Constitution of the Republic of Cuba

MISSING IMAGE

Material Information

Title:
Constitution of the Republic of Cuba
Uniform Title:
Constitución (1976)
Physical Description:
1 online resource (43 pages)
Language:
English
Spanish
Creator:
Cuba -- Ministerio de Justicia
Publication Date:

Subjects

Subjects / Keywords:
Constitutions -- Cuba   ( lcsh )
Constituciones -- Cuba   ( bidex )
Genre:
legislation   ( marcgt )
federal government publication   ( marcgt )
non-fiction   ( marcgt )

Notes

General Note:
"Official publication of the Ministry of Justice."

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
oclc - 875000317
ocn875000317
System ID:
AA00021901:00001

Table of Contents
    Front Matter
        Page i
        Page ii
    Title Page
        Page 1
        Page 2
    Preamble
        Page 3
        Page 4
    Constitution
        Page 5
        Page 6
        Page 7
        Page 8
        Page 9
        Page 10
        Page 11
        Page 12
        Page 13
        Page 14
        Page 15
        Page 16
        Page 17
        Page 18
        Page 19
        Page 20
        Page 21
        Page 22
        Page 23
        Page 24
        Page 25
        Page 26
        Page 27
        Page 28
        Page 29
        Page 30
        Page 31
        Page 32
        Page 33
        Page 34
        Page 35
        Page 36
        Page 37
        Page 38
        Page 39
        Page 40
        Page 41
        Page 42
        Page 43
    Back Matter
        Page 44
Full Text

















This volume was donated to LLMC to enrich its on-line offerings and
for purposes of long-term preservation by

University of Florida Library









I L
AII









(01- qg
WMr*lTTuT P[
W,
(njp i
jig
q
f I 'DO&N




















CONSTITUTION OF THE


REPUBLIC OF CUBA





























OFFICIAL PUBLICATION
OF THE MINISTRY OF JUSTICE
1977

























LAMI
A.,AER CA






























Cubierts: Arinando Millarcs

EDITORIAL ORB! Call* 17 No, 1057 eatre 12 y14 Vedado, Ciudad de La Habana Impreo a Cuba



















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 aborigines who preferred extermination to submission;
by the slaves who rebelled against their masters;
by those who awoke the national conscience and the ardent Cuban desire for an independent homeland and liberty;
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 the victory of 1898, a victory usurped by the military *intervention and occupation of Yankee imperialism;
by the workers, peasants, students and intellectuals who struggled for over fifty years against imperialist domination, political corruption, the absence of people's rights and liberties, unemployment and exploitation imposed 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 thebirth of Jos6 Marti and 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 heir lives, thus contributing to its definitive consolidation;





GUIDED
by the victorious doctrine of Marxism-Leninism;

BASING OURSELVES
on proletarian internationalism, on the fraternal friendship, help and cooperation of the Soviet Union and other socialist countries and on the solidarity of the workers and the people of Latin America and of the world;

HAVING DECIDED
to carry forward the triumphant Revolution of the Moncada and of the Granma, of the Sierra and of Giron 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, under the direction of the Communist Party, continues its construction with the objective of building a communist society;

AWARE
that all the regimes of the exploitation of man by man cause the humiliation of the exploited and the degradation of the huinan 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 the attained; and
that our Revolution uplifted the dignity of the nation and of Cubans to its highest level;

WE DECLARE
our will that the law of laws of the Republic be guided by the following strong desire of Josd Marti, at last achieved:
"I want the fundamental law of our republic to be the tribute uf Cubans to the full dignity of man";

AND ADOPT
by our free vote via referendum, the following:

4





CONSTITUTION

CHAPTER I

Political, social and economic
principles of the state

ARTICLE 1. The Republic of Cuba is a socialist state of workers and peasants and all other manual and intellectual workers.

ARTICLE 2. The national symbols are those which have presided for over one hundred years the Cuban struggles for independence, the rights of the people and social progress:
the flag of the single star;
the anthem of Bayamo;
the emblem of the royal palm tree.

ARTICLE 3. The Capital of the Republic is the city of Havana.

ARTICLE 4. In the Republic of Cuba all thc.power belongs to the working people, who exercise it either directly or through the Assemblies of People's Power and other organs of the state which derive their authority from these assemblies.
The power of the working people is sustained by the firm alliance of the working class with the peasants and the remaining strata of urban and rural workers, under the leadership of the working class.
ARTICLE 5. The Communist Party of Cuba, the organized Marxist-Leninist vanguard of the working class, is the highest leading force of the society and of the state, which organizes and guides the common effort to achieve the goals of the construction of socialism and the progress toward a communist society.
ARTICLE 6. The Young Communist League, the organization of the vanguard youth, under the leadership of the Communist Party, works to prepare its members as future members of the Party and contributes to the education of the new generations along the Weals of communism, through their participation in a program of studies and in patriotic. labor. military. scientific and cultural activities.

5






ARTICLE 7. The Cuban socialist state recognizes, protects and stimulates the social and mass organizations, such as the Central Organization of Cuban Trade Unions, which is composed of the fundamental class in our society; the Committees for the Defense of the Revolution; the Federation of Cuban Women; the National Association of Small Farmers; the Federation of University Students; the Federation of Students of Intermediate Education; the Union of Pioneers of Cuba; and others which, having risen from the historic process of struggles of our people, gather in their midst the various sectors of the population, represent their specific interests and incorporate them in the tasks of the construction, consolidation and defense of the socialist society.
In its activities the state relies on the social and mass organizations, which, in addition, directly fulfill the state functions that according to the Constitution and the law convene to assume.

ARTICLE 8. The socialist 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 standards of community living and of conduct proper to a society free from
the exploitation of man by man;
-protects the people's creative work 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 be given
the opportunity to have a job with which to contribu6




te to the good of society and to the satisfaction of individual needs;
-that no disabled person be left without adequate means
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 confortable place to live.
ARTICLE 9. The Constitution and the laws of the socialist state are the juridical expression of the socialist production relations and of the interests and the will of the working people.
All state organs, their leaders, officials and employees function within the limits of their respective jurisdiction and are under the obligation to strictly observe socialist legality and ensure its enforcement within the whole context of society.
ARTICLE 10. The Cuban socialist state exercises its sover. eignty:
a) over the entire national territory, which consists of the
Island of Cuba, the Isle of Pines and all other adjacent islands, keys and inland waters; over the territorial waters in the extension prescribed by law; and over the air space
corresponding to the above;
b) over the natural and live resources, flora and fauna on
the ocean floor and subsoil and those in waters adjacent to the territorial sea in the extension prescribed by law,
according to international practice.
The Republic of Cuba rejects and considers illegal and null all treaties, pacts and concessions signed in conditions of inequality, or which disregard or diminish its sovereignty over any part of the national territory.
ARTICLE 11. The Republic of Cuba is part of the world socialist community, which constitutes a fundamental premise for its full independence. and development.

