Omar Bennett
On February 24, 2019, Cuba held a referendum on a new constitution, which was approved with 90.61% of valid votes cast in favour. The referendum recognised private property and foreign direct investment, removed obstacles to same-sex marriage, banned discrimination based on gender, race, ethnic origin, sexual orientation, gender identity, or disability, and introduced presidential term and age limits. While some critics characterise the referendum as a mere pretext for the regime's one-party dictatorship, others view it as a positive step towards economic reform, strengthening citizen protections, and increasing transparency in the political process.
| Characteristics | Values |
|---|---|
| Date | 24 February 2019 |
| Voter Turnout | 81% of 8.7 million electorate |
| Result | 90.6% in favour |
| New Constitution Came into Force | 10 April 2019 |
| Recognition of Private Property | Yes |
| Recognition of Foreign Investment | Yes |
| Recognition of Small Businesses | Yes |
| Recognition of Gender Identity | Yes |
| Recognition of the Internet | Yes |
| Right to Legal Representation upon Arrest | Yes |
| Habeas Corpus | Yes |
| Presidential Term Limits | Yes |
| Political Reforms | Yes |
| Same-Sex Marriage | No explicit mention, left to be decided by the National Assembly |
| Government's Response to Citizen Feedback | Mixed |
| Observers' Comments | "Illegitimate", "an exercise in political theater and repression of public debate", "an important step forward" |
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What You'll Learn
The referendum recognised private property and foreign investment
On 24 February 2019, a referendum was held in Cuba on a new constitution to replace the previous one from 1976. The referendum recognised private property and foreign investment, among other significant changes.
The recognition of private property and foreign investment in the new constitution reflected the gradual opening of Cuba since the fall of the Soviet Union. This shift in policy signalled a move towards modest economic reforms while maintaining the one-party socialist system. The inclusion of these provisions in the constitution was intended to attract foreign investment and stimulate economic growth.
The referendum also addressed other economic and social issues. For example, it removed obstacles to same-sex marriage and banned discrimination based on gender, race, ethnic origin, sexual orientation, gender identity, and disability. Additionally, it introduced habeas corpus and restored the presumption of innocence in the justice system.
While the referendum brought about important changes, some critics argued that it fell short of bringing about democratic reform and guaranteeing fundamental freedoms for Cuban citizens. There were also concerns about the repression of public debate and the harassment of observers and peaceful protesters during the referendum process.
The new constitution was approved by a significant majority, with 90.61% of valid votes cast in favour. It came into force on 10 April 2019, marking a pivotal moment in Cuba's ongoing process of economic reform and gradual political evolution.
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It removed obstacles to same-sex marriage
On 24 February 2019, a referendum was held in Cuba on a new constitution to replace the previous one from 1976. The referendum resulted in the removal of obstacles to same-sex marriage, among other changes.
The new constitution was approved, with 90.61% of valid votes cast in favour. While it retained language proclaiming the Communist Party's guiding role in Cuban society and affirming socialism as irreversible, it also included significant changes to the country's traditional economic and political model.
The original draft of the new constitution included language that defined marriage as a "consensual union between two people", without specifying genders. This provision attracted significant opposition from evangelical churches and sectors of the Cuban Catholic Church, who launched a campaign to have it withdrawn. Despite this, the government responded to citizen feedback and withdrew the proposed language on marriage from the final draft. As a result, the issue of same-sex marriage was left to be addressed separately in the Cuban Family Code.
The removal of obstacles to same-sex marriage in the 2019 Cuban constitutional referendum was a significant step towards increasing civil liberties and making the political process more transparent. It reflected the gradual opening of Cuba since the fall of the Soviet Union and the government's gradual process of reform. However, some critics argued that the referendum did not go far enough to guarantee fundamental freedoms and democratic reform.
In 2022, Cuba held a referendum on amendments to the Family Code of the Cuban Constitution, which included legal recognition of same-sex marriage, adoption, and altruistic surrogacy. This referendum further solidified the rights of the LGBTQ+ community in Cuba, demonstrating the country's commitment to progressive family policies and the protection of the rights of its citizens.
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The Communist Party's role was affirmed
The referendum on Cuba's new constitution was held on 24 February 2019, with 90.6% of votes cast in favour. The new constitution came into force on 10 April 2019. While the document introduced several major changes to Cuba's traditional economic and political model, it also retained language that affirmed the Communist Party's guiding role in Cuban society.
The new constitution recognised private property and foreign direct investment, removed obstacles to same-sex marriage, and banned discrimination based on gender, race, ethnic origin, sexual orientation, gender identity, or disability. It also introduced habeas corpus and restored the presumption of innocence in the justice system. Additionally, it set presidential term and age limits as checks on government power.
