Constitution of the Republic
of Cuba, 1992
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 Indians who preferred extermination to
submission;
by the slaves who rebelled against their
masters;
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 victory in 1898, a victory
usurped by the military intervention and occupation of Yankee
imperialism;
by the workers, peasants, student and
intellectuals who struggled for over fifty years against
imperialist domination, political corruption, the absence of
people?s rights and liberties, unemployment and exploitation
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 the birth of Mart�ho, imbued with his
teachings, led us to the people?s revolutionary victory of
January;
by those who defended the Revolution at the cost
of their lives, thus contributing to its definitive
consolidation;
by those who en masse carried out heroic
internationalist missions;
GUIDED
by the ideas of Jos頍art�nd the political and
social ideas of Marx, Engels and Lenin;
BASING OURSELVES
on proletarian internationalism, on the
fraternal friendship, aid, cooperation and solidarity of the
peoples of the world, especially those of Latin America and
the Caribbean;
AND HAVING DECIDED
to carry forward the triumphant Revolution of
the Moncada and of the Granma of the Sierra and of Girnder
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, with the Communist Party at the forefront,
continues this construction with the final objective of
building a communist society;
AWARE
that all the regimes based on the exploitation
of man by man cause the humiliation of the exploited and the
degradation of the human 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
be attained; and
that our Revolution uplifted the country and of
Cubans;
WE DECLARE
our will that the law of laws of the Republic be
guided by the following strong desire of Jos頍art�at last
achieved;
"I want the fundamental law of our republic to
be the tribute of Cubans to the full dignity of man";
AND ADOPT
by means of our free vote in a referendum, the
following:
CONSTITUTION
CHAPTER I
POLITICAL, SOCIAL AND ECONOMIC
PRINCIPLES OF THE STATE
ARTICLE 1. 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 well-being and human solidarity.
ARTICLE 2. The name of the Cuban state is
Republic of Cuba, the official language is Spanish and its
capital city is Havana.
ARTICLE 3. In the Republic of Cuba sovereignty
lies in the people, from whom originates all the power of the
state. That power is exercised directly or through the
assemblies of People?s Power and other state bodies which
derive their authority from these assemblies, in the form and
according to the norms established in the Constitution and by
law.
When no other recourse is possible, all citizens
have the right to struggle through all means, including armed
struggle, against anyone who tries to overthrow the political,
social and economic order established in this
Constitution.
ARTICLE 4. The national symbols are those which,
for over one hundred years, have presided over the Cuban
struggles for independence, the tights of the people and
social progress:
the lag of the lone star;
the anthem of Bayamo;
the coat of arms of the royal palm.
ARTICLE 5. The Communist Party of Cuba, a
follower of Mart풳 ideas and of Marxism-Leninism, and the
organized vanguard of the Cuban nation, is the highest leading
force of society and of the state, which organizes and guides
the common effort toward the goals of the construction of
socialism and the progress toward a communist society,
ARTICLE 6. The Young Communist League, the
organization of Cuba?s vanguard youth, has the recognition and
encouragement of the state in its main duty of promoting the
active participation of young people in the tasks of building
socialism and adequately preparing the youth to be
conscientious citizens capable of assuming ever greater
responsibilities for the benefit of our society.
ARTICLE 7. The Cuban socialist state recognizes
and stimulates the social and mass organizations, which arose
from the historic process of struggles of our people. These
organizations gather in their midst the various sectors of the
population, represent specific interests of the same and
incorporate them to the tasks of the edification,
consolidation and defense of the socialist society.
ARTICLE 8. The state recognizes, respects and
guarantees freedom of religion.
In the Republic of Cuba, religious institutions
are separate from the state.
The different beliefs and religions enjoy the
same consideration.
ARTICLE 9. The 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 rules of
living together and of conduct proper of a society free from
the exploitation of man by man;
- protects the constructive work of the people
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,
have the opportunity to have a job with which to contribute to
the good of society and to the satisfaction of individual
needs;
- that no disabled person be left without
adequate mean 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 comfortable place to live.
ARTICLE 10. All state bodies, their leaders,
officials and employees function within the limits of their
respective competency and are under the obligation to strictly
observe socialist legality and to look after the respect of
the same within the context of the whole of society.
ARTICLE 11. The state exercises its
sovereignty:
a) over the entire national territory, which
consists of the island of Cuba, the Isle of Youth and all
other adjacent islands and keys; internal waters; the
territorial waters in the extension prescribed by law; and the
air space corresponding to the above;
b) over the environment and natural resources of
the country;
c) over mineral, plant and animal resources on
and under the ocean floor and those in waters comprised in the
Republic?s maritime economic area, as prescribed by law, in
keeping with international practice.
The Republic of Cuba rejects and considers
illegal and null all treaties, pacts and concessions which
were signed in conditions of inequality, or which disregard or
diminish its sovereignty and territorial integrity.