7





ARTICLE 12. The Republic of Cuba upholds the principles of proletarian internationalism and of the combative solidarity of the people of the world and
a) condemns imperialism, the promoter and supporter of all
fascist, colonialist, neocolonialist and racist manifestations, as th2 main force of aggression and of war and the
worst enemy of mankind;
b) condemns imperialist intervention, whether direct or indirect, in the internal and external affairs of any state and, therefore, armed aggression and economic blockade, as well as any other form of economic coercion and of interference with or threat to the integrity of the states and to the political, economic and cultural elements of
the nations;
c) considers wars of aggression and of conquest international crimes; recognizes the legitimacy of wars of national liberation, as well as armed resistance to aggression and conquest; and considers that its help to those under attack and to the people that struggle for their liberation constitutes its internationalist right and duty;
d) recognizes the right of the people to repel imperialist and
reactionary violence with revolutionary violence and to struggle by all means within their reach for the right to freely determine their own destiny and the economic and
social system in which they choose to live in;
c) works for an honorable and lasting peace, based on respect for the independence and sovereignty of the people
and on their right to self-determination;
f) establishes its international relations on the principles
of equality of rights, sovereignty and independence of the
states and on mutual interest;
g) bases its relations with the Union of Soviet Socialist Republics and with other socialist countries on socialist internationalism and on the common objectives of the construction of the new society, fraternal friendship, cooperation and mutual assistance;
h) endeavors to form along with the other countries of Latin America and the Caribbcan -freed from foreign domi.
nation and internal oppression- one large community of nations joined by the fraternal ties of historical tradition

8






and the common struggle against colonialism, ncocolonialism and imperialism, in the same desire to foster national
and social progress;
i) develops relations of brotherhood and collaboration with
the countries that uphold anti-imperialist and progressive
positions;
j) maintains friendly relations with those countries which
-although having different political, social and economic systems- respect its sovereignty, observe the rules of coexistence among states and the principles of mutual convenience and adopt an attitude of reciprocity with our
country;
k) determines its affiliation with international organizations
and its participation in international conferences and meetings, bearing in mind the interests of peace and of socialism; of the liberation of mankind; of the progress of science, technology and culture; of international trade;
and the respect for our own national rights.

ARTICLE 13. The Republic of Cuba grants asylum to those persecuted because of their struggle for the democratic rights of the majorities; for national liberation; against imperialism, fascism, colonialism and neocolonialism; for the abolition of racial discrimination; for the rights of workers, peasants and students and the redress of their grievances; for their progressivc 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 means of production and on the abolition of the exploitation of man by man.
ARTICLE 15. The socialist state property, which is the property of the entire people, becomes irreversibly established over tile lands that do not belong to small farmers or to cooperatives formed by the same; over the subsoil, mines, the natural and live resources in the marine area within its zone of sovereignty, woods, waters, means of communication; over the sugar mills, factories, chief means of transportation; and over all those cnterprises, banks, installations and properties nationalized and expropriated from the imperialists, the landholders and the bourgeoisie; as well as over the people's farms, factories, enterprises and economic, social, cultural and sports facilities built,

9






fostered or acquired by the state and those which shall be built, fostered or acquired by the state in the future.
ARTICLE 16. The state organizes, directs and controls the economic activities of the nation in accordance with the Central Plan of Socioeconomic Development in whose elaboration and execution the workers of all the branches of the economy and of the other spheres of social life have an active and conscious participation.
The development of the economy serves the purpose of strengthening the socialist system, of increasingly satisfying' the material and cultural needs of the society and of the citizens, and of promoting the unfolding of the human personality and of human dignity, and serves the progress and the security of the country and the national capacity to fulfill the internationalist duties of our people.
ARTICLE 17. The state organizes enterprises and other economic entities for the administration of the socialist property of all the people.
The structure, powers and functions of the state enterprises and economic entities of production and services and the system of their relations are prescribed by law.
ARTICLE 18. Foreign trade is the exclusive function of the state. The law determines the state institutions and officials authorized to establish foreign trade enterprises and to standardize and regulate export and import transactions and those vested with legal power to sign trade agreements.
ARTICLE 19. In the Republic of Cuba rules the socialist principle of "from each according to his ability, to each according to his work".
The law establishes the regulations which guarantee the effective fulfillment of this principle.
ARTICLE 20. The state recognizes the right of small farmers to own their lands and other means and implements of production, according to what the law prescribes.
Small farmers have the right to group themselves, in the way and following the requirements prescribed by law in order to optimize agricultural and farm production and obtain state loans and services.
The establishment of agricultural cooperatives in the instances and ways prescribed by law is authorized. Cooperative

10






ownership constitutes a form of collective ownership on the part of the peasants comprehended in them.
The state supports the cooperative production of small farmers as well as individual production which contributes to the growth of the national economy.
The state fosters the participation of small farmers, freely and voluntarily, in state projects and units of agricultural production.
ARTICLE 21. Small farmers have the right to sell their land with the previous authorization of the state agencies, as pre:_: cried by law. In all cases, the state has preferential right to acquire the land while paying a fair price.
Land leases, sharecropping, mortgages and all others forms .vhich entail a lien on the land or partial cession to private individuals of the rights and title to the land which is the property of the small farmers are all prohibited.
ARTICLE 22. The state guarantees the right to personal ownership of earnings and savings derived from one's ownwork, 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 to ownership of personal or family work tools, as long as these tools are not cmployed in exploiting the work of others.
ARTICLE 23. The state recognizes the right of political, social and mass organizations to ownership of the goods intended for the fulfillment of their objectives.
ARTICLE 24. The law regulates the right to inherit a dwelling over which one holds legal title and to other personal goods and chattles.
The land owned by a small farmer may only be inherited by those heirs personally involved in its cultivation, save for tl e exceptions prescribed by law.
With regard to goods which are part of cooperatives, the law prescribes the conditions under which said goods may be inherited.
ARTICLE 25. The expropriation of property for reasons of public benefit or social interest and with due compensation is authorized.

