Isabella Carter
Cuba's new constitution was approved by 87% of the country's voting population on 24 February 2019. The referendum was the culmination of an extensive process of public debate and popular participation, with Cubans demanding more economic opportunities outside state employment and greater political decision-making power. The new constitution indicates the government's gradual process of reform, retaining socialism as the ideology of the revolution while recognising several forms of property ownership, including socialist, cooperative, private, and mixed. It also restores the position of Prime Minister and establishes a required ratification of provincial governors by local municipal governments. While it doesn't make radical changes, the new constitution is a step towards transitioning Cuba to a mixed economy that preserves the benefits of the revolution while offering Cubans increased economic opportunities.
| Characteristics | Values |
|---|---|
| Date of referendum | 24 February 2019 |
| Voter turnout | 84% |
| Percentage of votes in favor | 86.85% or 87% |
| Percentage of votes against | 9% |
| Changes from previous constitution | Recognition of private property; recognition of foreign direct investment; restoration of the position of Prime Minister of Cuba; the transfer of head of the Council of State to the President of the National Assembly; the addition of the position of mayor to that of president of a municipal assembly; the creation of a required ratification of presidential-appointed Provincial Governors and Deputy Governors by local municipal governments; the creation of new Provincial Councils made up of members chosen by municipalities to replace the current system of provincial assemblies modelled after the National Assembly of People's Power |
| Other changes | The new constitution does not specifically recognize same-sex marriage, but still removes the constitutional obstacles to its recognition by specifically avoiding a definition of marriage; the new constitution also retains language that proclaims the Communist Party's guiding role in Cuban society and socialism as being irreversible |
| Other information | The popular consultation began on 13 August 2018 and concluded on 15 November 2018; the National Assembly of People's Power discussed and approved the first draft of the proposed new constitution on 21 July 2018; the National Assembly approved the amended constitution on 21 December 2018 |
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What You'll Learn
The 2019 Cuban constitutional referendum
On February 24, 2019, Cubans voted in a referendum to approve a new constitution. The new constitution was approved by 86.85% of voters, with an 84% voter turnout.
The 2019 referendum came about following a major revision of the constitution in 2018. The popular consultation process began on 13 August 2018, with 135,000 meetings held across the country, and concluded on 15 November 2018. On 21 December 2018, the amended constitution was approved by the Cuba National Assembly, setting the date for the referendum.
The new constitution made modest economic and social changes while maintaining the one-party socialist system. It recognised private property, foreign direct investment, small businesses, gender identity, the internet, and the right to legal representation upon arrest and habeas corpus. It also restructured the government, adding a prime minister and setting term limits for the president.
However, the new constitution was criticised for failing to guarantee fundamental freedoms and for entrenching Communism by affirming the Communist Party's role as the only legal political party and decreeing socialism as "irrevocable". There were also concerns that the referendum was not truly democratic, with reports of authorities harassing and detaining peaceful observers and protestors.
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Same-sex marriage
The new Cuban Constitution was approved by 86.85% of voters in a referendum on 24 February 2019. The new constitution does not explicitly recognise same-sex marriage, but it also does not contain a ban on it.
In September 2018, following conservative opposition to the proposal to legalise same-sex marriage, President Miguel Díaz-Canel announced his support for same-sex marriage. On 18 December 2018, a parliamentary commission removed the definition of marriage from the draft constitution. Instead, the commission chose to use gender-neutral language and define marriage as a "social and legal institution" without reference to the gender of the parties. This meant that the new constitution would not contain a ban on same-sex marriages, but also would not actively legalise same-sex unions.
In May 2019, the Cuban government announced plans to legalise same-sex marriage. A draft family code containing provisions allowing same-sex couples to marry and adopt was approved by the National Assembly of People's Power on 21 December 2021. The text was under public consultation until 6 June 2022 and was approved by the Assembly on 22 July 2022. The measure was approved by two-thirds of voters in a referendum held on 25 September 2022.
The 2022 Cuban Family Code referendum has been criticised by some LGBT activist groups as "a smokescreen for repression and human rights violations by the government", and as an attempt at "pinkwashing". They argued that the Parliament should have approved a law on same-sex marriage without a referendum "because human rights should not be subject to the majority's will".
However, the new code has also been described as "revolutionary", broadening the definition of a "family" beyond the traditional definition and providing protections to people who would have otherwise faced discrimination in society.
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Economic growth
On February 24, 2019, Cubans voted on the ratification of a new constitution, marking the first time in 43 years that the Cuban people had the opportunity to express their support or opposition to a proposal that significantly restructures aspects of the Cuban economy and political system. The new constitution was approved by 86.85% to 90.15% of voters, with a voter turnout of 84%.