ARTICLE 12. The Republic of Cuba espouses the
principles of anti-imperialism and internationalism, and
a) ratifies its aspirations to a valid, true and
dignified peace for all states, big or small, weak or
powerful, based on respect for the independence and
sovereignty of the peoples and the right to
self-determination;
b) establishes its international relations based
on the principles of equality of rights, self-determination of
the peoples, territorial integrity, independence of states,
international cooperation for mutual and equitable benefit and
interest, peaceful settlement of disputes on an equal footing
and based on respect and the other principles proclaimed in
the United Nations Charter and in other international treaties
which Cuba is a party to;
c) reaffirms its desire for integration and
cooperation with the countries of Latin America and the
Caribbean, whose common identity and historical need to
advance united on the road to economic and political
integration for the attainment of true independence would
allow us to achieve our rightful place in the world;
d) advocates the unity of all Third World
countries in the face of the neocolonialist and imperialist
policy which seeks to limit and subordinate the sovereignty of
our peoples, and worsen the economic conditions of
exploitation and oppression of the underdeveloped nations;
e) condemns imperialism, the promoter and
supporter of all fascist, colonialist, neocolonialist and
racist manifestations, as the main force of aggression and of
war, and the worst enemy of the peoples;
f) repudiates direct or indirect intervention in
the internal and external affairs of any state and, therefore,
also repudiates armed aggression, economic blockade, as well
as any other kind of economic or political coercion, physical
violence against people residing in other countries, or any
other type of interference with or aggression against the
integrity of states and the political, economic and cultural
elements of nations;
g) rejects the violation of the inalienable and
sovereign right of all states to regulate the use and benefits
of telecommunications in their territory, according to
universal practice and international agreements which they
have signed;
h) considers wars of aggression and of conquest
international crimes; recognizes the legitimacy of the
struggle for national liberation, as well as of armed
resistance to aggression; and considers that its solidarity
with those under attack and with the peoples that struggle for
their liberation and self-determination constitutes its
internationalist duty;
i) bases its relations with those countries
building socialism on fraternal friendship, cooperation and
mutual assistance, founded on the common objectives of the
construction of a new society;
j) maintains friendly relations with those
countries which ? although having a different political,
social and economic system ? respect its sovereignty, observe
the rules of coexistence among states and the principles of
mutual conveniences, and adopt an attitude of reciprocity with
our country.
ARTICLE 13. The Republic of Cuba grants asylum
to those who are persecuted because of their ideals or their
struggles for democratic rights; against imperialism, fascism,
colonialism and neocolonialism; against discrimination and
racism; for national liberation; for the rights of workers,
peasants and students and the redress of their grievances; for
their progressive 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 fundamental means of production and on the
abolition of the exploitation of man by man.
In Cuba also rules the principle of socialist
distribution of "from each according to his capacity, to each
according to his work." The law establishes the provisions
which guarantee the effective fulfillment of this
principle.
ARTICLE 15. Socialist state property, which is
the property of the entire people, comprises:
a) the lands that do not belong to small farmers
or to cooperatives formed by them, the subsoil, mines,
mineral, plant and animal resources in the Republic?s maritime
economic area, forests, waters and means of
communications;
b) the sugar mills, factories, chief means of
transportation and all those enterprises, banks and facilities
that have been nationalized and expropriated from the
imperialist, landholders and bourgeoisie, as well as the
factories, enterprises and economic facilities and scientific,
social, cultural and sports centers built, fostered or
purchased by the state and those to be built, fostered or
purchased by the state in the future.
Property ownership may not be transferred to
natural persons or legal entities, save for exceptional cases
in which the partial or total transfer of an economic
objective is carried out for the development of the country
and does not affect the political, social and economic
foundations of the state, prior to approval by the Council of
Ministers or its Executive Committee.
The transfer of other property rights to state
enterprises and other entities authorized to fulfill this
objective will be prescribed by law.
ARTICLE 16. The state organizes, directs and
controls the economic life of the nation according to a plan
that guarantees the programmed development of the country,
with the purpose of strengthening the socialist system, of
increasingly satisfying the material and cultural needs of
society and of citizens, of promoting the flourishing of human
beings and their integrity, and of serving the progress and
security of the country.
The workers of all branches of the economy and
of the other spheres of social life have an active and
conscious participation in the elaboration and execution of
the production and development plans.
ARTICLE 17. The state directly administers the
goods that make up the socialist property of the entire
people?s, or may create and organize enterprises and entities
to administer them, whose structure, powers, functions and the
system of their relations are prescribed by law.
These enterprises and entities only answer for
their debts through their financial resources, within the
limits prescribed by law. The state does not answer for debts
incurred by the enterprises, entities and other legal bodies,
and neither do these answer for those incurred by the
state.
ARTICLE 18. The state controls and directs
foreign trade. The law establishes the state institutions and
officials authorized to:
- create foreign trade enterprises;
- standardize and regulate export and import
transactions; and
- determine the natural persons or legal bodies
with judicial powers to carry out these export and import
transactions and to sign trade agreements.
ARTICLE 19. The state recognizes the right of
small farmers to legal ownership of their lands and other real
estate and personal property necessary for the exploitation of
their land, as prescribed by law.
Small farmers may only incorporate their lands
to agricultural production cooperatives with the previous
authorization of the competent state body and fulfillment of
the other legal requirements. They may also sell their lands,
swap them or transfer them for another title to the state and
agricultural production cooperatives, or to small farmers in
the cases, forms and conditions prescribed by law, without
detriment to the preferential right of the state to the
purchase of the land while paying a fair price.
Land leases, sharecropping, mortgages and all
other acts which entail a lien on the land or cession to
private individuals of the rights to the land which is the
property of the small farmers are all prohibited.
The state supports the small farmers? individual
production which contributes to the national economy.
ARTICLE 20. Small farmers have the right to
group themselves, in the way and following the requirements
prescribed by law both for the purpose of agricultural
production and for obtaining state loans and services.
The establishment of agricultural production
cooperatives in the instances and ways prescribed by law is
authorized. Ownership of the cooperatives, which constitutes
an advanced and efficient form of socialist production, is
recognized by the state.
The agricultural production cooperatives manage,
own use and dispose of the goods they own, as prescribed by
law and by its regulations.
Land owned by cooperatives may not be seized or
taxed and its ownership may be transferred to other
cooperatives or to the state, according to the causes and as
prescribed by law.
The state gives all possible support to this
form of agricultural production.
ARTICLE 21. The state guarantees the right to
personal ownership of earnings and savings derived from one?s
own work, 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 of
citizens to ownership of their personal or family work tools.
These tools may not be used to obtain earning derived from the
exploitation of the work of others.
The law establishes the amount of goods owned by
a person which can be seized.
ARTICLE 22. The state recognizes the right of
political, mass and social organizations to ownership of the
goods intended for the fulfillment of their objectives.