11






The law establishes the procedure for expropriation and the basis that determine its usefulness and necessity, as xvcll as the form of compensation, taking into account the interests and the economic and social needs of the person whose property has been expropriated.
ARTICLE 26. Any person who suffers damages or injuries unjustly caused by a state official or employee while in the per. formancc of his public functions has the right to claim and obtain due compensation as prescribed :by law.
ARTICLE 27. To ensure the well-being of citizens, the state and society are the protectors of nature. It falls within the jurisdiction of the legally qualified agencies and of each and every citizen to watch over the cleanliness of the waters and of the air and to protect the soil, flora and fauna.

CHAPTER 11
Citizenship
ARTICLE 28. Cuban citizenship is acquired by birth or through naturalization.
ARTICLE 29. Cuban citizens by birth are:
a) those born in the national territory, with the exception of
the children of foreigners at the service of their government or international organizations-,
b) those born abroad, at least one of whose parents is Cuban
and on an official mission;
c) those born abroad, at least one of whose parents is Cuban,
who have complied with the formalities prescribed by law;
d) those born outside the national territory, at least one of
whose parents is a national of the Republic of Cuba and who have lost their nationality, provided they apply for Cuban citizenship according to the procedure prescribed
by law; and
e) foreigners who, by virtue of their exceptional merits won
in the struggles for Cuba's liberation wcre considered Cuban citizens by birth.
ARTICLE 30. Cuban citizens by naturalization are:
a) those foreigners who acquire Cuban citizenship in accordance with the regulations prescribed by law;

12




b) those who contributed to the armed struggle against the
tyranny overthrown on Januarv 1, 1959, provided they show
proof of this in the legal estab listed form; and
c) those who, having been arbitrarily deprived of their citizenship of origin, obtain Cuban citizenship by virtue of
a resolution 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. Cuban citizenship is lost by:
a) those who become citizens of another country;
b) those who without the Government's permission serve another nation in military functions or in posts entailing
authority or jurisdiction;
c) those who on foreign territory conspire or act in any way
against the people of Cuba and their socialist and revolutionary institutions;
d) naturalized Cubans residing in the country where they
were born, unless they express their desire to maintain Cuban citizenship to the corresponding consular authority
-every three years; and
e) naturalized citizens who accept double citizenship.

The law may determine crimes and causes of dishonorable conduct that may lead to the loss of citizenship by naturalization through a final decision by the court.
The formalization of the loss of citizenship by the reasons stated in clauses b) and c) is made effective by a decree issued by the Council of State.
ARTICLE 33. Cuban citizenship may be regained in those cases and ways prescribed by the law.

CHAPTER III
The Family

ARTICLE 34. The state protects the family, motherhood and matrimony.
ARTICLE 35. Marriage is the voluntarily established union between a man and a woman, who are legally fit to do so in

13




order to live together. It is based on full equality of rights and duties for the spouses, 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 36. All children have the same rights, regardless of being born in or out of wedlock.
Distinctions regarding a child's filiation are abolished.
No statement shall be made either with regard 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 filiation.
The state guarantees, through adequate legal means, the determination and recognition of paternity.
ARTICLE 37. The parents have the duty to provide support 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, well-prepared citizens for life in a socialist society.
It is the children's duty, in turn, to respect and help their parents.

CHAPTER IV
Education and Culture

ARTICLE 38. The state directs, foments and promotes education, culture and science in all their aspects.
Its educational and cultural policy is based on the following principles:

a) The state bases its educational and cultural policy on the
scientific world view, disclosed and developed by MarxismLeninism;
b) education is a function of the state. Consequently, cducational institutions are state-owned. The fulfillment of the educational function constitutes a task in which all society participates and is based on the conclusions and contribu14






tions, made by science and on the closest relationship between study and life, work and production;
c) the state promotes the 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) education is provided free of charge. The state maintains
a broad scholarship system for students and provides the workers with multiple opportunities to study with a view to the universalization of education. The law regulates 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
must acquire;
artistic creativity is free as long as its content is not contrary to the Revolution. Forms of expression in art are
f ree;
f) 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;
g) creation and investigation in science arc free. The state
encourages and facilitates investigation and gives priority to that which is aimed at solving the problems related to the interests of the society and the well-being of the
people;
h) the state encourages the workers to engage in scientific
work and to contribute to the development of science;
0 the state directs, foments and develops all forms of physical education and sports as a means of education and of
contribution to the integral development of all citizens;
D the state 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 value;
k) 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.

15






ARTICLE 39. The education of children and young people in the spirit of communism is the duty of all society.
The state and society give especial 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 V
Equality

ARTICLE 40. All citizens have equal rights and are subject to equal duties.
ARTICLE 41. Discrimination because of race, color, sex or national origin is forbidden and is punished by law.
The state institutions educate everyone, from the earliest possible age, in the principle of quality among human beings.
ARTICLE 42. The state consecrates the right achieved by the Revolution that all citizens, regardless of race, color or national origin:

-have access, according to their merit and ability, to all
posts and jobs pertaining to the state, public administration, production and services;
--can reach any rank of the Revolutionary Armcd Forces,
Security and Internal Order, according to their merit and
ability;
-be given equal pay for equal work;
-have a right to education at all national educational institutions, ranging from elementary schools to the univcrsities, which are the same for all;
-be given medical care in all medical institutions;
-may live in any sector, zone or district and lodge in any
hotel;
-be served at all restaurants and other public service establishments;
-use, without any segregation, all means of transportation
by sea, land and air; and

16




-enjoy the same resorts, beaches, parks, social centers and
other centers of culture, sports, recreation and rest.

ARTICLE 43. Women have the same rights as men in the economic, political and social fields and in the family.
In order to assure the exercise of these rights and especially the incorporation of women to work, the state facilitates jobs according to their physical make-up granting them paid maternity leave before and after giving birth; at the same time, the state organizes such institutions as children's day care centers and all kinds of boarding schools, striving to create all the conditions required for the realization of the principle of equality.

CHAPTER VI

Fundamental rights, duties
and guarantees

ARTICLE 44. Work in a socialist society is a right, a duty and an honor for every citizen.
Work is remunerated according to its quality and quantity; when it is provided, the demands of the economy and of society, the decision of the worker and his skill and ability are taken into account; this is guaranteed by the socialist economic system, that facilitates social and economic development, without crises, thus eliminating unemployment and eradicating forever the so called "dead season".
Nonpaid voluntary labor done for the benefit of all society in industrial, agricultural, technical, artistic and service activities, is recognized as forger of the communist conscience of our people.
Every worker has the duty to accomplish in full all the tasks corresponding to his job.
ARTICLE 45. All those who work have the right to rest, which is guaranteed by the eight-hour workday, a weekly rest period and anual paid vacations.
The state promotes the development of vacation plans and facilities.
ARTICLE 46. The state social security system assures adequate protection to every worker who is unable to work because of age, illness or disability.

