Cuba s reforms will not fool anyone into thinking that real change is coming to the island any time soon. With significant constitutional changes, cubas leaders. The government of cuba published saturday the final draft of its new constitution ahead of a referendum on feb. New constitution of the republic of cuba to be proclaimed. In july 1900, the constitutional convention of cuba started its deliberations and was notified that the u. The draft constitution of cuba, as approved by its national assembly is now placed before the people for discussion and seeking their opinions. This guide to law online cuba contains a selection of cuban legal, juridical, and governmental sources accessible through the internet. Constitution of the republic of cuba in pdf walter lippmann. Constitution and amending it only in so far as would be necessary to launch the transition. Miami cuba s leaders are setting the stage for its socialist system to survive, with a draft constitution containing the most significant political, economic and social changes since 1959. The cuban government engaged in an unprecedented campaign to assure an overwhelmingly positive vote on the new constitution as a way to legitimize both the marketoriented economic reforms. Constitution of cuba wikisource, the free online library.
The constitution of the republic of cuba, 1976 as amended. Cubas top lawmakers made changes to the cuban constitution the weekend of july 21 that appear to be a way to move the island into the 21st century. Cubans are set to vote on sunday on a new constitution that limits presidents term, broadens discrimination ban. By constitution, the civilians, and, from them, the common law writers, mean some particular law. A constitutional referendum was held in cuba on 24 february 2019. The 1940 constitution of cuba was implemented during the presidency of federico laredo bru and took effect on 10 october 1940. Cuba is drafting a new constitution that will be put to a national referendum.
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 wellbeing and human solidarity. This comprehensive guide aims to fill a noticeable void in the availability of information in english on this enigmatic jurisdictions legal order, and on how to conduct research related to it. Cuban assembly approves draft of new constitution fox news. Cubans overwhelmingly ratify new socialist constitution. It incorporated eight principles set out in the platt amendment without which u. Although the cuban constitution does not mention the status of. The constitution of the republic of cuba, 1976 as amended to 2002 table of contents chapter i political, social and economic foundations of the state chapter ii citizenship chapter iii foreigners chapter iv the family chapter v education and culture chapter vi equality chapter vii fundamental rights, duties and guarantees chapter. Links provide access to primary documents, legal commentary, and general government information about specific jurisdictions and topics.
It contained the platt amendment, which allowed the united states to intervene in cuba s affairs to protect its independence. Members of the cuban national assembly in havana on saturday, during a. Constitution of cuba 1940 wikisource, the free online library. With significant constitutional changes, cubas leaders aim. Nicaraguas constitution of 1987 with amendments through 2005. The rationale behind the platt amendment was straightforward. Cubas constitution may get rid of communism and allow gay. The 1976 constitution stated that cuba was guided by marxismleninism and the ideals of jose marti. Policy in the 115th congress congressional research service summary cuba remains a oneparty authoritarian state with a poor human rights record. Changes in the countrys political structure, the criminal code and business law could usher more rights for cubans. All citizens have the right to resist, using all means, including bearing arms, when no other recourse is possible, anyone who attempts to overthrow the political.
New constitution for cuba communist party of india. The constitution was drafted between january and april, 1919, by the labour commission set up by the peace conference, which first met in paris and then in versailles. Cuba acknowledges climate change threats in its constitution. The constitution of the republic of cuba takes priority over international treaties. Samesex marriage, private ownership and presidential term limits are all under consideration on the caribbean island. We inscribe in the constitution of the kingdom of cambodia, as followed. The 1901 constitution, was cubas first as an independent state. Cubas new constitution could reshape government, economy. The ministry of interior exercises control over the police, internal security forces, and the prison system. I do not think that this text should be deleted if it isnt established as a copyvio, but it probably should be moved to constitution of cuba 1992.
Voters were asked whether they approved of a new constitution passed by the national assembly of peoples power in july 2018. Cuba s top lawmakers made changes to the cuban constitution the weekend of july 21 that appear to be a way to move the island into the 21st century. Cubans overwhelmingly ratify new socialist constitution reuters. Furthermore, the organs of the state, their leaders, functionaries, and employees.