ARTICLE 23. The state recognizes the right to
legal ownership of joint ventures, companies and economic
associations which are created as prescribed by law.
The use enjoyment and disposal of the goods
owned by the above-mentioned entities are ruled by that
prescribed by law and by accords, as well as by their statutes
and regulations.
ARTICLE 24. The state recognizes the right of
citizens to inherit legal title to a place of residence and to
other personal goods and chattels.
The land and other goods linked to production in
the small farmers? property may be inherited by and only be
awarded to those heirs who work the land, save exceptions and
as prescribed by law.
The law prescribes the cases, conditions and
ways under which the goods of cooperative ownership may by
inherited.
ARTICLE 25. The expropriation of property for
reasons of public benefit or social interest and with due
compensation is authorized.
The law establishes the method for the
expropriation and the bases on which the need for and
usefulness of this action is to be determined, as well as the
form of compensation, taking into account the interest and the
economic and social needs of the person whose property has
been expropriated.
ARTICLE 26. Anybody who suffers damages unjustly
caused by a state official or employee while in the
performance of his public functions has the right to claim and
obtain the corresponding indemnification as prescribed by
law.
ARTICLE 27. The state the environment and
natural resources. It recognizes the close links they have
with sustainable economic and social development to make human
life more rational and to ensure the survival, well-being and
security of present and future generations. The application of
this policy corresponds to the competent bodies.
It is the duty of citizens to contribute to the
protection of the waters, atmosphere, the conservation of the
soil, flora, fauna and nature?s entire rich potential.
CHAPTER II
CITIZENSHIP
ARTICLE 28. Cuban citizenship is acquired by
birth or through naturalization.
ARTICLE 29. Cuban citizens by birth are:
a) those born in national territory, with the
exception of the children of foreign persons at the service of
their government or international organizations. In the case
of the children of temporary foreign residents in the country,
the law stipulates the requisites and formalities;
b) those born abroad, one of whose parents at
least is Cuban and on an official mission;
c) those born abroad, one of whose parents at
least is Cuban, who have complied with the formalities
stipulated by law;
d) those born outside national territory, one of
whose parents at least is Cuban and who lost their Cuban
citizenship provide they apply for said citizenship according
to the procedures stated by law;
e) foreigners who, by virtue of their
exceptional merits won in the struggles for Cuba?s liberation,
were considered Cuban citizens by birth.
ARTICLE 30. Cuban citizens by naturalization
are:
a) those foreigners who acquire Cuban
citizenship in accordance with the regulations established by
law;
b) those who contributed to the armed struggle
against the tyranny overthrown on January 1, 1959, provided
they show proof of this in the legally established form;
c) those who having been arbitrarily deprived of
their citizenship of origin, obtain Cuban citizenship by
virtue of an express agreement 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. Cubans may not be deprived of their
citizenship save for established legal causes. Neither may
they be deprived of the right to change citizenship.
Dual citizenship is not recognized. Therefore,
when a foreign citizenship is acquired, the Cuban one will be
lost.
Formalization of the loss of citizenship and the
authorities empowered to decide on this is prescribed by
law.
ARTICLE 33. Cuban citizenship may be regained in
those cases and ways specified by law.
CHAPTER II
ALIENS
ARTICLE 34. Foreign residents in the territory
of the Republic are equal to Cubans in:
- the safeguarding of persons and property;
- the enjoyment of the rights and the
fulfillment of the duties recognized in this Constitution,
under the conditions and with the limitations prescribed by
law;
- the obligation to observe the Constitution and
the law;
- the obligation to contribute to the public
expenditure in the form and amount prescribed by law;
- the submission to the jurisdiction and
resolutions of the Republic?s courts of justice and
authorities.
The law establishes the cases and the ways in
which foreigners may be expelled from national territory and
the authorities empowered to decide on this.
CHAPTER IV
THE FAMILY
ARTICLE 35. The state protects the family,
motherhood and matrimony.
The state recognizes the family as the main
nucleus of society and attributes to it the important
responsibilities and functions in the education and formation
of the new generations.
ARTICLE 36. Marriage is the voluntarily
established union between a man and a woman, who are legally
fit to marry, in order to live together. It is based on full
equality of rights and duties for the partners, 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 37. All children have the same rights,
regardless of being born in or out of wedlock.
Any qualification concerning the nature of the
filiation is abolished.
No statement shall be made either with 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 parenthood.
The state guarantees, through adequate legal
mean, the determination and recognition of paternity.
ARTICLE 38. The parents have the duty to provide
nourishment 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 and well-prepared citizens for
life in a socialist society.
It is the children?s duty, in turn, to respect
and help their parents.
CHAPTER V
EDUCATION AND CULTURE
ARTICLE 39. The state orients,
foments and promotes education, culture and science in all
their manifestations.
Its educational and cultural policy is based on
the following principles:
a) the state bases its educational and cultural
policy on the progress made in science and technology, the
ideology of Marx and Mart�and universal and Cuban
progressive pedagogical tradition;
b) education is a function of the state and is
free of charge. It is based on the conclusions and
contributions made by science and on the close relationship
between study and life, work and production.
The state maintains a broad scholarship system
for students and provides the workers with multiple
opportunities to study to be able to attain the highest
possible of knowledge and skills.
The law established 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 should acquire;
c) the state promotes the patriotic and
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) there is freedom of artistic creation as long
as its content is not contrary to the Revolution. There is
freedom of artistic expression;
e) 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;
f) there is freedom of creation and research in
science. The state encourages and facilitates research and
gives priority to that which is aimed at solving the problems
related to the interests of society and the well-being of the
people;
g) the state makes it possible for the workers
to engage in scientific work and to contribute to the
development of science;
h) the state promotes, foments and develops all
forms of physical education and sports as a means of education
and of contribution to the integral development of
citizens;
i) the state defends Cuban culture?s identity
and 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 values;
j) 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.
