitution provides that the National Assembly of People's Power is the supreme body of the Constitution. Power of State and represents and expresses the sovereign will of all the people; while in 70 it is stated that it is the only body with the legislative and constitutive power in the Republic, so it is not necessary to convene a Constituent Assembly – as in other countries – because ours is in itself since it was conceived in 1976.

Why a total and not partial reform of the Constitution?

A total reform of the Constitution implies profound changes in the Constitution and this leads to the new instrument. Almost all items are eliminated, increased or modified.

Partial reforms were made to the 1976 Constitution in 1978, 1992 and 2002.

The structure of the current Magna Carta will be incorporated new titles, chapters and a new article.

If the principles are concerned, which ones will not change in the new fundamental law of the Republic?

The principles of social justice and humanism are taken into account in the current Constitution that shape the political system and are considered as unyielding pillars, such as the irrevocability of the socialist system, the unity of the people and the leading role of the Party as the organized avant-garde and leading force of society and the state.

sum, the new Constitution will mean the modernization and evolution of the humanist precepts defended by the Revolution and historically endorsed by Cubans. [19659005] What personal benefits does a new constitution provide?

Also known as the Law of Laws or Magna Carta, they are written on the premise that they serve as a guide for developing more specific legal instruments. Establishes duties and rights and, as José Marti would say, the Cuban apostle helps to make the "first law of our Republic the cult of Cubans to the full dignity of man".

Personally, every Cuban has his Constitution an instrument of defense of their rights and a compbad for their homework.

A new constitutional text is a very clear message: in Cuba, socialist legality and adherence to laws prevail.

How many were written in Cuba?

The largest in the West Indies has a vast constitutional history. Seven have been written since our struggles for independence began in 1868.

The current constitution was approved on February 24, 1976 in a popular referendum, at the moment the 81st anniversary of the beginning of the war of 1895 was celebrated. José Martí, Apostle of Independence

In Cuban history, it appears that only six months after the beginning of the armed struggle, the patriots made and approved the Constitution of Guaimaro, April 10, 1869 in the midst of the war and extremely radical articles in favor of the popular mbades.

Other stage mambisa were Baraguá, in 1878, with only four items; that of Jimaguayú, in 1895, and that of La Yaya, in 1897.

During the twentieth century, there is: that of 1901, where the American military occupation took place here, which l & # 39; prevented to be more advanced, and that of 1940, considered one of the most progressive until that time in America.