Cuban Constitution: The Amendment Explained

what amendment was added to the cuban constitution

The Cuban Constitution has been amended several times since the country gained independence from Spain. One notable amendment is the Platt Amendment, which was added to the 1901 Cuban Constitution and gave the United States significant influence over Cuba's affairs, essentially making it a US protectorate. The Platt Amendment was enacted as part of the Army Appropriations Act of 1901 and outlined the conditions for US intervention in Cuba, including the establishment of naval bases and the restriction of Cuba's foreign debt. While it faced initial resistance from the Cuban Assembly, it was eventually accepted under the threat of continued US occupation. The Platt Amendment was abrogated in 1934, but it remains a significant chapter in the complex history of US-Cuban relations. Other amendments to the Cuban Constitution include changes to foreign investment limitations, the establishment of a secular state, and the reinforcement of the irrevocable socialist system.

Characteristics Values
Amendment Name Platt Amendment
Year 1901
Amendment Author Senator Orville Hitchcock Platt of Connecticut
Amendment Authoriser President William McKinley
Amendment Objective Protect US interests in Cuba, including trade, investment, and strategic military positioning
Amendment Provisions Cuba ceded territory for US military and naval bases, granted the US the right to intervene in the island to preserve order, life, property, and liberty
Amendment Impact Made Cuba a US protectorate, limited Cuba's independence, restricted Cuba's foreign debt, and allowed US intervention in political matters
Amendment Abrogation 1934
Latest Constitution 2019

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The Platt Amendment

The Amendment was initially intended to maintain Cuban independence and turn the country into a "self-governing colony". However, it was seen by Cubans as an infringement of their sovereignty and a blow to the hopes of social advancement for Afro-Cubans. The Platt Amendment contributed to the erosion of individual rights for Cubans, with civil rights being extended only to literate, adult, male Cubans with property, excluding the Afro-Cuban population and women.

Most of the provisions of the Platt Amendment were repealed in 1934 as part of US President Franklin Roosevelt's "Good Neighbor policy" toward Latin America. The Amendment was officially eliminated from the Cuban constitution in 1940, although the lease of Guantanamo Bay to the United States has continued.

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US-Cuba relations

Cuba and the United States have had a long and complex relationship, with the US playing a significant role in shaping Cuba's political landscape and economy over the years. The US has also had a military presence in Cuba, which has been a source of tension and conflict between the two nations.

In 1898, the US declared war on Spain, which controlled Cuba at the time. The Spanish-American War ended in August, and Spain relinquished control of Cuba through the Treaty of Paris signed in December of that year. This marked the beginning of Cuba's first steps towards independence. During this time, the US occupied Cuba and played a role in establishing a school system, organising finances, and eliminating yellow fever on the island.

The Platt Amendment, enacted as part of the Army Appropriations Act of 1901, defined the relationship between the US and Cuba in the post-war period. It stipulated the conditions for US intervention in Cuban affairs, including the lease or purchase of lands for naval bases (most notably Guantánamo Bay) and coaling stations. The amendment was incorporated into the Cuban Constitution, with the Cuban Constitutional Assembly approving it in June 1901. The Platt Amendment contributed to the erosion of the individual rights of Cubans, particularly Afro-Cubans, who had made up nearly 40% of the Cuban fighting force against Spain.

The Teller Amendment, proposed by Senator Henry M. Teller in April 1898, stated that the US had no intention of establishing permanent control over Cuba and that the island's government and control would be left to its people once pacification was accomplished. However, the US continued to intervene in Cuban affairs and repeatedly occupied the country throughout the early 20th century, making it difficult for Cuba to establish legitimate constitutional rule.

Cuba gained independence from the US in 1902, with Tomás Estrada Palma becoming the country's first president. However, political instability and frequent American occupation continued to plague the country. In 1933, Cuban rebels overthrew the government of Gerardo Machado, leading to a request for US military intervention. Despite this, the new Cuban president, Ramón Grau, nullified the Platt Amendment, leading to a breakdown in diplomatic relations with the US.

In 1959, US investors' holdings in Cuba were valued at $900 million (equivalent to $7.2 billion in 2023), and US companies accounted for about 40% of sugar production on the island. As the Cuban government began nationalising property belonging to American citizens, tensions escalated, and the US imposed a partial trade embargo and eventually broke off diplomatic relations in 1960. The US also listed Cuba as a state sponsor of terrorism in 1982 due to its support for revolutionary movements in Latin America and Africa.

In recent years, there have been efforts to improve relations between the two countries. In 1977, the US and Cuba established limited diplomatic relations by opening interests sections in Washington and Havana. During the Obama administration, there was a landmark meeting between President Obama and Raul Castro in Havana, which was a significant step towards re-establishing ties. However, the Trump administration increased sanctions and reduced relations with Cuba, impacting businesses and families in both countries.