ARTICLE 40. The state and society give special
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 VI
EQUALITY
ARTICLE 41. All citizens have equal rights and
are subject to equal duties.
ARTICLE 42. Discrimination because of race, skin
color, sex, national origin, religious beliefs and any other
form of discrimination harmful to human dignity is forbidden
and will be punished by law.
The institutions of the state educate everyone
from the earliest possible age in the principle of equality
among human beings.
ARTICLE 43. The state consecrates the right
achieved by the Revolution that all citizens, regardless of
race, skin color, sex, religious belief, national origin and
any situation that may be harmful to human dignity:
- have access, in keeping with their merits and
abilities, to all state, public administration, and production
services positions and jobs;
- can reach any rank in the Revolutionary Armed
Forces and in Security and internal order, in keeping with
their merits and abilities;
- be given equal pay for equal work;
- have a right to education at all national
educational institutions, ranging from elementary schools to
the universities, which are the same for all;
- be given health care in all medical
institutions;
- live in any sector, zone or area and stay in
any hotel;
- be served at all restaurants and other public
service establishments;
- use, without any separations, all means of
transportation by sea, land and air;
- enjoy the same resorts, beaches, parks, social
centers and other centers of culture, sports, recreation and
rest.
ARTICLE 44. Women and men have the same rights
in the economic, political, cultural and social fields, as
well as in the family.
The state guarantees women the same
opportunities and possibilities as men, in order to achieve
woman?s full participation in the development of the country.
The state organizes such institutions as
children?s day-care centers, semi-boarding schools and
boarding schools, homes for the elderly and services to make
it easier for the working family to carry out its
responsibilities.
The state looks after women?s health as well as
that of their offspring, giving working women paid maternity
leave before and after giving birth and temporary work options
compatible with their maternal activities.
The state strives to create all the conditions
which help make real the principle of equality.
CHAPTER VII
FUNDAMENTAL RIGHTS, DUTIES AND GUARANTEES
ARTICLE 45. Work in a socialist society is a
right and duty and a source of pride for every citizen.
Work is remunerated according to its quality and
quantity; when it is provided, the needs of the economy and of
society, the choice of worker and his skills and ability are
taken into account; this is guaranteed by the socialist
economic system, that facilitates social and economic
development, without crises, and has thus eliminated
unemployment and the "dead season."
Nonpaid, voluntary work carried out for the
benefit of all society in industrial, agricultural, technical,
artistic and service activities is recognized as playing an
important role in the formation of our people?s communist
awareness.
Every worker has the duty to faithfully carry
tasks corresponding to him at his job.
ARTICLE 46. All those who work have the right to
rest, which is guaranteed by the eight-hour workday, a weekly
rest period and annual paid vacations.
The state contributes to the development of
vacation plans and facilities.
ARTICLE 47. By means of the Social Security
System the state assures adequate protection to every worker
who is unable to work because of age, illness or
disability.
If the worker dies this protection will be
extended to his family.
ARTICLE 48. The state protects, by means of
social assistance, senior citizens lacking financial resources
or anyone to take them in or care for them, and anyone who is
unable to work and has no relatives who can help them.
ARTICLE 49. The state guarantees the right to
protection, safety and hygiene on the job by means of the
adoption of adequate measures for the prevention of accidents
at work and occupational diseases.
Anyone 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 50. Everyone has the right to health
protection and care. The state guarantees this right;
- by providing free medical and hospital care by
means of the installations of the rural medical service
network, polyclinics, hospitals, preventative 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 51. Everyone has the right to education.
This right is guaranteed by the free and widespread system of
schools, semi-boarding and 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 opportunity to study in
keeping with their ability, social demands and the needs of
socioeconomic development.
Adults are also guaranteed this right; education
for them is free of charge and with the specific facilities
regulated by law, by means of the adult education program,
technical and vocational education, training courses in state
agencies and enterprises and the advanced courses for
workers.
ARTICLE 52. Everyone has the right to physical
education, sports and recreation.
Enjoyment of this right is assured 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 makes possible the practice of
sports and recreation on a mass basis.
ARTICLE 53. 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,
cinema, and other mass media are state or social property and
can never be private property. This assures their use at
exclusive service of the working people and in the interests
of society.
The law regulated the exercise of those
freedoms.
ARTICLE 54. 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, and they have the necessary
means for this. 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 55. The state, which recognizes,
respects and guarantees freedom of conscience and of religion,
also recognizes, respects and guarantees every citizen?s
freedom to change religious beliefs or to not have any, and to
profess, within the framework of respect for the law, the
religious belief of his preference.
The law regulates the state?s relations with
religious institutions.
ARTICLE 56. The home is inviolable. Nobody can
enter the home of another against his will, except in those
cases foreseen by law.
ARTICLE 57. 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.
The same principle is to be applied in the case
of cable, telegraph and telephone communications.
ARTICLE 58. Freedom and inviolability of persons
is assured to all those who live in the country.
Nobody can be arrested, except in the manner,
with the guarantees and in the cases indicated by law.
The persons who has been arrested or the
prisoner is inviolable in his personal integrity.
ARTICLE 59. Nobody can be tried or sentenced
except by the competent court by virtue of laws which existed
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 for the
violation will be punished as outlined by law.
ARTICLE 60. Confiscation of property is only
applied as a punishment by the authorities in the cases and by
the methods determined by law.
ARTICLE 61. Penal laws are retroactive when they
benefit the accused or person who has been sentenced. Other
laws are not retroactive unless the contrary is decided for
reasons of social interest or because it is useful for public
purposes.
ARTICLE 62. None of the freedoms which are
recognized for citizens can be exercised contrary to what is
established in the Constitution and by 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. Violations of this principle can be punished by
law.
ARTICLE 63. Every citizen has the right to file
complaints with and send petitions to the authorities and to
be given the pertinent response or attention within a
reasonable length of time, in keeping with the law.
