Nine key points of the constitutional reform underway in Cuba – Guerrilla Journal



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In the scenario of changes in the country, the Constitution of the Republic forwards a total reform

The Cuban people lives another important moment in its history: the current Constitution of the Republic – approved in 1976 with the support of 97.7% of citizens – is moving towards a total reform, in a process that will be broad and transcendental.

Army General Raul Castro Ruz, First Secretary of the Central Committee of the Communist Party of Cuba, leads a commission of 33 deputies representing all sectors of society, which gives them a heterogeneous vision of the sciences to the drafting of the project to submit to the National Assembly of People's Power (ANPP).

A group of experts on constitutional issues – many of them deputies – worked on preparing the basics and foundations of reform.

Guerrilla shares nine key points about the ongoing constitutional process. National, published by the Cuban News Agency (ACN):

Why do countries have constitutions?

The Constitution is the basic law upon which a state is founded. It 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 and political document of any country. The law that draws the legislative lines for the rest of the norms that involve all sectors of society

What is a constitutional reform?

The reform of the Constitution is the revision The current Constitution, in its article 137, establishes that the ANPP is the only body entitled to modify it by an agreement adopted – by roll-call vote, by a majority of at least two-thirds of the total number of its members – with the exception 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 in case of aggression, threat or coercion of a foreign power, as provided for in Article 11.

If the reform refers to the integration and powers of the ANPP or the State Council, or In addition, ratification by the affirmative vote of the majority of citizens with electoral rights in a referendum convened for this purpose by the l & # 39; Assembly itself is necessary.

Why do it now?

Gather in the Constitution the socio-economic transformations carried out in the country during these years, as well as establish a state structure in accordance with the present times, in accordance with the agreements approved at the Sixth and Seventh Congress of the Communist Party of Cuba, supreme leader of society and state.

In the current scenario of change, it is also essential to recognize other forms of ownership and to incorporate into the constitutional text the content of international rights treaties and protocols. citizens have been signed by Cuba in recent years, under the precept of equality between people, without discrimination

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

It is about changing the supreme law of the country to have a state and a more functional and modern government that goes hand in hand with the changes in the nation, envisioned in the documents approved by the Communist Party of Cuba: Conceptualization of the social and economic model of Cuban socialist development, the bases of the National Plan of economic and social development until 2030 and the Guidelines for the economic and social policy of the Party and the Revolution.

What steps does a process of this type envision?

The first steps have already been taken: the National Assembly of People's Power agreed to begin the process and instructed 33 of its deputies to complete the preliminary draft of the Constitution, article by article As has been practiced in Cuba through the history of the Revolution, each citizen can express his criteria and suggest changes to the normative document.

The debates in neighborhoods and work centers should reflect the genuine expression of participation and popular democracy, rare in the world, especially when considering what's going on. has gone through similar constituent processes in other nations.

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 submitted for ratification at a popular referendum by direct and secret ballot of each citizen.

Referendum to approve 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 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 SI or NO.

Why a constitutional reform of the ANPP and not convene

The current Constitution of the Republic does not provide any mechanism for reform 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 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 primarily new article.

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

The current Constitution is taken into account principles of social justice and humanism that shape the political system and are considered as immutable pillars, such as the irreversibility of the socialist system, the l? unity of the people and the leading role of the Party as organized vanguard and superior force of society and society. In short, the new Constitution will mean the modernization and evolution of the humanist precepts defended by the Revolution and historically endorsed. Cuban s

What are the personal benefits of a new Constitution?

Also known as the Law of Laws or Magna Carta, it is registered on the principle that it serves as a guide for developing legal instruments. more specific. Establishes duties and rights and, as Cuban apostle José Martí would say, contributes to "… the first law of our Republic being the worship 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.

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