17




In case of death similar protection shall be extended to -his family. r
ARTICLE 47. The state social aid protects aged persons lacking financial resources or personal assistance and those who are unable to work and have no relatives to help them.
ARTICLE 48. The state guarantees the right to protection, safety and hygiene at work through the adoption of adequate measures for the prevention of accidents and occupational diseases.
He 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 49. Everybody has the right to health protection and care. The state guarantees this right:

-by providing free medical and hospital care through the
rural medical service network, polyclinics, hospitals and
preventive 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 50. Everyone has the right to an education. This right is guaranteed by the free and widespread system of schools, 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 oppor. tunity to study according to their ability, social demands and the necds of socioeconomic development.
Adults are also guaranteed this right, in the same conditions free of charge with the specific facilities prescribed by law, through the adult education program, technical and professional education, training courses in state agencies and enterprises and the advanced courses for workers.
ARTICLE 51. Everyone has the right to physical education, sports and recreation.

18




Enjoyment of this right is guaranteed 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 facilitates the practice of sports and recreation on a mass basis.
ARTICLE 52. 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, movies and other organs of the mass media are state or social property and can never be private property. This assures their use at the exclusive service of the working people and in the interest of society.
The law regulates the exercise of these freedoms.
ARTICLE 53. 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, for which they are provided of the necessary means.
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 54. The socialist state, which bases its activity and educates the people in the scientific materialist concept of the universe, recognizes and guaran ees freedom of conscience and the right of everyone to profess any religion and to practice, within the framework of respect for the law, the belief of his preference.
The law regulates the activities of religious institutions.
It is illegal and punished by law to oppose one's faith or religious belief to the Revolution; to education; or to the fulfillment of one's duty to work, defend the country with arms, show reverence for its symbols and fulfill other duties established by the Constitution.
ARTICLE 55. The home is inviolable. Nobody can enter the home of another against his will, except in those cases prescribed by law.
ARTICLE 56. 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.

19





The same principle is to be applied in the caseof cable, telegraph and telephone communication.
ARTICLE 57. Freedom and inviolability of persons is assured to all those who live in the national territory.
Nobody can be arrested, except in the manner, with the guarantees and in the cases prescribed by law.
The person under arrest or in prison is inviolable in his personal integrity.
ARTICLE 58. Nobody can be tried or sentenced except by a competent court by virtue of laws existing 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 shall be punished as prcscribed by law.
ARTICLE 59. Confiscation of property is only applied as a punishment by the authorities in the cases and by the procedure prescribed by law.
ARTICLE 60. Penal laws are retroactive when they benefit the accused or person who has been sentenced. Other laws are not retroactive unless the contrary is specified for reasons of social or public interest.
ARTICLE 61. None of the freedoms which are recognized for citizens may be exercised contrary to what is established in the Constitution and the 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. Violation of this principle is punished by law.
ARTICLE 62. Every citizen has the right to file complaints with and send petitions to the authorities and to be given the pertipent response or attention in due time, according to the law.
ARTICLE 63. Everyone has the duty to care for public and social property, accept work discipline, respect the rights of others, observe standards of socialist living and fulfill civic and social duties.
ARTICLE 64. The defense of the socialist homeland is the greatest honor and the supreme duty of every Cuban citizen.

20






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 65. Strict fulfillment of the Constitution and the law is the bounden duty of all.

CHAPTER VIT

Principles of organization and functioning of the state organs

ARTICLE 66. State organs are established, function and carry out their activity based on the principles of socialist democracy, unity of power and democratic centralism, which are manifested in the following manner:
a) all organs of state power, its executive agencies and all
the courts are formed by members who are elected and
subject to recall at regular intervals;
b) the masses control the activity of the state organs, their
deputies, delegates and officials;
c) those elected must render an account of their activities
to their electors, and the latter have the right to revoke the former when they are not worthy of the trust placed
on them;
d) every state organ widely develops, within its jurisdiction,
initiatives aimed at taking advantage of the local resources and possibilities and the incorporation of the social
and mass organizations to its work;
e) decisions of superior state organs are compulsory for inferior ones;
f) inferior state organs are responsible to superior ones and
must render account of their work;
g) in the activity of local administrative and executive organs
there is a system of double subordination: subordination to the corresponding organ of People's Power and subori dination to the superior level in charge of administrative
matters under the jurisdiction of the local organ;
h) freedom of discussion, criticism and self-criticism and subordination of the minority to the majority prevail in all i collegiate state organs.

21







CHAPTER VIII

Supreme organs of People's Power

ARTICLE 67. The National Assembly of People's Power is the supreme organ of state power and represents and expresses the sovereign will of all the working people.
ARTICLE 68. The National Assembly of People's Power is the only organ in the Republic vested with constituent and legislative authority.
ARTICLE 69. The National Assembly of People's Power is composed of deputies elected by the Municipal Assemblies of People's Power according to the procedure and in the proportion prescribed by law.
ARTICLE 70. The National Assembly of People's Power is elected for a period of five years.
This period may only be 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 71. Thirty days after all the deputies to the National Assembly of People's Power are elected, the Assemblv meets by its own right, under the presidency of the oldest de. puty, assisted by the two youngest deputies, acting as secretaries.
In this session the validity of the election of the deputies is verified, and they are sworn in, after which they elect the President, the Vice-President and the Secretary of the National Assembly of People's Power, who proceed to assume their posts immediately.
Next, the Assembly elects the Council of State.
ARTICLE 72. The National Assembly of People's Power elects, from among its deputies, the Council of State, which consists of a President, a First Vice-President, five Vice-Presidents, a 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 must respond for its action to the National Assembly of People's Power, rendering account of all its activities.