ARTICLE 64. Every citizen has the duty of caring
for public and social property, observing work discipline,
respecting the rights of others, observing standards of
socialist living and fulfilling civic and social duties.
ARTICLE 65. Defense of the socialist homeland is
the greatest honor and the supreme duty of every Cuban
citizen.
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 66. Strict fulfillment of the
Constitution and the laws is an inexcusable duty of all.
CHAPTER VIII
STATE OF EMERGENCY
ARTICLE 67. In the case of or in the face of an
imminent natural disaster or catastrophe or any other
circumstance that because of its nature, proportion or
importance affects public order, the country?s security or the
state?s stability, the president of the Council of State may
declare a state of emergency in the entire national territory
or in part of it, and order the mobilization of the population
while it is in force.
The law regulates the manner in which the state
of emergency is declared, its effects and its termination. It
also determines the fundamental rights and duties recognized
in the Constitution, its exercise being regulated in a
different manner during the time the state of emergency is in
force.
CHAPTER IX
PRINCIPLES OF ORGANIZATION
AND FUNCTIONING OF STATE AGENCIES
ARTICLE 68. State agencies are set up carry out
their activity based on the principles of socialist democracy,
which are manifested in the following regulations:
a) all members or representative bodies of state
power are elected and subject to recall;
b) the masses control the activity of the state
agencies, the deputies, delegates and officials;
c) those elected must render an account of their
work and may be revoked at any time;
d) every state agency develops in a far-reaching
manner, within its jurisdiction, initiatives aimed at taking
advantage of the resources and possibilities which exist on a
local level and to include the mass and social organizations
in their work;
e) decisions of higher state bodies are
compulsory for inferior ones;
f) inferior state bodies are responsible to
higher ones and must render accounts of their work;
g) freedom of discussion, criticism and
self-criticism and sub-ordination of the minority to the
majority prevail in all collegiate state bodies.
CHAPTER X
HIGHER BODIES OF PEOPLE?S POWER
ARTICLE 69. The National Assembly of People?s
Power is the supreme body of state power and represents and
expresses the sovereign will of all the people.
ARTICLE 70. The National Assembly of People?s
Power is the only body in the Republic invested with
constituent and legislative authority.
ARTICLE 71. The National Assembly of People?s
Power is comprised of deputies elected by free, direct and
secret vote, in the proportion and according to the procedure
established by law.
ARTICLE 72. The National Assembly of People?s
Power is elected for a period of five years.
The period can only 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 73. The National Assembly of People?s
Power, on meeting for a new legislature, elects from among its
deputies its president, vice president and secretary. The law
regulates the manner and procedure in which the Assembly is
constituted and carries out this election.
ARTICLE 74. The National Assembly of People?s
Power elects, from among its deputies, the Council of State,
which consists of one president, one first vice president,
five vice presidents, one 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 is accountable for its
action to the National Assembly of People?s Power, to which it
must render accounts of all its activities.
ARTICLE 75. The National Assembly of People?s
Power is invested with the following powers:
a) deciding on reforms to the Constitution
according to that established inARTICLE 137;
b) approving, modifying and annulling laws after
consulting with the people when it is considered necessary in
view of the nature of the law in question;
c) deciding on the constitutionality of laws,
decree-laws, decrees and all other general provisions;
d) revoking in total or in part the decree-laws
issued by the Council of State;
e) discussing and approving the national plans
for economic and social development;
f) discussing and approving the state
budget;
g) approving the principles of the system for
planning and the management of the national economy;
h) approving the monetary and credit system;
i) approving the general outlines of foreign and
domestic policy;
j) declaring a state of war in the event of
military aggression and approving peace treaties;
k) establishing and modifying the
political-administrative division of the country pursuant to
that established inARTICLE 102;
l) electing the president, vice president and
secretary of the National Assembly;
m) electing the president, the first vice
president, the vice presidents, the secretary, and the other
members of the Council of State;
n) approving, at the initiative of the president
of the Council of State, the first vice president, the vice
presidents and the other members of the Council of
Ministers;
o) electing the president, vice presidents and
other judges of the People?s Supreme Court;
p) electing the attorney general and the deputy
attorney generals of the Republic;
q) appointing permanent and temporary
commissions;
r) revoking the election or appointment of those
persons elected or appointed by it;
s) exercising the highest supervision over state
and government bodies;
t) keeping informed and evaluating and adopting
pertinent decisions on the reports on the rendering of
accounts submitted by the Council of State, the Council of
Ministers, the People?s Supreme Court, the Office of the
Attorney General of the Republic and the Provincial Assemblies
of People?s Power.
u) revoking those provisions or decree-laws of
the Council of State and the decrees or resolutions of the
Council of Ministers which are contrary to the Constitution or
the law;
v) revoking or modifying those resolutions or
provisions of the local bodies of People?s Power which
encroach on the Constitution, the laws, the decree-laws, the
decrees and other provisions issued by a higher body, or those
which are detrimental to the interests of other localities or
the general interests of the nation;
w) granting amnesty;
x) calling for the holding of a referendum in
those cases provided by the Constitution and others which the
Assembly considers pertinent;
y) establishing its ruler and regulations;
z) all other powers invested by this
Constitution.
ARTICLE 76. All laws and resolutions of the
National Assembly or People?s Power, barring those in relation
to reforms in the Constitution, are adopted by a simple
majority vote.
ARTICLE 77. All laws approved by the National
Assembly of People?s Power go into effect on the date
determined by those laws in each case.
Laws, decree-laws, decrees and resolutions,
regulations and other general provisions of the national state
bodies are published in the Official Gazette of the
Republic.
ARTICLE 78. 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.
ARTICLE 79. More than half of the total number
of deputies must be present for a session of the National
Assembly of People?s Power to be held.
ARTICLE 80. All sessions of the National
Assembly of People?s Power are public, excepting when the
Assembly resolves to hold a closed-door session on the grounds
of state interest.
