Corbacho Daudinot v. Puig Valdes et al

Filing 1

COMPLAINT UNDER THE TORTURE VICTIM PROTECTION ACT against All Defendants. Filing fees $ 400.00 receipt number 113C-5898756, filed by MIGUEL ANGEL CORBACHO DAUDINOT. (Attachments: #1 Civil Cover Sheet, #2 Summon(s), #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Exhibit H, #11 Exhibit I, #12 Exhibit J, #13 Exhibit K, #14 Exhibit L, #15 Exhibit M, #16 Exhibit N, #17 Exhibit O, #18 Exhibit P, #19 Exhibit Q, #20 Exhibit R, #21 Exhibit S, #22 Exhibit T, #23 Exhibit U)(Gonzalez, Avelino)

Constitution of the Republic of Cuba 1992

1 of 44

http://www.cubanet.org/ref/dis/const_92_e.htm

Exhibit Q
CUBANET ...DOCUMENTS

Constitution of the Republic of Cuba, 1992

PREAMBLE
WE, CUBAN CITIZENS,
heirs and continuators of the creative work and the traditions of combativity,
firmness, heroism and sacrifice fostered by our
ancestors;
by the Indians who preferred extermination to submission;
by the slaves who rebelled against their masters;
by the patriots who in 1868 launched the wars of independence against Spanish
colonialism and those who in the last drive of 1895 brought them to victory in 1898,
a victory usurped by the military intervention and occupation of Yankee
imperialism;
by the workers, peasants, student and intellectuals who struggled for over fifty years
against imperialist domination, political corruption, the absence of people’s rights
and liberties, unemployment and exploitation by capitalists and landowners;
by those who promoted, joined and developed the first organizations of workers and
peasants, spread socialist ideas and founded the first Marxist and Marxist-Leninist
movements;
by the members of the vanguard of the generation of the centenary of the birth of
Martí who, imbued with his teachings, led us to the people’s revolutionary victory of
January;
by those who defended the Revolution at the cost of their lives, thus contributing to
its definitive consolidation;
by those who en masse carried out heroic internationalist missions;
GUIDED
by the ideas of José Martí and the political and social ideas of Marx, Engels and
Lenin;
BASING OURSELVES

8/9/2012 12:26 PM

Constitution of the Republic of Cuba 1992

2 of 44

http://www.cubanet.org/ref/dis/const_92_e.htm

on proletarian internationalism, on the fraternal friendship, aid, cooperation and
solidarity of the peoples of the world, especially those of Latin America and the
Caribbean;
AND HAVING DECIDED
to carry forward the triumphant Revolution of the Moncada and of the Granma of
the Sierra and of Girón under the leadership of Fidel Castro, which sustained by the
closest unity of all revolutionary forces and of the people won full national
independence, established revolutionary power, carried out democratic changes,
started the construction of socialism and, with the Communist Party at the forefront,
continues this construction with the final objective of building a communist society;
AWARE
that all the regimes based on the exploitation of man by man cause the humiliation
of the exploited and the degradation of the human nature of the exploiters;
that only under socialism and communism, when man has been freed from all forms
of exploitation – slavery, servitude and capitalism – can full dignity of the human
being be attained; and
that our Revolution uplifted the country and of Cubans;
WE DECLARE
our will that the law of laws of the Republic be guided by the following strong desire
of José Martí, at last achieved;
"I want the fundamental law of our republic to be the tribute of Cubans to the full
dignity of man";
AND ADOPT
by means of our free vote in a referendum, the following:
CONSTITUTION