Cuba has also made changes to its constitution in recent years, with the most recent version being enacted in 2019 after a national referendum. The 2019 constitution reinserts language directing the country towards building a communist society.

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US intervention in Cuba

Cuba has had several constitutions since winning its independence from Spain. The first constitution as an independent state was enacted in 1901. This constitution incorporated the Platt Amendment, a piece of US legislation that defined the relationship between the US and Cuba following the Spanish-American War. The Platt Amendment stipulated the conditions for US military withdrawal from Cuba, including seven conditions that Cuba had to accept for the withdrawal of US troops. It also allowed the US to lease or buy lands for naval bases, such as Guantanamo Bay, and imposed other restrictions on Cuba's affairs. The Platt Amendment contributed to the erosion of individual rights in Cuba, particularly for Afro-Cubans, and was a blow to their hopes for social advancement after their participation in the Spanish-American War.

The Platt Amendment was repealed in 1934 as part of US President Franklin Roosevelt's "Good Neighbor policy" toward Latin America, and it was removed from the new Cuban constitution in 1940. However, the long-term lease of Guantanamo Bay to the US has continued. Despite gaining independence, the US repeatedly intervened militarily in Cuba in the following years, including during periods of political instability and to protect American economic interests. In 1912, for example, US forces were sent to suppress protests by Afro-Cubans against discrimination.

Cuba's constitution was amended in 1992 to remove limitations on foreign investment and to grant foreign corporations the right to own property on the island if they established joint ventures with the government. Another amendment established Cuba as a secular state, and in 2002, the constitution was amended to affirm the irrevocability of the socialistic system. The Cuban Communist Party drafted a new constitution in 2018, which was approved by the National Assembly and then by a referendum in 2019. This constitution reinserted language directing the country toward a communist society.

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Cuban independence

Cuba has had a long and tumultuous journey to independence, with several constitutions proposed and enacted during its fight for freedom from Spain. The first constitution of an independent Cuba was enacted in 1901, and it included the Platt Amendment, which outlined the relationship between the United States and Cuba following the Spanish-American War. This amendment, proposed by US Senator Orville Platt, was added to Cuba's constitution in 1901 and effectively made the country a US protectorate until 1934.

The Platt Amendment was a response to the US desire to maintain influence over Cuba and secure it from future European advances. It stipulated several conditions for the withdrawal of US troops, including that Cuba cede territory for American military and naval bases, such as Guantánamo Bay, and grant the US the right to intervene to protect its interests, maintain public order, and ensure sanitation. While the amendment was incorporated into the Cuban Constitution, it faced resistance and criticism, as it limited Cuba's independence and generated opposition both within Cuba and internationally.

The Teller Amendment, proposed by Senator Henry M. Teller in 1898, asserted that the US had no intention of establishing permanent control over Cuba and that the island's government and control would be left to its people once pacified. However, US troops remained in Cuba for several years after the war, influencing the country's political and social development. The Platt Amendment was a further extension of US influence, and its provisions were only repealed in 1934 with the negotiation of a new Cuban-American Treaty of Relations as part of President Franklin Roosevelt's "Good Neighbor policy" toward Latin America.

Cuba continued to revise its constitution over the years, with amendments in 1992 to encourage foreign investment and establish Cuba as a secular state. In 2002, another amendment emphasised the permanence of Cuba's socialistic system. The most recent significant changes to the Cuban Constitution occurred in 2018-2019, with a new constitution approved by voters in a referendum. This constitution, proclaimed on April 10, 2019, reinserted language directing the country toward building a communist society.

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The Teller Amendment

> "hereby disclaims any disposition of intention to exercise sovereignty, jurisdiction, or control over said island except for pacification thereof, and asserts its determination, when that is accomplished, to leave the government and control of the island to its people."

The amendment made it clear that the United States had no colonial ambitions and restricted the US military's presence in Cuba. It commanded that the government of Spain expel its land and naval forces from Cuba and its waters. The Teller Amendment also quelled any anxiety about annexation by stating that the US would not annex Cuba but would instead leave "control of the island to its people."

Frequently asked questions

The Platt Amendment was added to Cuba's 1901 Constitution.

The Platt Amendment was a piece of US legislation that defined the relationship between the US and Cuba following the Spanish-American War. It was proposed by US Senator Orville Platt and named after him.

The Platt Amendment had eight conditions, including that Cuba:

- Cede territory for US military and naval bases

- Not accrue foreign debt

- Not make treaties with foreign powers

- Allow the US to intervene to maintain public order and protect US interests

Cuba initially rejected the Platt Amendment but was forced to accept it under the threat of continued US occupation.

The Platt Amendment was repealed in 1934 with the negotiation of the Cuban-American Treaty of Relations. It was removed from the new Cuban Constitution in 1940.

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