S cuba relations have resulted in a proliferating global interest in cuba, including its legal regime. Cuba s president miguel diazcanel, left, applauds as former president raul castro, center, greets members of the assembly before the start of a session to debate the draft of a new constitution. Aug 03, 2018 the constitution is expected to be discussed in public meetings and voted on in a national referendum in a process that could take months. Cuban lawmakers approve new constitution which heads to. Finally, the amendment required the cuban government to conclude a treaty with the united states that would make the platt amendment legally binding, and the united states pressured the cubans to incorporate the terms of the platt amendment in the cuban constitution. Since its independence from spain, cuba has had three constitutions. New cuba constitution, recognizing private property, approved by lawmakers. The concept of the socialist rule of law is incorporated in order to strengthen the institutional framework and the rule of law, including the supremacy of the constitution. Concerning the nation, its territory, and form of government. However, formatting rules can vary widely between applications and fields of interest or study. Mar 28, 2019 the council of state, in a meeting held monday, march 25, convened an extraordinary session of the national assembly of peoples power, this coming wednesday, april 10, at 9.
On july 22nd, 2018, cubas national assembly approved the draft of a new constitution that would modernize the nations fundamental law to bring it up to date with changing social attitudes and existing economic and political realities. New cuba constitution, recognizing private property. Cuba constitute or form part of national legislative regulations, as applicable. Constitution of cuba 19740224 reforms of 2002 included cuba reformas hasta 2003. Ten years after the retirement and subsequent death of fidel castro, cuba is going through an extensive constitutional reform process to. Debate over the constitution has dominated cubas politics for months, with the government arguing it represents both continuity of former leader fidel castros policies and adaptation to. The constitution of 1901 original text in spanish and english translation the constitution of the republic of cuba of 1940 is the only one that represents a broad range of cuban political parties and social interests, including the ppc communist party. The second, the constitution of 1940, represented a thorough reworking. 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 wellbeing. Congress intended to attach an amendment to the cuban constitution. The supposed constitutional reform in cuba is only cosmetic. Jul 23, 2018 miami cubas leaders are setting the stage for its socialist system to survive, with a draft constitution containing the most significant political, economic and social changes since 1959. Despite ratifying a new constitution on february 24, cuba remains a oneparty system in which the constitution states the ccp is the only legal political party and the highest political entity of the state.
Constitution of the republic of cuba preamble we, cuban citizens, heirs and continuators of the creative work and of the traditions of combativeness, resoluteness, heroism and sacrifice forged by our ancestors. The second, the constitution of 1940, represented a thorough reworking of the constitution of 1901 and reflected the strong sense of nationalism. Below is the list of the participants of the constituent assembly. Cubas new constitution could reshape government, economy, rights. Cuba then was the very model of industrial agriculture, turning most of its land over to vast monocultures of sugar cane, applying oceans of imported oil to till it, spray it cuba at the time used more pesticides than the united states, harvest it and ship it to the soviet union in return for oil and food.
Cubas constitution of 1976 with amendments through 2002. All citizens have the right to fight, using all means, including armed struggle, when no other recourse is possible, against anyone attempting to overthrow the. In the republic of cuba, the sovereignty resides in the people, from whom all of the power of the state emanates. Both structuralism and functionalism strongly emphasize the preeminence of the social whole over its individual parts i. That power is exercised directly or through the assemblies of the peoples power and other organs of the state derived from them, in the manner and according to the rules established by the constitution and the laws. Jul 22, 2018 new cuba constitution, recognizing private property, approved by lawmakers. This document has been recompiled and reformatted using texts collected in oxfords constitutions of the world. Members of the cuban national assembly in havana on saturday, during a session debating constitutional changes. It was primarily influenced by the collectivist ideas that inspired the cuban revolution of 1933. The united states, cuba, and the platt amendment, 1901. A reform of the constitution of cuba is currently in process. Among the changes are the acknowledgement of private property and the legalization of same sex marriage. The first was drafted in 1901, immediately following the spanishamerican war, and reflected the new hegemonic role the united states played in cuban affairs.
