Cuban Constitution of 1976

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Basic data
Title: Constitution of the Republic of Cuba
Type: Constitution
Scope: Cuba
Legal matter: Constitutional law
Issued on: February 24, 1975
Entry into force on: February 24, 1976
Effective date of the
last change: 		2019
Please note the note on the applicable legal version.

The Cuban Constitution of 1976 is the current constitution of the Republic of Cuba and thus the basic legal and political order of the state. It defines Cuba as the socialist state of workers and peasants, and invokes Marx , Engels and Lenin as well as José Martí as ideological leading figures, but actually follows closely the structure of communism -oriented one-party rule developed by Stalin , as it did after the The model of the Soviet Union was also constitutionally secured in the other real socialist states. The Cuban constitution defines the Communist Party of Cuba as the “highest leading force in society and the state” (Article 5) and, until 1992, invoked “brotherly friendship and cooperation with the Soviet Union and other socialist states” ( preamble ) - for example, it contained similar formulations the constitution of the GDR from 1968 . The Cuban constitution is the first in the western hemisphere to explicitly refer to socialism as a political ideology.

The constitution was fundamentally revised in 2018 and 2019. For the first time since the revolution, certain forms of private property were recognized and the presumption of innocence was introduced into the legal system. The powers of the president were limited and transferred to the re-established office of head of government. Furthermore, climate change was recognized as a challenge. Originally, same-sex marriages were supposed to be stipulated in the constitution, but this was not initially implemented. However, the constitution of 2019 leaves the possibility for future recognition.

History of origin

Poster for the referendum on the Constitution, 1976 (Revolutionary Museum, Havana).

Since February 1959, the Basic Law ("Ley Fundamental") passed by the revolutionary government without any democratic legitimacy has been in effect as a transitional constitution. Shortly after his victory, Fidel Castro had thus broken his extremely popular promise, which had been repeated several times since 1953, to reinstate the 1940 constitution , which was previously valid and partially invalidated by the Fulgencio Batista military coup in 1952, with all its constitutional guarantees.

The Cuban Constitution was drawn up and put up for public discussion in 1975, with more than six million people participating and proposing amendments to more than 60 articles, with the government alone having the authority to incorporate the proposals into the draft. Proposals outside the framework set by the government under Fidel Castro were not possible, nor did the population have free access to political information that was not directly controlled by the government. A referendum was held on February 15, 1976, in which 97.7 percent of the electorate voted for the constitution. The constitution came into force on February 24, 1976.

content

The 1976 constitution consists of 12 chapters and 141 articles. It includes principles such as popular sovereignty and defines socialism or communism as the ultimate goal of Cuban society. The constitution stipulates that all citizens enjoy equal rights and duties and prohibits discrimination based on skin color, religion or gender. In addition, the Constitution guarantees the right to work, protection in the event of illness and disability, recreation, education, sport and culture, and the freedom to practice one's religion.

The constitution also includes the right to submit complaints or applications to authorities and guarantees an appropriate response time. The constitution also regulates Cuba's political system, such as the eligibility of state organs and their accountability according to the principles of democratic centralism . The prevention of economic privileges by the members of the National Assembly is regulated by the constitution, which stipulates that their last job must continue to be paid for the duration of their membership.

Changes in 1992 and 2002

Since 1992 the constitution has consisted of 15 chapters and 137 articles. The main changes were the upgrading of religious freedom by defining the state as secular instead of previously atheistic, and the guarantees for the joint ventures concluded with foreign investors, which were excluded under the previous economic model.

In 2002 socialism was enshrined in the constitution as "irrevocable". More than 8.1 of the 8.2 million Cuban eligible voters voted in a referendum in favor of the constitutional amendment (98.9%).

See also

Web links

Individual evidence

  1. ↑ Cuba enacts new constitution , on local10
  2. ^ Raul Castro: New Constitution Guarantees Continuity of Revolution , on en.escambray.cu
  3. ↑ Defiant Cuba enacts new constitution amid US pressure , on france24.com
  4. ^ Bert Hoffmann: Cuba. CH Beck, Munich 2000, p. 124