ARTICLE 81. The president of the National
Assembly of People?s Power is invested with the power to:
a) preside over the sessions of the National
Assembly and see to it that its regulations are put into
effect;
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 work of the
permanent and temporary commissions appointed by the National
Assembly;
g) attend the meeting of the Council of
State;
h) all other powers assigned to him by this
Constitution or the National Assembly of People?s Power.
ARTICLE 82. The status of deputy does not entail
personal privileges or economic benefits of any kind.
During the period in which they carry out their
activities, the deputies receive the same salary as in their
workplace and maintain their links with it, for all
purposes.
ARTICLE 83. No deputy to the National Assembly
of People?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.
ARTICLE 84. It is the duty of the deputies to
the National Assembly of People'? Power to exercises their
duties in benefit of the people'? interests, stay in contact
with their electors, listen to their problems, suggestions and
criticism, and explain the policy of the state. They will also
render account to them of the results of their activities, as
prescribed by law.
ARTICLE 85. The mandate of the deputies to the
National Assembly of People?s Power may be revoked at any
time, in the ways and for the causes prescribed by law.
ARTICLE 86. The deputies to the National
Assembly of People?s Power have the right to make inquiries to
the Council of State, the Council of Ministers or the members
of either and to have these inquiries answered during the
course of the same session or at the next session.
ARTICLE 87. It is the duty of all state bodies
and enterprises to provide all necessary cooperation to the
deputies in the discharge of their duties.
ARTICLE 88. The proposal of laws is the
responsibility of:
a) the deputies to the National of People?s
Power;
b) the Council of State;
c) the Council of Ministers;
d) the commissions of the National Assembly of
People?s Power;
e) 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 maters within its jurisdiction;
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 89. The Council of State is the body of
the National Assembly of People?s Power that represents it in
the period between sessions, puts its resolutions into effect
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 90. The Council of State is invested
with the power to:
a) summon special sessions of the National
Assembly of People?s Power;
b) set the date for the elections for the
periodic renovation of the National Assembly of People?s
Power;
c) issue decree-laws in the period between the
sessions of the National Assembly of People?s Power;
d) give existing laws a general and obligatory
interpretation whenever necessary;
e) exercise legislative initiative;
f) make all the necessary arrangements for the
holding of referendums called for by the National Assembly of
People?s Power;
g) decree a 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
approve peace treaties ? 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 others
states;
l) grant decorations and honorary titles;
m) name commissions;
n) grant pardons;
o) ratify or denounce international
treaties;
p) grant or refuse recognition to diplomatic
representatives of other states;
q) suspend those provisions 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 which run counter to the interests
of other localities or to the general interests of the
country, reporting on this action to the National Assembly of
People?s Power in the first session held following the
suspension agreed upon;
r) revoke those resolutions and provisions of
the local bodies of People?s Power which infringe the
Constitution, the laws, the decree-laws, the decrees and other
provisions issued by a higher body 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;
t) it is also invested with the other powers
conferred by the Constitution and laws or granted by the
National Assembly of People?s Power.
ARTICLE 91. All the decisions of the Council of
State are adopted by a simple majority vote of its
members.
ARTICLE 92. The mandate entrusted to the Council
of State by the National Assembly of People?s Power expires
when the new Council of State, elected by virtue of its
periodic renovation, takes power.
ARTICLE 93. The president of the Council of
State is head of government and is invested with the power
to:
a) represent the state and the government and
conduct their general policy;
b) organize and 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;
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 later, 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 the Council of State the
replacement of any of those members and, in both cases, to
proposes the corresponding substitutes;
g) receive the credentials of the heads of the
heads of foreign diplomatic missions. This responsibility may
be delegated to any of the vice presidents of the Council of
State;
h) assume the supreme command of all armed
institutions and determine their general organization;
i) preside over the National Defense
Council;
j) declare a state emergency in those cases
provided for in this Constitution, stating his decision, as
soon as the circumstances permit it, to the National Assembly
of People?s Power or to the Council of State if the Assembly
is unable to meet, according to legal effects;
k) sign decree-laws and other resolutions of the
Council of State and the legal provisions adopted by the
Council of Ministers or its Executive Committee, and arrange
for their publication in the Official Gazette of the
Republic;
l) assume all other duties assigned it by the
Constitution or by law.
ARTICLE 94. In cases of the absence, illness or
death of the president of the Council of State, the first vice
president assumes the president?s duties.
ARTICLE 95. The Council of Ministers is the
highest ranking executive and administrative body and
constitutes the government of the Republic.
The number, denomination and functions of the
ministries and central agencies making up the Council of
Ministers are determined by law.
ARTICLE 96. The Council of Ministers is composed
of the head of state and government, as its president, the
first vice president, the vice presidents, the ministers, the
secretary and the other members that the law determines.
ARTICLE 97. The president, first vice president,
vice presidents and other members of the Council of Ministers,
as determined by the president, make up the Executive
Committee.
In periods between the meetings of the Council
of Ministers, the Executive Committee can decide on matters
under the jurisdiction of the Council of Ministers.