CHAPTER I

POLITICAL, SOCIAL AND ECONOMIC
PRINCIPLES OF THE STATE

ARTICLE 1. Cuba is an independent and sovereign socialist state of workers,

8/9/2012 12:26 PM

Constitution of the Republic of Cuba 1992

3 of 44

http://www.cubanet.org/ref/dis/const_92_e.htm

organized with all and for the good of all as a united and democratic republic, for the
enjoyment of political freedom, social justice, individual and collective well-being
and human solidarity.
ARTICLE 2. The name of the Cuban state is Republic of Cuba, the official language
is Spanish and its capital city is Havana.
ARTICLE 3. In the Republic of Cuba sovereignty lies in the people, from whom
originates all the power of the state. That power is exercised directly or through the
assemblies of People’s Power and other state bodies which derive their authority
from these assemblies, in the form and according to the norms established in the
Constitution and by law.
When no other recourse is possible, all citizens have the right to struggle through all
means, including armed struggle, against anyone who tries to overthrow the political,
social and economic order established in this Constitution.
ARTICLE 4. The national symbols are those which, for over one hundred years,
have presided over the Cuban struggles for independence, the tights of the people
and social progress:
the lag of the lone star;
the anthem of Bayamo;
the coat of arms of the royal palm.
ARTICLE 5. The Communist Party of Cuba, a follower of Martí’s ideas and of
Marxism-Leninism, and the organized vanguard of the Cuban nation, is the highest
leading force of society and of the state, which organizes and guides the common
effort toward the goals of the construction of socialism and the progress toward a
communist society,
ARTICLE 6. The Young Communist League, the organization of Cuba’s vanguard
youth, has the recognition and encouragement of the state in its main duty of
promoting the active participation of young people in the tasks of building socialism
and adequately preparing the youth to be conscientious citizens capable of assuming
ever greater responsibilities for the benefit of our society.
ARTICLE 7. The Cuban socialist state recognizes and stimulates the social and mass
organizations, which arose from the historic process of struggles of our people.
These organizations gather in their midst the various sectors of the population,
represent specific interests of the same and incorporate them to the tasks of the
edification, consolidation and defense of the socialist society.
ARTICLE 8. The state recognizes, respects and guarantees freedom of religion.
In the Republic of Cuba, religious institutions are separate from the state.
The different beliefs and religions enjoy the same consideration.

8/9/2012 12:26 PM

Constitution of the Republic of Cuba 1992

4 of 44

http://www.cubanet.org/ref/dis/const_92_e.htm

ARTICLE 9. The state:
a) carries out the will of the working people and
- channels the efforts of the nation in the construction of socialism;
- maintains and defends the integrity and the sovereignty of the country;
- guarantees the liberty and the full dignity of man, the enjoyment of his rights, the
exercise and fulfillment of his duties and the integral development of his personality;
- consolidates the ideology and the rules of living together and of conduct proper of
a society free from the exploitation of man by man;
- protects the constructive work of the people and the property and riches of the
socialist nation;
- directs in a planned way the national economy;
- assures the educational, scientific, technical and cultural progress of the country;
b) as the power of the people and for the people, guarantees
- that every man or woman, who is able to work, have the opportunity to have a job
with which to contribute to the good of society and to the satisfaction of individual
needs;
- that no disabled person be left without adequate mean of subsistence;
- that no sick person be left without medical care;
- that no child be left without schooling, food and clothing;
- that no young person be left without the opportunity to study;
- that no one be left without access to studies, culture and sports;
c) works to achieve that no family be left without a comfortable place to live.
ARTICLE 10. All state bodies, their leaders, officials and employees function within
the limits of their respective competency and are under the obligation to strictly
observe socialist legality and to look after the respect of the same within the context
of the whole of society.
ARTICLE 11. The state exercises its sovereignty:
a) over the entire national territory, which consists of the island of Cuba, the Isle of
Youth and all other adjacent islands and keys; internal waters; the territorial waters
in the extension prescribed by law; and the air space corresponding to the above;
b) over the environment and natural resources of the country;

