Malcolm Rivera
Cuba has had several constitutions since winning its independence from Spain. The first constitution since the Cuban Revolution was drafted in 1976 and has since been amended. The current constitution was enacted in 2019 after Cuba engaged in a major revision of its constitution in 2018. The 1940 Constitution of Cuba was implemented during the presidency of Fulgencio Batista on 10 October 1940. The Constitution of 1812 was revived for a short period when Félix Varela represented Cuba in the Cortes Generales of Spain in 1821.
| Characteristics | Values |
|---|---|
| Date of the current constitution | 2019 |
| Previous constitutions | 1812, 1869, 1878, 1895, 1897, 1901, 1940, 1976 |
| 2002 (revision) |
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What You'll Learn
Cuba's 1940 Constitution
The 1940 Constitution of Cuba had 286 articles in 19 sections. A Constitutional Assembly was elected in November 1939 to write the new constitution, and it debated publicly for six months before adopting the constitution at the Capitol in Havana. The final product was considered enlightened and progressive, reflecting a serious consideration of Cuba's experience and problems.
The 1940 Constitution ratified the authority and independence of the judiciary, with the judicial branch remaining autonomous and empowered to nominate judges and magistrates. It also introduced the notion of collective rights and confirmed individual rights and privileges, including private property rights. The separation between the three branches of government was maintained, with some distinctions: the role of the prime minister was introduced, and the executive branch was converted to a semi-parliamentary form.
Fidel Castro's manifesto "History Will Absolve Me," declared the restoration of the 1940 Constitution as one of the principal aims of his revolutionary movement. However, it wasn't until 1976 that a new constitution was adopted, which defined Cuba as a one-party state under the Communist Party. The 1976 Constitution also replaced the office of Prime Minister with the executive office of the president.
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The 1976 Constitution
In 2002, the 1976 Constitution underwent a revision. This revised version recognized private property and promoted foreign investment as fundamental to economic development. It also limited the term of the president to two consecutive five-year terms and required the president to be under sixty years of age.
In 2018, Cuba engaged in a significant revision of its constitution, with the new version being enacted in 2019. This process involved a high degree of citizen participation, with Cubans invited to suggest changes to the draft during a three-month period.
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The 2002 Constitution revision
Cuba's 2002 Constitution revision was a significant update to the country's 1976 Constitution, marking a crucial step in the nation's ongoing political, social, and economic evolution. This revision process reflected the larger national conversation among Cuba's political elites about the pace and scope of reforms. The 2002 revision built upon the foundations laid by the 1976 Constitution, which had established a socialist and social revolutionary political system, positioning Cuba firmly on the path toward communism.
The 2002 revision reaffirmed Cuba's commitment to socialism and its irrevocable break with capitalism. It recognised the Communist Party of Cuba as the superior leading force in society and the state, guiding the country toward the construction of socialism and the advancement of a communist society. This revision also emphasised the country's history of resistance to imperialism and its struggle for independence, people's rights, and social progress.
In terms of specific changes, the 2002 revision introduced notable overhauls. It recognised private property and promoted foreign investment as pivotal to economic development, marking a significant shift in Cuba's economic policies. Additionally, it limited the term of the president, who is selected by the National Assembly, to two consecutive five-year terms, with an age limit of 60 years at the time of election.
The revision process itself was noteworthy for its level of citizen engagement. Following the approval of the first draft by the National Assembly in July 2018, Cubans were invited to propose changes during a three-month consultation period. This phase witnessed an impressive level of participation, with over 8 million people contributing to nearly 112,000 debates across workplaces, schools, and community centres. The final constitution was then put to a vote in February 2020, with an impressive 84% voter turnout and 87% of votes in favour, indicating broad support for the changes.
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The 2018 Constitution revision
Cuba's 2018 Constitution revision was a significant step in the country's gradual process of reform, making notable changes to its political, social, and economic order. The revision process began in June 2018 with the formation of a drafting commission comprising senior government and Communist Party officials, heads of National Assembly committees, and academic and technical advisors. The first draft was approved by the National Assembly in July 2018, followed by a three-month period where Cubans were invited to suggest changes. This period saw high levels of citizen participation, with over 8 million people engaging in debates and proposing modifications.
While the 2018 Constitution revision did not bring about radical transformations, it indicated the government's commitment to continuing the gradual process of reform. The changes reflected and advanced economic reforms, strengthened citizen protections, and increased transparency in the political process. The degree of citizen participation in the revision process was noteworthy, with the government responding to some of the feedback received.
On February 24, Cubans voted on the ratification of the new constitution, with a voter turnout of 84%, slightly higher than the previous election cycle in April 2018. The referendum resulted in 87% of votes in favour of the new constitution, suggesting that Cubans viewed it as a positive step despite any misgivings. The process by which the new constitution was developed, with citizen involvement and government responsiveness, was a significant aspect of the 2018 revision.
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The 2019 Constitution
Cuba's current constitution was enacted in 2019, following a major revision of the previous constitution, which was drafted in 1976. The 2019 Constitution makes significant changes to the country's political, social, and economic order. It is the result of a process of constitutional reform that began in 2013 and reflects a larger national conversation about the pace and depth of political and economic reform in Cuba.
The first draft of the 2019 Constitution was approved by the National Assembly in July 2018. This was followed by a three-month period of public consultation, during which Cubans were invited to suggest changes to the proposed draft. According to official numbers, more than 8 million people participated in nearly 112,000 debates and suggested a large number of proposed modifications. The final version of the constitution was put to a referendum on February 24, 2019, with a voter turnout of 84 percent and 87 percent of votes in favor.
While some had hoped for more radical changes, the 2019 Constitution nonetheless represents a significant step forward in advancing the process of economic reform, strengthening citizen protections, and making the political process more transparent. It retains language that proclaims the Communist Party's guiding role in Cuban society and socialism as being irreversible.
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Frequently asked questions
The first Cuban constitution was written in 1869. It was known as the Guáimaro Constitution and was in effect from 1869 to 1878 during the Ten Years' War against Spain.
Cuba has had several constitutions proposed or adopted by insurgents during their war against Spain. Since gaining independence, Cuba has had at least four constitutions: in 1901, 1940, 1976, and 2019.
The 1940 Constitution of Cuba was widely considered one of the most progressive constitutions of its time. It provided for land reform, public education, a minimum wage, and other social programs. It also substantiated voting as a right and obligation of the people, and confirmed individual rights and privileges, including private property rights.
The 1976 Constitution of Cuba defined the country as a one-party state under the Communist Party of Cuba and replaced the office of Prime Minister with an executive president. It also established socialism as an irrevocable part of the Cuban system, with the Communist Party guiding the country towards the construction of a communist society.