22






ARTICLE 73. The National Assembly of People's Power is ested with the power to:

a) decide on reforms to the Constitution according to that
established in Article 141;
b) approve, modify and annul laws and, when it is considered necessary in view of the nature of the legal matter
in question, submit it to popular opinion;
c) decide on the constitutionality of laws, decree-laws, decrees and all other general provisions;
d) revoke in full or in part the decree-laws issued by the
Council of State;
e) discuss and approve the national plans for economic and
social development;
f) discuss and approve the state budget;
g) approve the principles of the national economic management and planning system;
h) approve the monetary and credit system;
i) approve the general outlines of foreign and domestic policy;
j) declare a state of war in the event of military aggression
and approve peace treaties;
k) establish and modify the politico-administrative division
of the country pursuant to that established in Article 100;
1) elect the President, Vice-President and Secretary of the
National Assembly;
m) elect the President, the First Vice-President, the VicePresidents, the Secretary, and the other members of the
Council of State-,
n) appoint, at the initiative of the President of the Council
of State, the First Vice-President, the Vice-Presidents and
the others members of the Council of Ministers;
o) elect the President, Vice-President and all other judges
of the People's Supreme Court;
p) elect the Attorney General and the assistant attorneys general of the Republic;
q) appoint permanent and temporary commissions;

23






r) recall the election or appointment of those persons elected or appointed by the Assembly;
s) exercise the highest supervision over the organs of state
and government;
t) acknowledge, evaluate and adopt pertinent decisions on
the reports rendering accounts submitted by the Council of State, the Council of Ministers, the People's Supreme Court, the Office of the Attorney General ot the Republic
and the Provincial Assemblies of People's Power;
u) revoke those decrcc-laws of the Council of State and decrees or resolutions of the Council of Ministers which
are contrary to the Constitution or the law;
v) annul or modify those resolutions or provisions of the
local organs of People's Power which encroach on the Constitution, the laws, the decree-laws, the decrees and other provisions issued by a superior organ, or those which are detrimental to the interests of other localities
or to the general interests of the nation;
-v) grant amnesty;
x) call for the holding of a referendum in those cases provided by the Constitution and others which the Asse mblv
considers pertinent;
y) establish its rules and regulations; and
z) exercise all other powers vested by the Constitution.
ARTICLE 74. All laws and resolutions of the National Assembly of People's Power, barring those in relation to amendments on the Constitution, are adopted by a simple majority vote.
ARTICLE 75. All laws approved by the National Assembly of People's Power go into effect on the date determined by each law.
Laws, decree-laws, decrees and resolutions, rules and regulations and other general provisions of the national organs of the state are published in the Official Gazette of the Republic.
ARTICLE 76. 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.

24




ARTICLE 77. More than half of the total number of deputies, must be present for a session of the National Assembly of People's Power,
ARTICLE 78. All sessions of the National Assembly of Pcopie's Power are public, except when the Assembly decides.to .hold a closed-door session on the grounds of state interests.
ARTICLE 79. The President of the National Assembly of People's Power is vested -vith the power to:
a) preside over the session of the National Assembly and see
to it that its rules and regulations are observed;
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 activities of the permanent and
temporary working commissions appointed by the National Assembly;
g) attend the meetings of the Council of State; and
h) exercise all other powers assigned to him by the Consti
tuition or the Assembly.
ARTICLE 80. The status of deputy does not entail personal privileges or economic benefits of any kind.
The deputies to the National Assembly of People's Power shall combine their activities as such with their regular everyday duties and tasks.
Insofar as their work as deputies demand, they are given leave without pay and a daily allowance equivalent to their salary Plus whatever additional expenses they may incur in the exercise of their duties.
ARTICLE 81. No deputy to the National Assembly of PcoPie'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.

25




ARTICLE 82. It is the duty of the deputies to the National Assembly of People's Power to exercise their duties in benefit of the people's interests, stay in contact with their electors; listen to their grievances, suggestions and criticism; explain the policy of the state to them; and periodically render account to them of the results of their activities.
Likewise, it is the deputies' duty to render account of their activities to the Assembly any time the Assembly deems it necessary.
ARTICLE 83. The deputies to the National Assembly of People's Power may be recalled by their electors at any time in the manner and procedure prescribed by law.
ARTICLE 84. The deputies to the National Assembly of People's Power have the right to make inquires to the Council of State, the Council of Ministers or the members of either and to have these inquires answered during the course of the same session or at the next session.
ARTICLE 85. All state organs and enterprises must provide all necessary cooperation to the deputies in the discharge of their duties.
ARTICLE 86. The proposal of laws is the responsibility of:
a) the deputies to the National Assembly of People's Power;
b) the Council of State;
c) the Council of Ministers;
d) the commissions of the National Assembly of People's Po.
wer;
e) the National Committee of 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
matters within its jurisdiction; and
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 87. The Council of State is the organ of the National Assembly of People's Power that represents it in the pe26




riod between sessions, enforces its resolution 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 88. The Council of State is vested with the power to:
a) call for special session of the National Assembly of People's Power;
b) set the date of the elections for the periodic renewal of
the National Assembly of People's Power;
c) issue decree-laws the period between the sessions of the
National Assembly of People's Power;
d) give existing laws a general and compulsory interpretation whenever necessary;
e) exercise legislative initiative;
f) make all the necessary arrangements for the holding of
referenda called for by the National Assembly of People's
Power;
g) decree 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 make peace -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 other states;
1) grant orders and decorations and honorary titles;
m) name commissions;

27




n) grant pardons;
o) ratify or denounce international treaties;
p) grant or refuse recognition to diplomatic representatives
of other states;
q) suspend those resolutions 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 when they arc detrimental to the interests of other localities or to the general interests of the nation, notifying the matter to the National Assembly of People's Power at the first session to be held after said suspension;
0 revoke those resolutions and provisions of the Executive
Committees of the local organs of People's Power which infringe the Constitution, the laws, the decree-laws, the decrees and other provisions issued by a higher organ 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; and
t) exercise all other powers conferred by the Constitution
and the law or granted by the National Assembly of
People's Power.

ARTICLE 89. All the decisions of the Council of State are adopted by a simple majority vote of its members.
ARTICLE 90. The mandate entrusted to the Council of State by the National Assembly of People's Power expires with the estab. lishment of a new Assembly by virtue of the periodic renewals of the Assembly.
ARTICLE 91. The President of the Council of State and Head of Government is vested with the power to:

a) represent the state and the government and conduct their
general policy;
b) organize, 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;

28






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 latter, 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 to the Council of State, accordingly, the replacement of any of those members and, in both
cases, propose the corresponding substitutes;
g) receive the credentials of the heads of foreign diplomatic
missions. This function may be delegated to any of the
Vice-Presidents of the Council of State;
h) exercise the supreme command of the Revolutionary Armed Forces;
i) sign the decree-laws and other resolutions of the Council
of State and arrange for their publication in the Official
Gazette of the Republic; and
j) assume all other duties assigned to him by the Constitution or the Assembly.

ARTICLE 92. In case of absence, illness or death of the re dent of the Council of State, the First Vice-Prcsidcnt assumes the President's functions.
ARTICLE 93. The Council of Ministers is the highest-ranking executive and administrative organ and constitutes the Government of the Republic.
The number, denomination and functions of the ministries and central agencies that constitute the Council of Ministers are determined by law.
ARTICLE 94. The Council of Ministers is composed of the Head of State and Government, as its President; the First VicePresident; the Vice-Presidents; the President of the Central Planning Board; the Ministers; the Secretary; and the other members that the law determines.
ARTICLE 95. The President, the First Vice-President and the Vice-Presidents of the Council of Ministers constitute its Executive Committee.