Cuba s new constitution could reshape government, economy, rights. In henneneutic traditions of thought, of course, the social and. The constitution of the republic of cuba, 1976 as amended to. The council of state, in a meeting held monday, march 25, convened an extraordinary session of the national assembly of peoples power, this coming wednesday, april 10, at 9. Constitution of cuba 1940 wikisource, the free online. The new constitution, which seeks to update the current version drafted in 1976. Article 1 cuba is a socialist state of workers, independent. The current constitution was first adopted in 1976, extensively revised in 1992, and partially revised in 2002. The draft reaffirms the socialist character of our political, economic and social system, as well as the leading role of the communist party of cuba. Constitution chapter i political, social and economic foundations of the state article 1 cuba is a socialist state of workers, independent and sovereign, organized with all and for the good of all, as a united, democratic republic, for the enjoyment of political freedom, social justice, individual and collective welfare, and human solidarity. Communist party of cuba pcc new constitution for cuba. The 1992 constitution is familiar to cuban citizens because it has been in effect, to varying degrees, for over a quarter century.
Cubas reforms will not fool anyone into thinking that real change is coming to the island any time soon. Cubas new constitution doesnt make radical changes, but it does indicate the governments gradual process of reform is continuing. The kingdom of cambodia is an independent, sovereign. Cuba is an independent and sovereign state organized as a unitary and democratic republic for the enjoyment of political freedom, social justice, individual and collective welfare, and human solidarity. What are the most significant changes in the new draft constitution, and to what extent would it modernize the country. Research associate at the council on hemispheric affairs to download a pdf of this article, please click here in havana, a city where it seems that time has stopped, the drafting of cubas new constitution is underway beneath the iconic white dome that sits atop the islands capital building. Jul 26, 2018 acknowledging that cuba and the world had changed since 1976, newlyelected cuban president miguel diazcanel said the new realities meant the constitution was obliged to be updated, and he. How much would cubas communist system change under the proposed constitution. Constitution chapter i political, social and economic foundations of the state article 1 cuba is a socialist state of workers, independent and sovereign, organized with all and for the good of all, as a unitary and democratic republic, for the enjoyment of political freedom, social justice, individual and collective welfare, and. Jun 28, 2019 we, the delegates of the people of cuba, assembled in constituent convention, for the purpose of establishing a new fundamental law to consolidate our organization as an independent and sovereign state, capable of assuring freedom and justice, maintaining order and promoting the general welfare, do hereby, invoking the favor of god, set forth the following constitution.
Chapter i political, social and economic foundations of the state. The document, the countrys first since 1976, will allow for private property, samsex marriage, and decrease. However, there is a shift in identifying fundamental principles that guide the revolution. Mar 14, 2019 cuba s new constitution could reshape government, economy, rights. The constitution of a contract, is the making of the contract as, the written constitution of a debt.
Cuban government publishes final text of new constitution. Article 9 all are obligated to strictly adhere to socialist law. Jan 06, 2019 the government of cuba published saturday the final draft of its new constitution ahead of a referendum on feb. Download the constitution of liberty pdf ebook the constitution of liberty the constitution of liberty ebook author by download the constitution of finland pdf ebook the constitution of finland the constitution of finland ebook author by fred singleton the constitution of finland ebook free of registration rating. We, cuban citizens, heirs and continuators of the creative work and of the traditions of. Cuba s legislation on asylum is based on those latin american conventions on territorial and diplomatic asylum to which the country is party the conventions of havana 1928, montevideo 1933, and caracas 1954. The 2019 constitution reaffirms the inviolable nature of socialism in cuba and the leadership of the communist party. Guyana is an indivisible, secular, democratic sovereign state in the course of transition from capitalism to socialism and shall be known as the cooperative republic of guyana. Even before attaining its independence from spain, cuba had several constitutions either. Cambodia is a kingdom where the king shall fulfill his functions according to the constitution and the principles of liberal multiparty democracy. Guide to cuban law and legal research international journal.
Cuba acknowledges climate change threats in its constitution move is the latest in a series that the country has made aimed at dealing with stronger hurricanes, more intense droughts and rising. Nicaraguas constitution of 1987 with amendments through. Draft of new constitution for cuba communist party of. New cuba constitution, recognizing private property, approved. Then, after the immediate transition, a new constitution would be drafted and submitted to the voters in a referendum.
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