Omar Bennett
Cuba has had several constitutions since winning its independence from Spain. The first constitution was drafted in 1901 and reflected the hegemonic role the United States played in Cuban affairs. The second, drafted in 1940, was a thorough reworking of the first and reflected the strong sense of nationalism and liberalism that had emerged in Cuban society. The third constitution was approved in 1976, seventeen years after Fidel Castro's forces entered Havana. This constitution was amended in 1992 to remove limitations on foreign investment and grant foreign corporations the right to own property on the island. In 2002, it was amended again to stipulate that the socialistic system was permanent and irrevocable. The latest amendment occurred in 2019, when a new constitution was approved by 90.15% of voters, with a turnout of 84%.
| Characteristics | Values |
|---|---|
| Number of Constitutions since independence | 3 |
| First Constitution | 1901 |
| Second Constitution | 1940 |
| Third Constitution | 1976 |
| First Constitution after Cuban Revolution | 1976 |
| Amendments to the 1976 Constitution | 1992, 2002, 2019 |
| Year of latest Constitution | 2019 |
| Referendum vote | 86.85% |
| Voter turnout | 84% |
| Number of debates during the amendment process | 112,000 |
| Number of participants in debates | 8 million |
Explore related products
What You'll Learn
The 1976 Constitution
The Cuban Constitution of 1976 was the first constitution since the Cuban Revolution. It was drafted and approved by referendum on 15 February 1976, with an impressive 99.02% voter approval and a 98% turnout. The constitution ordained a presidency and a bicameral congress, both with a four-year tenure and a ban on direct re-elections to the office of president. Executive power was shared with a new, separate office of Prime Minister, to be nominated by the president.
However, by the 2010s, the government's vision for the economy had shifted significantly. In 2011, reform guidelines indicated a move towards a mixed economy, including both private and state-run sectors, and a more prominent role for foreign investment. This shift was reflected in the 2018 revision of the 1976 Constitution, which recognized private property and promoted foreign investment as fundamental to economic development.
In 2018, Cuba embarked on a major revision of its constitution, resulting in the adoption of a new constitution in 2019. This process involved significant citizen participation, with Cubans invited to suggest changes to the draft. The final version, while not as transformative as some had hoped, included noteworthy changes. These included recognizing private property, promoting foreign investment, limiting the president's term, and strengthening the authority of local governments.
Constitutional Amendment: Pakistan's 26th Amendment Explained
You may want to see also
Amendments in 1992
Cuba has had several constitutions since winning its independence from Spain. The first constitution since the Cuban Revolution was drafted in 1976 and has been amended several times since.
The dissolution of the Soviet Union and the Eastern Bloc had a profound impact on Cuba, plunging the country into an era of economic crisis known as the "Special Period in Time of Peace." To address this crisis, the Cuban government amended its constitution in 1992 to implement several significant changes.
One key amendment was the removal of limitations on foreign investment, which aimed to attract much-needed foreign capital into the country. This amendment also granted foreign corporations a limited right to own property on the island if they established joint ventures with the Cuban government. This represented a shift in Cuba's economic policy, recognizing the importance of foreign investment in stimulating economic growth and development.
Another notable amendment established Cuba as a secular state rather than an atheist state. This amendment had far-reaching implications for religious freedom and observance in Cuba. It prompted an increase in local participation in religious activities, as well as more social service work by sectarian international charities. The amendment also led to public recognition of religious pluralism, indicating a more inclusive approach to religion in Cuban society.
These amendments demonstrated the Cuban government's willingness to adapt to changing circumstances and engage with the global economy, while also recognizing the importance of religious freedom and pluralism in their society. They represented a significant shift in policy, reflecting the country's commitment to economic reform and a more open and inclusive social environment.
Prohibition's Constitutional Roots: Why an Amendment?
You may want to see also
Amendments in 2002
Cuba has had several constitutions since winning its independence. The first constitution since the Cuban Revolution was drafted in 1976 and has been amended several times since.
In 2002, the Cuban constitution of 1976 was amended to stipulate that the socialist system was permanent and irrevocable. This was in response to the exigencies and threats posed by the imperialist government of the United States. The Cuban people expressed their unconditional support for the amendments to the Constitution, which were proposed by an Extraordinary Assembly of all the mass organizations.
The 2002 amendments also included provisions for the protection of the environment and natural resources of the country. It was recognized that sustainable economic and social development is closely linked to the protection of the environment and natural resources. It was made the duty of citizens to contribute to the protection of water and the atmosphere and the conservation of natural resources.
Additionally, the 2002 amendments clarified that none of the freedoms recognized for citizens could be exercised contrary to the existence and objectives of the socialist state. This included the decision of the Cuban people to build socialism and communism. Violations of this principle could be punished by law.