29






The members of the Executive Committee control and coordinate the work of the ministries and central organizations by sectors.
Whenever urgently required, the Executive Committee may decide on matters incumbent to the Council of Ministers.

ARTICLE 96. The Council of Ministers is vested with the power to:
a) organize and conduct the political, economic, cultural,
scientific, social and defense activities approved by the
National Assembly of People's Power;
b) propose drafts of general plans for the socio-economic
development of the state and, once approved by the National Assembly of People's Power, organize, direct and
supervise their implementation;
c) conduct the foreign policy of the Republic and the relations with other governments;
d) approve international treaties and submit them to the
Council of State for ratification;
e) direct and control foreign trade;
f) draw up the draft for the state budget and, once ap
proved by the National Assembly of People's Power, 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;
0 attend to national defense, the maintenance of order and
internal security, 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, unifying, coordinating and supervising the activities of the ministries and
other central agencies of the administration;
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 rules and regulations;

30




D issue decrees and provisions on the basis of and pursuant
to the existing laws and supervise their implementation;
m) grant territorial asylum;
n) determine the general organization of the Revolutionary
Armed Forces;
o) exercise the direction and the methodological and technical supervision of the administrative functions of the local organs of People's Power through the corresponding
ministries and other central agencies;
p) revoke or annul those provisions issued by ministers,
heads of central agencies and the administrative bodies of the local organs of People's Power which are contrary to the instructions- issued from a higher level and whose
fulfillment is compulsory;
q) propose to the National Assembly of People's Power the
annulment of, or to the Council of State the suspension of, thos, resolutions and provisions issued by the Assemblies of the local organs of People's Power which infringe existing laws and other provisions or are detrimental to the interests of other communities or to the general interests
of the nation;
r) name the commissions it deems necessary to facilitate
the fulfillment of the tasks assigned to it;
s) appoint and remove officials in keeping with the powers
it is vested with by the law; and
t) assume any function assigned to it by the National Assembly of People's Power or the Council of State.

ARTICLE 97. The Council of Ministers must respond for its action to the National Assembly of People's Power periodically rendering account of all its activities.
ARTICLE 98. The members of the Council of Ministers are vested with the power to:

a) conduct the affairs and tasks of the ministries or agencies
under thcir care, issuing the necessary resolutions and
provisions to that effect;
b) dictate, in the event that it is not the specific duty of
another state organ, the necessary rules and regulations

31




required for the implementation and enforcement of those
laws and decree-laws which concern them;
c) attend the sessions of the Council of Ministers, with the
right to speech and vote, and submit to the consideration of the Coiricil whatever bill, decree-law, decree, resolution
or any other proposal they consider advisable;
d) appoint, according to the law, the officials of their agencies; and
e) exercise any other powers vested in them by the Constitution and the law.

ARTICLE 99. The General Secretary of the Central Organization of Cuban Trade Unions has the right to participate in the sessions of the Council of Ministers and of its Executive Committee.

CHAPTER IX
Local Organs of People's Power

ARTICLE 100. For politico-administrative purposes, the national territory is divided into provinces and municipalities; their number, boundaries and names are established by law.
The law may also establish other forms of division.
ARTICLE 101. The Assemblies of Delegates of People's Power, established in the political and administrative divisions into which the national territory is divided according to the law, are the superior local organs of state power.
ARTICLE 102. The Local Assemblies of People's Power are vested with the highest authority for the exercise of their state functions in the areas under their jurisdiction. To this effect, they govern in all that concerns them and, through the organs which they establish, direct economic, production and service units which are directly subordinate to them and carry out the activities required in order to meet the needs for care and provide economic, cultural, educational and recreational services for the community in the territory under their jurisdiction.
They also contribute to the development of activities and the fulfillment of plans of those units in their territory which are not subordinate to them.

32






ARTICLE 103. In the exercise of their functions, the Local Assemblies of People's Power rely on the initiative and the broad participation of the population, and act in close coordination with the social and mass organizations.
ARTICLE 104. The local organs of People's Power, insofar as they are concerned and according to the law, participate in the preparation, implementation and control of the Central Socioeconomic Development Plan adopted by the state.
ARTICLE 105. Within the limits of their jurisdiction, the Provincial and Municipal Assemblies of People's Power:

a) observe and help to enforce the general laws and provisions issued by the superior organs of the state;
b) adopt resolutions and issue provisions;
c) revoke, suspend or modify, whatever the case may be,
the resolutions and provisions of the organs subordinate to them which infringe the Constitution or the laws, decree-laws, decrees, rules and regulations or resolutions issued by the superior organs of state power or those which are detrimental to the interests of other communities or to the general interests of the nation;
d) elect their executive Committee and determine its organization, functions and tasks, according to the law;
e) revoke the mandate of the members of the respective
Executive Committees;
f) determine the organization, functions and tasks of the
administrative departments in the different branches of
socioeconomic activity;
g) appoint, replace or dismiss the heads of their administrative departments;
h) name and dissolve working commissions;
i) elect and recall, in keeping with the provisions of the
law, the judges of'thc people's courts in the areas under
their respective jurisdictions;
j) acknowledge and evaluate the reports rendering account
submitted by their Executive Committees, judicial organs and immediate subordinate assemblies and adopt the pertinent decisions regarding those reports;

33






k) protect and defend the rights of citizens and socialist property.;
1) work to uphold socialist legality, secure internal order
and strengthen the nation's defensive capacity; and
m) exercise all other functions assigned by the Constitution
and the law.

ARTICLE 106. On the second Sunday following the election of the delegates to the Municipal Assembly of People's Power, the Assembly meets by its own right under the presidency of ihe oldest delegate in order to confirm the validity of the election. Once this has been done, it elects the Executive Committee and the delegates to the Provincial Assemblies. In this session the two youngest delegates act as secretaries.
The other local Assemblies are established in the same manner and at the time prescribed by the law.
ARTICLE 107. The regular and special sessions of the Local Assemblies of People's Power are public. Only when state secrets or the honor of persons are involved may the Assembly decide to hold a secret session.
ARTICLE 108. In order for resolutions of the'Assemblies of People's Power to be valid, more than half the total number of members must be present. Resolutions are adopted by simple majority.
ARTICLE 109. The administrative departments are subordinate to their respective Assemblies, their Executive Committees and the superior organs of the corresponding administrative branches.
ARTICLE 110. The permanent working commissions organized by branches of production and services or by areas of activities aid the Assemblies and their Executive Committees in their respective activities and in controlling administrative dcpartments and local enterprises.
Temporary commissions fulfill specific tasks assigned within the time limits indicated.
ARTICLE 111. The Assemblies shall be renewed every two and a half years, which is the term in office of a delegate.
This term can only be extended by decision of the National Assembly of People's Power, in the cases mentioned in Article 70.