Cuba's new constitution indicates the government's gradual process of reform and includes several major changes to the country's traditional economic and political model. The document recognises private property and promotes foreign investment as fundamental to economic development. It also restores the position of Prime Minister of Cuba and creates a required ratification of provincial governors by local municipal governments. The new constitution also seeks to maintain Cuba's one-party socialist system while instituting a major government reorganisation and paving the way for the recognition of private businesses and LGBT rights.
The referendum took place at a complicated time for Cuba, as economic growth had stalled in the previous year, and was projected to be no more than 1.5% in 2019. Cuban economists estimate that the country needs up to 3% annual growth to break even. The Cuban government has stated that it needs up to 7% annual growth to fully recover and develop from the collapse of its closest ally and main economic partner, Venezuela. In response to the economic situation, the government has implemented austerity measures, including cuts in energy and fuel to state companies and reduced imports of consumer goods.
The Cuban government has also attempted to make changes to its Soviet-style command economy, with the goal of creating a "prosperous and sustainable" form of socialism. However, since oil prices crashed in 2014, foreign currency revenues and oil supplies have steadily declined, forcing cuts in imports and energy use.
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Political system
Cuba's new constitution was approved by 86.85% of voters in a referendum held on 24 February 2019. The new constitution replaces the 1976 Constitution, which was drafted following the Cuban Revolution.
The 2019 Constitution does not make radical changes, but it does indicate the Cuban government's gradual process of reform is continuing. The document includes several major changes to Cuba's traditional economic and political model, including the recognition of different forms of property ownership, such as "socialist," "cooperative," "private," and "mixed."
The new constitution also restores the position of Prime Minister, who will be chosen by the president and elected by the National Assembly for a five-year term. The Prime Minister will serve as the head of the Council of Ministers and carry out the day-to-day functions of the government. Provincial administration will also change, with the appointment of governors who oversee provincial councils and city mayors heading municipal assemblies.
The drafting process for the new constitution involved a relatively inclusive citizen consultation process, with over 135,000 meetings held across Cuba. The first draft was made available to the entire Cuban population in 2018, and Cubans were able to make suggestions and proposals, many of which were incorporated into the final draft. This process marked important steps forward in Cuba's political system and decision-making process, indicating a change in the thinking of both the political leadership and the population.
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Popular consultation
Cuba's new constitution was approved by 87% of voters in a referendum held on 24 February 2019. This followed an extensive process of public debate and popular participation, including a popular consultation that began on 13 August 2018.
The popular consultation was a key part of the constitution-drafting process, allowing for citizen input and feedback. During this period, Cuban exiles were invited to take part in 135,000 meetings, run by 7,600 two-person teams who received specialised training. The first draft of the proposed constitution was made available to the entire Cuban population in 2018, and Cubans were able to make suggestions, propose modifications, and request clarifications. Over many months, the Cuban people submitted a total of 780 suggestions and 9,600 proposals, many of which were incorporated into the final draft.
The popular consultation concluded as scheduled on 15 November 2018. On 1 December 2018, the Granma Newspaper reported that the Cuban Parliament would vote on proposed amendments to the new Constitution on 21 December. The new constitution was then debated at the 8th Plenum of the Communist Party of Cuba's Central Committee on 12-13 December 2018. On 21 December 2018, the Cuba National Assembly approved the amended constitution, and it was then put to a referendum.
The 2019 Constitution is an aspirational document that seeks to move Cuba forward economically and socially while retaining socialism as the ideology of the revolution. It is a gradual process of reform, indicating the government's continuing commitment to change. While it does not make radical changes, it does introduce several major shifts to Cuba's traditional economic and political model. For example, it recognises different forms of property ownership, including "socialist," "cooperative," "private," and "mixed." It also restores the position of Prime Minister of Cuba, who will be chosen by the president and carry out the day-to-day functions of government.
The referendum on the new constitution was relatively open and inclusive, with voter turnout reaching 84%. While there were reports of harassment against some proponents of the "no" vote, overall, the process allowed for real debate and marked an important step forward in Cuba's political system and decision-making process.
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Frequently asked questions
The new Cuban Constitution was voted on in a referendum on 24 February 2019.
The new constitution was approved by 87% of voters, with a turnout of 84%.
The new Constitution made several changes to Cuba's traditional economic and political model, including the recognition of private property and foreign direct investment. It also restored the position of Prime Minister and established provincial councils.
Yes, there was some controversy surrounding the vote. The Cuban Observatory for Human Rights (OCDH) denounced the Constitution as being imposed by the Communist Party and not representing the plurality of Cuban society. There were also reports of harassment and violence against those who supported a “no” vote.
The international reaction to the new Constitution was mixed. While some saw it as a positive step towards reform and increased economic opportunities, others noted that it did not address issues such as Cuba's dual currency system and low economic growth.