8/9/2012 12:26 PM

Constitution of the Republic of Cuba 1992

5 of 44

http://www.cubanet.org/ref/dis/const_92_e.htm

c) over mineral, plant and animal resources on and under the ocean floor and those
in waters comprised in the Republic’s maritime economic area, as prescribed by law,
in keeping with international practice.
The Republic of Cuba rejects and considers illegal and null all treaties, pacts and
concessions which were signed in conditions of inequality, or which disregard or
diminish its sovereignty and territorial integrity.
ARTICLE 12. The Republic of Cuba espouses the principles of anti-imperialism and
internationalism, and
a) ratifies its aspirations to a valid, true and dignified peace for all states, big or
small, weak or powerful, based on respect for the independence and sovereignty of
the peoples and the right to self-determination;
b) establishes its international relations based on the principles of equality of rights,
self-determination of the peoples, territorial integrity, independence of states,
international cooperation for mutual and equitable benefit and interest, peaceful
settlement of disputes on an equal footing and based on respect and the other
principles proclaimed in the United Nations Charter and in other international
treaties which Cuba is a party to;
c) reaffirms its desire for integration and cooperation with the countries of Latin
America and the Caribbean, whose common identity and historical need to advance
united on the road to economic and political integration for the attainment of true
independence would allow us to achieve our rightful place in the world;
d) advocates the unity of all Third World countries in the face of the neocolonialist
and imperialist policy which seeks to limit and subordinate the sovereignty of our
peoples, and worsen the economic conditions of exploitation and oppression of the
underdeveloped nations;
e) condemns imperialism, the promoter and supporter of all fascist, colonialist,
neocolonialist and racist manifestations, as the main force of aggression and of war,
and the worst enemy of the peoples;
f) repudiates direct or indirect intervention in the internal and external affairs of any
state and, therefore, also repudiates armed aggression, economic blockade, as well
as any other kind of economic or political coercion, physical violence against people
residing in other countries, or any other type of interference with or aggression
against the integrity of states and the political, economic and cultural elements of
nations;
g) rejects the violation of the inalienable and sovereign right of all states to regulate
the use and benefits of telecommunications in their territory, according to universal
practice and international agreements which they have signed;
h) considers wars of aggression and of conquest international crimes; recognizes the
legitimacy of the struggle for national liberation, as well as of armed resistance to
aggression; and considers that its solidarity with those under attack and with the

8/9/2012 12:26 PM

Constitution of the Republic of Cuba 1992

6 of 44

http://www.cubanet.org/ref/dis/const_92_e.htm

peoples that struggle for their liberation and self-determination constitutes its
internationalist duty;
i) bases its relations with those countries building socialism on fraternal friendship,
cooperation and mutual assistance, founded on the common objectives of the
construction of a new society;
j) maintains friendly relations with those countries which – although having a
different political, social and economic system – respect its sovereignty, observe the
rules of coexistence among states and the principles of mutual conveniences, and
adopt an attitude of reciprocity with our country.
ARTICLE 13. The Republic of Cuba grants asylum to those who are persecuted
because of their ideals or their struggles for democratic rights; against imperialism,
fascism, colonialism and neocolonialism; against discrimination and racism; for
national liberation; for the rights of workers, peasants and students and the redress
of their grievances; for their progressive political, scientific, artistic and literary
activities; for socialism and peace.
ARTICLE 14. In the Republic of Cuba rules the socialist system of economy based
on the people’s socialist ownership of the fundamental means of production and on
the abolition of the exploitation of man by man.
In Cuba also rules the principle of socialist distribution of "from each according to
his capacity, to each according to his work." The law establishes the provisions
which guarantee the effective fulfillment of this principle.
ARTICLE 15. Socialist state property, which is the property of the entire people,
comprises:
a) the lands that do not belong to small farmers or to cooperatives formed by them,
the subsoil, mines, mineral, plant and animal resources in the Republic’s maritime
economic area, forests, waters and means of communications;
b) the sugar mills, factories, chief means of transportation and all those enterprises,
banks and facilities that have been nationalized and expropriated from the
imperialist, landholders and bourgeoisie, as well as the factories, enterprises and
economic facilities and scientific, social, cultural and sports centers built, fostered or
purchased by the state and those to be built, fostered or purchased by the state in the
future.
Property ownership may not be transferred to natural persons or legal entities, save
for exceptional cases in which the partial or total transfer of an economic objective
is carried out for the development of the country and does not affect the political,
social and economic foundations of the state, prior to approval by the Council of
Ministers or its Executive Committee.
The transfer of other property rights to state enterprises and other entities authorized
to fulfill this objective will be prescribed by law.
ARTICLE 16. The state organizes, directs and controls the economic life of the