34






ARTICLE 112. The mandate of the delegates may only be revoked by their electors, who can do so at any time, according to the procedure prescribed by the law. The law also establishes the cases and the procedure for replacing delegates when they .are unable to perform their duties.

ARTICLE 113. The delegates fulfill the mandate of their electors in the interest of all the community, and they must:
a) convey to the Assembly the opinions, needs and problems
expressed by their electors;
b) report to their electors on the policy of the Assembly and
the measures adopted in order to meet the needs posed by the people or outline the reasons why they have not been
met; and
c) periodically render account of their activities to their
electors and to the corresponding Assembly.

ARTICLE 114. The Executive Committee is the collegiate organ elected by the Provincial and Municipal Assemblies of People's Power to fulfill the functions prescribed by the Constitution and the law and the tasks assigned by the Assembly.
The Executive Committee is composed of the number of memlbers determined by the law. They elect, with the ratification of the Assembly, a President, a Vice-President and a Secretary, 'who also hold those posts inthe Assembly.
ARTICLE 115. The members to the Executive Committees of the Municipal and Provincial Assemblies must be elected from among the ranks of Assembly delegates.
In all cases the election takes place by virtue of candidacies proposed in the manner prescribed by the law.
The President of every Municipal Executive Committee is a so, y rig t, a c egate to t e correspond ing Provincial Assemly of People's Power.

ARTICLE 116. The Executive Committee has the power to:
a) call for regular' and special sessions of the Assembly;
b) publish and implement the resolutions adopted by the
Assembly;
c) suspend the implementation of any measure enacted by
the immediate subordinate local Assemblies of People's

35






Power when it infringes the Constitution, the law or any measure enacted by the superior organs of state power or is detrimental to the interests of other communities or to
the general interests of the nation;
d) revoke, in the cases mentioned in clause c), the provisions, decisions and resolutions of the Executive Committees of the immediate subordinate Local Assemblies of People's Power in those periods in which the Assembly to
which they pertain is not in session;
e) acknowledge, evaluate and adopt the pertinent decisions
regarding the rendering of account reports submitted by
the immediate subordinate Executive Committee;
f) direct and control administrative departments and local
enterprises; I
g) appoint and replace officials of administrative departments and of local enterprises;
h) adopt pertinent measures to contribute to the development of the activities and the fulfillment of the plans of;, the units established in the territory of the respective Assemblies which are not subordinate to it; and
i) suspend and temporarily replace the heads of administrative departments and local enterprises, informing the As.
scmbly, which may ratify or modify the decision.

ARTICLE 117. In the periods between Assembly sessions, the Executive Committee assumes its functions, which are ou lined in clauses a), b), b), k) and 1) of Article 105.
The resolutions and general measures adopted by the Executive Committee in the exercise of those powers must be ratified, modified or annulled by the Assembly in its next session.
ARTICLE 118. The Executive Committee periodically renders an account of its activities to the corresponding Assembly and to the immediate superior Executive Committee.
ARTICLE 119. The mandate entrusted to the Executive Cornmittees ceases when the new Provincial and Municipal Assemblies of People's Power are established accordingly.
ARTICLE 120. The President of the Executive Committe has the power to:
a) call for and preside over the sessions of the Assembly;

36




b) see to it that the rules and regulations of the Assembly
are enforced;
C) call for and preside over the sessions of the Executive
Committee; and
d) organize the activity of the Executive Committee.
The President of the Executive Committee may delegate some of these functions to the Vice-President.

CHAPTER X

The Courts and the Office of the Attorney General
ARTICLE 121. The function of administering justice derives from the people and is exercised on their behalf by the People's Supreme Court and the other courts which the law establishes.
The jurisdiction and competence of the courts on their different levels shall be adjusted to the politico-administrativc division of the country and the needs of the judicial function.
The law regulates the organization of the courts; the autbority and the form of exercising it; the standards that judges must meet; the manner in which they must be elected; the period of time they are to serve in their respective posts and the procedure for recall.
ARTICLE 122. The courts constitute a system of state organs structured with functional independence from any other organ and subordinate only to the National Assembly of People's Power and the Council of State.
ARTICLE 123. The main objectives of the activities of the courts are:
a) to uphold and strengthen socialist legality;
b) to safeguard the economic, social and political regime
established in the Constitution;
c) to protect socialist property and the personal property
of citizens and others which thOConstitution recognizes;
d) to safeguard the rights and legitimate interests of state
agencies and those of economic institutions and social and
mass organizations;
c) to protect the life, freedom, dignity, honor, property, family relations and other legitimate rights and interests
of citizens;

37




f) to prevent violations of the law and antisocial behavior,
restrain and reeducate those wvho incur in such violations or behavior and to reestablish law and order when demands are made in protest against its infringement; and
g) to increase the socio-juridical awareness of the people
stressing the fact that the lawv must be strictly obeyed, making timely comments in their decisions aimed at edu.
cating all citizens in the conscientious and voluntary fulfillment of their duty of loyalty to the country, the cause
of socialism and the standards of socialist living.

ARTICLE 124. The People's Supreme Court is the foremost judicial authority, and its decisions in this field are final.
Through its Gove-rning Council, it exercises legislative initiative and statutory power, makes decisions and enacts norms whose fulfillment is compulsory for all the people's courts, Based on their experience, it issues instructions which are also compulsory in order to establish uniform judicial practice in the interpretation and enforcement of the law.
ARTICLE 125. The judges, in their function of administer.~ ing justice, are independent and owe obedience only to the law!