ARTICLE 98. The Council of Ministers is invested
with the power to:
a) organize and conduct the political, economic,
cultural, scientific, social and defense activities outlined
by the National Assembly of People?s Power;
b) propose the draft general plans for the
socioeconomic development of the state and, after these are
approved by the National Assembly of People?s Power, organize,
conduct and supervise their implementation;
c) conduct the foreign policy of the Republic
and relations with other governments;
d) approve international treaties and submit
them to ratification by the Council of State;
e) direct and control foreign trade;
f) draw up the draft for the state budget and,
once it is approved by the National Assembly of People?s
Power, to 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;
i) see to national defense, the maintenance of
order and security at home, 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 and
unify, coordinate and supervise the activities of the agencies
of the central administration and local administrations;
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 regulations;
l) issue decrees and provisions on the basis of
and pursuant to the existing laws and supervise their
implementation;
m) revoke the decisions taken by those
administrations subordinated to the Provincial or Municipal
Assemblies of People?s Power, adopted according to the powers
delegated by the central state administration agencies, when
these are contrary to the instructions issued from a higher
level and whose fulfillment is compulsory;
n) propose to the Provincial and Municipal
Assemblies of People?s Power the revocation of those
provisions adopted during their specific activities by the
provincial and municipal administrations subordinated to them,
when these are contrary to the instructions approved by the
central state administration agencies, in the exercise of
their functions;
o) revoke those provisions issued by heads of
central state administration agencies when these are contrary
to the instructions issued from a higher level and whose
fulfillment is compulsory;
p) propose to the National Assembly of People?s
Power or to the Council of State the suspension of those
resolutions and provisions issued by the local assemblies of
People?s Power which infringe existing laws and other
provisions or are detrimental to the interests of other
communities or the general interests of the nation;
q) name the commissions it deems necessary to
facilitate the fulfillment of the tasks assigned to it;
r) appoint and remove officials in keeping with
the powers it is invested with by the law;
s) assume any duty assigned to it by the
National Assembly of People?s Power or the Council of
State.
The law regulates the organization and
functioning of the Council of Ministers.
ARTICLE 99. The Council of Ministers is
accountable to and periodically renders account of its
activities to the National Assembly of People?s Power.
ARTICLE 100. The members of the Council of
Ministers are invested with the power to:
a) conduct the affairs and tasks of the ministry
or agency under their care, issuing the necessary resolutions
and provisions to that effect;
b) dictate, in the event it is not the specific
duty of another state body, the necessary regulations to make
possible the implementation of those laws and decree-laws
which concern them;
c) attend the sessions of the Council of
Ministers, with the right to speak and vote, and submit to the
consideration of the Council whatever bill, decree-law,
decree, resolution or any other proposal they consider
advisable;
d) appoint, according to the law, the
corresponding officials;
e) they are also invested with any other power
with which the Constitution and laws invest them.
ARTICLE 101. The National Defense Council is
constituted and prepared during peacetime to lead the country
in conditions of a state of war, during a war, a general
mobilization or a state of emergency. The law regulates its
organization and activities.
CHAPTER XI
POLITICAL-ADMINISTRATIVE DIVISION
ARTICLE 102. For political-administrative
purposes the country is divided into provinces and
municipalities; their number, boundaries and names are
determined by law.
The law many also establish other divisions.
The province is the local society having, to all
legal effects, a juridical personality. It is politically
organized according to law to serve as an intermediate link
between the central and municipal governments, covering a
surface area equivalent to the municipalities within its
demarcation. It exercises the functions and fulfills the state
and administrative duties which are under its jurisdiction and
has the fundamental duty of promoting the economic and social
development of its territory, for which it coordinates and
controls the fulfillment of the policies, programs and plans
approved by the higher state bodies, with the support of its
municipalities and taking their interests into account.
The municipality is the local society having, to
all legal effects, a juridical personality. It is politically
organized according to law, covering a surface are that is
determined by the necessary economic and social relations of
its population, and with the capacity to meet the minimum
local needs.
The provinces and municipalities, in addition to
exercising their corresponding functions, contribute to the
realization of the state?s objectives.
CHAPTER XII
LOCAL BODIES OF PEOPLE?S POWER
ARTICLE 103. The Assemblies of People?s Power
set up in the political-administrative divisions into which
the country is divided are the higher local bodies of state
power. Therefore, they are invested with the highest authority
for the exercise of their state functions within their
respective boundaries. To this effect they govern in all that
is under their jurisdiction and the law.
They also aid in the development of activities
and the fulfillment of plans of those units in their territory
which are not subordinated to them, as prescribed by law.
The local administrations established by these
Assemblies direct the economic, production and service
entities locally subordinated to them, with the purpose of
meeting the needs for economic, health care, assistance,
educational, cultural, sports and recreational services of the
collective in the territory under the jurisdiction of
each.
For the exercise of their functions the local
Assemblies of People?s Power find support in the People?s
Councils and the initiative and broad participation of the
population and they act in close coordination with the social
and mass organizations.
ARTICLE 104. The People?s Councils are
constituted in cities, towns, neighborhoods and rural areas;
they are invested with the highest authority for carrying out
their functions; they represents the territory where they
carry out their functions and also represent the municipal,
provincial and national bodies of People?s Power.
They work actively for efficiency in the
development of production and service activities and for
meeting the needs for health care, economic, educational,
cultural and social activities of the population, promoting
the broadest participation of the population and the local
initiatives to resolve their problems.
They coordinate the work of the existing
entities in their field of action, promote cooperation among
them and control and supervise their activities.
The People?s Councils are made up of the
delegates elected in the districts, who must choose among
themselves their president. The representatives of mass
organizations and the most important institutions in the
territory may form part of the Councils.
The law regulates the organizations and
functions of the People?s Councils.