The 2002 amendments also established that penal laws are retroactive when they benefit the accused or sentenced individuals. However, other laws are not retroactive unless decided otherwise for reasons of social interest or public purposes. Furthermore, the amendments affirmed that sovereignty resides in the people of Cuba and that all power of the state emanates from them. Citizens were also granted the right to file complaints and send petitions to the authorities, with the expectation of a pertinent response within a reasonable time frame.
The 10th Amendment: Power and Balance in the Constitution
You may want to see also
Explore related products
The 2018-2019 revisions
Cuba has had several constitutions since winning its independence from Spain. The first constitution since the Cuban Revolution, drafted in 1976, was amended in 1992 and 2002. In 2018, Cuba embarked on a significant revision of its constitution, which was enacted in 2019.
Following the National Assembly's approval, a three-month period of popular consultation was held from August to November 2018. During this time, Cubans were invited to suggest changes and provide input on the proposed draft. This process included Cubans both on the island and abroad, with Cuban exiles invited to take part in meetings and Cuban expats allowed to submit proposed changes. In total, more than 8 million people participated in nearly 112,000 debates and made around 9,600 proposals, many of which were incorporated into the final draft.
The final draft of the constitution was presented to the Cuban electorate on 24 February 2019, and a referendum was held to pass the new constitution. The referendum was approved by 86.85-90.15% of voters, with a turnout of 84%. The new constitution came into force on 10 April 2019, after being proclaimed by the National Assembly and published in the Official Gazette of the Republic.
Amendment History: The 14th Amendment Enacted in 1868
You may want to see also
Citizen participation
Cuba has had several constitutions since winning its independence. The first constitution since the Cuban Revolution was drafted in 1976 and has been amended several times since. The most recent constitution came into force in 2019.
The process of revising the Cuban constitution has been described as "both gradual and complicated". However, the changes in the new constitution are significant, reflecting and advancing the process of economic reform, strengthening citizen protections, and making the political process more transparent. The degree of citizen participation in the creation of the new constitution has also been noted as noteworthy.
In June 2018, a drafting commission began working on the new constitution. The first draft was approved by the National Assembly in July 2018. For a subsequent three-month period, Cubans were invited to suggest changes to the proposed draft. More than 8 million people participated in nearly 112,000 debates in workplaces, schools, and community centers, and suggested a large number of proposed modifications to the constitution draft. For the first time, Cuban expats were allowed to submit proposed changes, although they were not allowed to vote in the referendum unless they returned to Cuba.
The consultation process constituted a significant exercise in citizen participation. While officials were not required to make changes based on citizen feedback, there were some cases in which they did. One well-known example was the same-sex marriage provision: a draft of the constitution originally included language that defined marriage as a consensual union between two people, without specifying genders. This attracted significant pushback from evangelical churches and some sectors of the Cuban Catholic Church, who organized a campaign to get the provision withdrawn. Many Cubans supported this campaign and made their objections known by disseminating posters, stickers, and t-shirts, threatening to vote “no” in a constitutional referendum. Around 179,000 people signed a petition, backed by evangelical churches, calling on the government to withdraw the provision.
The new constitution includes several major changes to Cuba’s traditional economic and political model. It recognizes private property and promotes foreign investment as fundamental to the development of the economy. It also limits the term of the president to two consecutive five-year terms and requires that the president be under sixty when they are elected. The new constitution also includes language that proclaims the Communist Party’s guiding role in Cuban society and socialism as being irreversible.
Understanding Constitutional Amendment Elections
You may want to see also
Frequently asked questions
Cuba has had several constitutions since winning its independence from Spain. The country has had at least three constitutions since then, with the latest one being enacted in 2019. The Cuban Constitution has been amended multiple times, with significant changes made in 1992, 2002, and 2018-2019.
In 1992, the Cuban Constitution was amended to remove limitations on foreign investment and grant foreign corporations the right to own property on the island through joint ventures with the government. Additionally, the amendment established Cuba as a secular state, allowing for greater religious freedom and participation.
The 2002 amendment to the Cuban Constitution stipulated that the country's socialistic system was permanent and irrevocable. This amendment was a response to the dissolution of the Soviet Union and the economic crisis that Cuba faced during that period.
The process began in June 2018 when a drafting commission started working on the new constitution. The first draft was approved by the National Assembly in July 2018, and Cubans were invited to suggest changes during a three-month consultation period. After considering amendments, a referendum was held on February 24, 2019, and the new constitution was approved by 86.85% of voters.
The 2018-2019 amendments to the Cuban Constitution included recognizing private property, promoting foreign investment, and limiting the term of the president to two consecutive five-year terms. The new constitution also emphasized building a communist society and strengthening citizen protections, making it a significant step forward for Cuba's economy, political system, and decision-making process.
![Translation of the Law of criminal procedure for Cuba and Porto Rico (with Spanish text) with annotations explanatory notes and amendments made since the American occupation. War Depar [Leather Bound]](https://m.media-amazon.com/images/I/416JPiaex-L._AC_UY218_.jpg)