ARTICLE 126. Sentences and other final decisions of the"courts, pronounced or enacted within the limits of their juris. diction, must be obeyed and implemented by state agencies economic and social institutions and citizens, by those direct] ,affected and by those who do not have a direct interest in thei implementation but have the duty to participate in it.
ARTICLE 127. All courts function in a collegiate form.
Professional and lay judges participate in the administratior of justice with equal duties and rights.
In view of their social importance, priority should be giverf to the judicial functions assigned to the lay judges.
ARTICLE 128. Courts render account of their work to th Assembly that elected them at least once a year.
ARTICLE 129. A judge can be recalled only by the orgav which elected him.
ARTICLE 130. It falls within the jurisdiction of the Offic of the Attorney General of thc Republic, as its main objective,






provisions are obeyed by state agencies, economic and social institutions and the citizens.
The law determines the manner, extent and time that the Office of the Attorney General exercises these powers.
ARTICLE 131. The Office of the Attorney General of the Republic constitutes an organic unit subordinate only to the National Assembly of People's Power and the Council of State.
The Attorney General of the Republic receives instructions directly from the Council of State.
The Attorney General of the Republic directs and controls the work done by his office all over the country.
The Attorney General of the Republic is a member of the Governing Council of the People's Supreme Court.
The organs of the Office of the Attorney General arc 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 organs.
ARTICLE 132. The Attorney General of the Republic and the assistant attorneys general arc elected and subject to recall by the National Assembly of People's Power. The law stipulates the length of time they arc to serve.
ARTICLE 133. The Attorney General of the Republic renders account of his work to the National Assembly of People's Power at least once a year.

CHAPTER XI
Electoral System
ARTICLE 134. In every election and in referenda, voting is free, equal and secret. Each votcr has the right to only one vote.
ARTICLE 135. All Cubans 16 years of age and over, men and women alike, have the right to vote, except those who:
a) are mentally disabled and have been declared so by a
court, or
b) are judicially incapacitated for having committed a crime.
ARTICLE 136. All Cuban citizens, men and women alike, enjoying full political rights, may be elected.

39






In elections for deputies to the National Assembly of People's Power, the voter must be 18 years old or over.
ARTICLE 137. Members of the Revolutionary Armed Forces and other military institutions have the right to elect and be elected, just like any other citizen.
ARTICLE 138. The law determines the number of delegates that constitute each of the Assemblies in proportion to the population in each of the politico-administrative areas into which the national territory is divided; it also regulates the manner and procedure of the election.
Delegates to the Municipal Assemblies are elected from previously determined electoral circumscriptions.
ARTICLE 139. The Municipal Assemblies elect, through secret balloting, the delegates to the Provincial Assemblies of Pcople's Power.
ARTICLE 140. In order for a delegate to be considered elected, lie must have more than half the number of votes cast in the electoral circumscription.
If this does not occur, the-law stipulates the procedure for new elections to be held in ordef'to decide who is elected from among those with the most votes.

CHAPTER XII
Amendment of the Constitution

ARTICLE 141. The Constitution may only be amended in full or in part by the National Assembly of People's Power, through a resolution adopted by roll-call vote by a majority of no less than two thirds of the total number of members.
If the amendment is in full or 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 called for this purpose by the Assembly.

LAW OF CONSTITUTIONAL TRANSITION

WHEREAS: The full enforcement of the socialist Constitution, once approved, requires a period of constitutional transition,

40






which must be extended until the new organs and institutions created are established and in function.
WHEREAS:.The interim provisions stipulating the time and order in which the various articles of the Constitution must be put into effect and also specifying the norms that shall mantain temporary enforcement, must be staffed in a law approved in the same manner and at the same time as the Constitution.
THEREFORE: We, Citizens of Cuba, by our free vote and via referendum, adopt the following.

LAW OF CONSTITUTIONAL TRANSITION

ARTICLE 1. The Constitution of the Republic of Cuba, approved by popular referendum, shall be put into effect on February 24th, 1976, as expressed in the following provisions:
First: On the said date of February 24th, 1976, the preamble, articles I through 65, article 69, article 100 and articles 134 through 141, shall enter into effect.
Second: Articles 101 through 120 shall be put into effect once the delegates to the Municipal Assemblies of People's Power arc elected.
Third: All the other articles of the Constitution not mentioned in the two previous provisions shall enter into effect as soon as the supreme organs of People's Power are established.
Fourth: The President of the Republic, the Prime Minister, the Executive Committee of the Council of Ministers and the Council of Ministers shall maintain the authority and functions vested in them by the Fundamental Law February 7th, 1959, and by the existing laws, until the National Assembly of People's Power is established and elects the Council of State and appoints the Council of Ministers.
Fifth: The People's Supreme Court and the People's Provincial, Reaional and Local Courts, constituted by the Law of the Judicial System Organization of June 23rd, 1973, shall maintain their present jurisdiction and function until their new structure is determined by law, in order to adjust it to the politicoadministrative division of the country that the law shall cstablish and accordingly the new courts constituted.
Sixth: Labor Justice, with jurisdiction to solve disputes arising from labor relations, shall remain under the control of the

41







Ministry of Labor until its integration to the existing judicial system is determined by law.
Seventh: The Metropolitan Havana Administration, the organs of People's Power of the Province of Matanzas and the local administrations of the rest of the country already established or to be constituted according to the law, shall mantain their authority until the Local Organs of People's Power are established according to the Constitution and the new politico-administrative territorial division.
The national state organs that so require shall temporarily mantain delegations in the districts that at present conform the provinces of Oriente, Camagiley and Las Villas, in order to coordinate the activities and guarantee all services to the new provinces that shall be established in these districts. The Council of Ministers shall determine the duration of their existence.
Eighth: As of the enactment of the Constitution, the constitutional laws of Agrarian Reform of May 17th, 1959, and October 3rd, 1963, of Urban Reform of October 14th, 1960, and of Nationalization of Education of June 6th, 1961, shall become plain lawvs.
Ninth: Until the Council of State is established, the formalization of the loss of citizenship in the cases specified in clauises b) and c) of article 32 of the Constitution, shall become effective by decree of the President of the Republic.
Tenth: The grant of citizenship according to clause c) of article 30 of the Constitution, shall become effective by the Executive Committee of the Council of Ministers until the Council of State is established.
Eleventh: Laws, law-decrees, decree-laws, resolution-laws, decrees and all other provisions enacted prior to February 24th, 1976, shall remain in existence in all that is compatible with the Constitutioh *until they 'are legally amended or abolished.
The Council of Ministers is the only body vested with the power to declare the incompatibility with thc Constitution of any provision enacted prior to the establishment of the National Assembly of People's Power, until the latter is organized.
The Council of State, within the periods of sessions of the National Assembly of People's Power, shall have the power to modify or abolish in full or in part any law, decree-law, law-de42





cree, resolution-law, military orders issued by intervention governments or any other existing provision enacted or enforced prior to the establishment of the National Assembly, rendering account to the National Assembly in the next session for its ratification or denial.
ARTICLE 2. This law, once approved by popular referendum, shall be put into effect on February 24th, 1976.


































43





























This book Constitution of the Republic of Cuba was printed in the printing shop "Osvaldo SAnchez", in 1977.