Despite these reforms, the Communist Party's role as the only legal political party in Cuba remained unchanged. The new constitution decreed the socialist system "irrevocable", blocking the possibility of economic reform. The referendum was criticised by some as a means for the regime to strengthen its grip on power and perpetuate its one-party dictatorship.
The drafting process for the new constitution involved a relatively inclusive citizen consultation process, which resulted in changes to the final document. This indicated a continuation of the Cuban government's gradual process of reform. However, critics argued that the referendum was marked by carefully managed political theatre and repression of public debate, with Cuban authorities harassing and detaining observers and peaceful protestors.
Overall, while the Communist Party's role was affirmed in the new constitution, the document also introduced significant changes to Cuba's economic and political model, reflecting a gradual opening of the country since the fall of the Soviet Union.
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Presidential term and age limits were introduced
On February 24, 2019, Cuba held a referendum on a new constitution to replace the previous one from 1976. The referendum asked voters to decide on whether they approved of a new constitution that had been passed by the National Assembly of People's Power in July 2018. The new constitution was approved, with 90.61% of valid votes cast in favour.
The referendum brought about several major changes to Cuba's traditional economic and political model. One of the most notable changes was the introduction of presidential term and age limits, which served as checks on government power. This marked a significant shift in the country's political landscape, providing greater accountability and transparency in the political process.
The inclusion of presidential term limits aimed to prevent the concentration of power in a single individual and promote a more democratic system of governance. By limiting the duration of each term, there would be regular transitions of power, encouraging fresh ideas and perspectives in the country's leadership. This provision was designed to empower citizens by ensuring that their voices were heard and reflected in the governance of the country.
The introduction of age limits for the presidency was also a significant development, ensuring that the country's leadership remained energetic and responsive to the needs of its citizens. Age limits can help bring new talent and diverse perspectives into the political arena, fostering a more dynamic and representative government. This provision recognised the importance of intergenerational equity and the need for the country's leadership to reflect the diversity of its population.
The introduction of presidential term and age limits in Cuba's new constitution represented a significant step towards strengthening the country's democratic foundations and enhancing the participation of its citizens in the political process. These provisions served to distribute power more evenly and create a more responsive and accountable government. While the structure of Cuba's political system remained largely unchanged, these reforms contributed to increased civil liberties and a more open and inclusive political environment.
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The referendum was criticised for excluding political opposition
The referendum on Cuba's new constitution was held on 24 February 2019. It was criticised by some for excluding political opposition and for perpetuating the one-party dictatorship.
The referendum recognised private property and foreign direct investment, removed obstacles to same-sex marriage, and banned discrimination based on gender, race, ethnic origin, sexual orientation, gender identity, or disability. It also introduced habeas corpus and restored the presumption of innocence in the justice system.
Despite these reforms, the referendum was criticised by some for excluding political opposition. The General Secretariat of the Organization of American States (OAS), for example, considered the referendum "illegitimate" and believed it only served to "mask the dictatorship". The Cuban Observatory for Human Rights (OCDH) denounced the new constitution, stating that it "does not represent or respect the plurality of Cuban society".
Some Cuban citizens also felt that the referendum was a way for the government to strengthen its grip on power. Ariadna Mena from Cuba Decide believed that "the new constitution doesn’t represent the Cuban citizens, as it’s an imposed constitution that only caters to the regime’s own interests". Ailer Gonzalez from Estado de Sats echoed this sentiment, stating that the referendum was "just a new maneuver of the Castro regime trying to sell reformist makeup to the world".
In addition to criticism from international organisations and Cuban citizens, there were also reports of repression and harassment of peaceful protestors and observers by Cuban authorities. White House national security adviser John Bolton referred to the referendum as "another ploy of the Cuban regime to cover up its repression and tyranny".
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Frequently asked questions
The new constitution was approved in the referendum held on 24 February 2019, with 90.6% voting in favour.
The new constitution recognises private property and foreign direct investment, removes obstacles to same-sex marriage, bans discrimination based on gender, race, ethnic origin, sexual orientation, gender identity, or disability, and introduces habeas corpus and the restoration of a presumption of innocence in the justice system. It also restructures the government, adding a prime minister and setting term and age limits for the president.
While some observers noted an increase in civil liberties, others criticised the referendum as illegitimate, claiming it served to mask the dictatorship and did not represent the plurality of Cuban society. There were also reports of harassment and detention of observers and peaceful protestors.
There was a high voter turnout for the referendum, with 81% of the 8.7 million electorate casting their votes.