ARTICLE 105. In the limits of their
jurisdiction, the Provincial Assemblies of People?s Power are
invested with the power to:
a) obey and help to enforce the laws and other
general regulations adopted by the higher state bodies;
b) approve and control the execution of the
province?s income and spending budget and plan, according to
the policies agreed upon by the competent national
agencies;
c) elect or recall the president and vice
president of the Provincial Assembly;
d) designate or substitute the secretary of the
Assembly;
e) participate in the drawing up and supervision
of the state budget and technical-economic plan, corresponding
to the entities located in its territory and subordinated to
other bodies, as prescribed by law;
f) control and supervise the activities of the
provincial administration body with the help of its work
commissions;
g) designate or substitute the members of the
provincial administration body, at the proposal of its
president;
h) determine, according to the principles
established by the Council of Ministers, the organization,
functioning and tasks of the entities in charge of carrying
out the economic, production and services, educational, health
care, cultural, sports, protection of the environment and
recreational activities, which are subordinated to the
provincial administration body;
i) adopt agreements concerning administration
matters in its territory and which, according to law, do not
correspond to the general jurisdiction of the central state
administration or to that of the municipal bodies of state
power;
j) approve the creation and organization of the
People?s Councils at the proposal of the Municipal Assemblies
of People?s Power;
k) revoke, in the framework of its jurisdiction,
the decisions adopted by the provincial administration body or
propose their revocation to the Council of Ministers when
these decisions have been adopted while acting according to
the faculties entrusted to them by the central state
administration agencies;
l) study and evaluate the rendering of accounts
reports presented by their administration body and the
Assemblies of People?s Power which are their subordinates, and
adopt the pertinent decisions regarding those reports;
m) set up or dissolve work commissions;
n) attend to all that relevant to the
application of the policy on cadres drawn up by the higher
state bodies;
o) strengthen legality, public order and the
country?s defense capacity;
p) assume any other duty assigned by the
Constitution and by law.
ARTICLE 106. In the limits of their
jurisdiction, the Municipal Assemblies of People?s power are
invested with the power to:
a) obey and help to enforce the laws and other
general regulations adopted by the higher state bodies;
b) elect or recall the president and vice
president of the Assembly;
c) designate or substitute the secretary of the
Assembly;
d) supervise and control the entities
subordinated to the municipal body, with the support of the
work commissions;
e) revoke or modify the resolutions and measures
of the bodies or authorities subordinated to them which are
contrary to the Constitution or the laws, decrees-laws,
decrees, resolutions enacted by the higher state bodies or
those which affect the interest of the community, of other
territories or the general interests of the country, or
propose their revocation to the Council of Ministers when they
have been adopted while acting according to the faculties
entrusted to them by the central state administration
agencies;
f) adopt agreements and enact measures in the
framework of the Constitution and the laws in force, on
matters of municipal interest, and control their
application;
g) designate or substitute the members of its
administration body on the proposal of its president;
h) determine, according to the principles
established by the Council of Ministers, the organization,
functioning and tasks of the entities in charge of carrying
out economic, production and services, and health care
activities, and others such as assistance, educational,
cultural, sports, protection of the environment and
recreational activities which are subordinated to its
administration body;
i) propose the creation and organization of the
People?s Councils, as established by law;
j) constitute or dissolve work commissions;
k) approve the municipality?s socioeconomic plan
and budget, following the policy drawn up for this by the
competent agencies of the central state administration, and
control their execution;
l) help in the development of activities and the
fulfillment of production and service plans of the entities
located in their territory which are not subordinated to them,
for which they can draw support from their work commissions
and administration body;
m) study and evaluate the rendering of accounts
reports presented by their administration body and adopt the
pertinent decisions thereof;
n) attend to all that having to do with the
application of the policy on cadres drawn up by the higher
state bodies:
o) strengthen legality, public order and the
country?s defense capacity;
p) carry out any other functions assigned by the
Constitution and by law.
ARTICLE 107. The regular and special sessions of
the local Assemblies of People?s Power are public, except in
cases when it is agreed to hold them behind closed doors for
reasons of state or when matters referring to the decorum of
persons are involved.
ARTICLE 108. In order for agreements of the
local Assemblies of People?s Power to be valid, more than half
of the total number of members must be present. Agreements are
adopted by simple majority.
ARTICLE 109. The entities organized to meet
local needs with the aim of fulfilling their specific
objectives, are ruled by laws, decree-laws and decrees; by
agreements adopted by the Council of Ministers; by regulations
issued by the heads of central state administration agencies
on matters under their jurisdiction which are of general
interest and that require being regulated on a national level;
and by agreements adopted by the local bodies to which they
are subordinated.
ARTICLE 110. The permanent work commissions are
constituted by the Provincial and Municipal Assemblies of
People's Power to meet the specific interests of their
localities, in order to help them carry out their activities
and especially to control and supervise the locally
subordinated entities and others corresponding to further
levels of subordination which are located in their
territory.
Temporary commissions fulfill specific tasks
assigned within the time limits indicated.
ARTICLE 111. The Provincial Assemblies of
People?s Power are renovated every five years, which is the
delegates? tern of office.
The Municipal Assemblies of People?s Power are
renovated every two and a half years, which is the delegates?
tern of office.
These terns may only be extended by decision of
the National Assembly of People?s Power, in the cases
mentioned inARTICLE 72.
ARTICLE 112. The tern of the delegated to local
Assemblies may be revoked at any time. The law prescribes the
manner, the cases and the methods in which they may be
revoked.
ARTICLE 113. The delegates fulfill the mandate
of their electors, in the interest of all the community, for
which they must coordinate their functions as such with their
usual responsibilities and tasks. The law regulates the manner
in which these functions are carried out.
ARTICLE 114. The delegates to the Municipal
Assemblies of People?s Power have the rights and duties
conferred by the Constitution and by law and they are
especially obliged to:
a) make the opinions, needs and problems
expressed by their electors known to the Assembly and to the
local administration;
b) report to their electors on the policies of
the Assembly and the measures adopted to resolve the problems
posed by the population or outline the reason why they have
not been resolved;
c) render account of their activities on a
regular basis to their electors, and report to the Assembly or
to the commission they belong to on the fulfillment of the
tasks assigned to them when they are asked to do so.
ARTICLE 115. The delegates to the Provincial
Assemblies of People?s Power have the duty to carry out their
activities for the benefit of the collective and report on the
measures taken by them on a personal basis, according to the
procedure established by law.
ARTICLE 116. The Provincial and Municipal
Assemblies of People?s Power elect their president and vice
president from among their delegates.
ARTICLE 117. The president of the Provincial and
Municipal Assemblies of People?s Power are also the presidents
of their respective administration bodies and represent the
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