8/9/2012 12:26 PM

Constitution of the Republic of Cuba 1992

7 of 44

http://www.cubanet.org/ref/dis/const_92_e.htm

nation according to a plan that guarantees the programmed development of the
country, with the purpose of strengthening the socialist system, of increasingly
satisfying the material and cultural needs of society and of citizens, of promoting the
flourishing of human beings and their integrity, and of serving the progress and
security of the country.
The workers of all branches of the economy and of the other spheres of social life
have an active and conscious participation in the elaboration and execution of the
production and development plans.
ARTICLE 17. The state directly administers the goods that make up the socialist
property of the entire people’s, or may create and organize enterprises and entities to
administer them, whose structure, powers, functions and the system of their relations
are prescribed by law.
These enterprises and entities only answer for their debts through their financial
resources, within the limits prescribed by law. The state does not answer for debts
incurred by the enterprises, entities and other legal bodies, and neither do these
answer for those incurred by the state.
ARTICLE 18. The state controls and directs foreign trade. The law establishes the
state institutions and officials authorized to:
- create foreign trade enterprises;
- standardize and regulate export and import transactions; and
- determine the natural persons or legal bodies with judicial powers to carry out
these export and import transactions and to sign trade agreements.
ARTICLE 19. The state recognizes the right of small farmers to legal ownership of
their lands and other real estate and personal property necessary for the exploitation
of their land, as prescribed by law.
Small farmers may only incorporate their lands to agricultural production
cooperatives with the previous authorization of the competent state body and
fulfillment of the other legal requirements. They may also sell their lands, swap them
or transfer them for another title to the state and agricultural production
cooperatives, or to small farmers in the cases, forms and conditions prescribed by
law, without detriment to the preferential right of the state to the purchase of the
land while paying a fair price.
Land leases, sharecropping, mortgages and all other acts which entail a lien on the
land or cession to private individuals of the rights to the land which is the property
of the small farmers are all prohibited.
The state supports the small farmers’ individual production which contributes to the
national economy.
ARTICLE 20. Small farmers have the right to group themselves, in the way and
following the requirements prescribed by law both for the purpose of agricultural

8/9/2012 12:26 PM

Constitution of the Republic of Cuba 1992

8 of 44

http://www.cubanet.org/ref/dis/const_92_e.htm

production and for obtaining state loans and services.
The establishment of agricultural production cooperatives in the instances and ways
prescribed by law is authorized. Ownership of the cooperatives, which constitutes an
advanced and efficient form of socialist production, is recognized by the state.
The agricultural production cooperatives manage, own use and dispose of the goods
they own, as prescribed by law and by its regulations.
Land owned by cooperatives may not be seized or taxed and its ownership may be
transferred to other cooperatives or to the state, according to the causes and as
prescribed by law.
The state gives all possible support to this form of agricultural production.
ARTICLE 21. The state guarantees the right to personal ownership of earnings and
savings derived from one’s own work, of the dwelling to which one has legal title
and of the other possessions and objects which serve to satisfy one’s material and
cultural needs.
Likewise, the state guarantees the right of citizens to ownership of their personal or
family work tools. These tools may not be used to obtain earning derived from the
exploitation of the work of others.
The law establishes the amount of goods owned by a person which can be seized.
ARTICLE 22. The state recognizes the right of political, mass and social
organizations to ownership of the goods intended for the fulfillment of their
objectives.
ARTICLE 23. The state recognizes the right to legal ownership of joint ventures,
companies and economic associations which are created as prescribed by law.
The use enjoyment and disposal of the goods owned by the above-mentioned entities
are ruled by that prescribed by law and by accords, as well as by their statutes and
regulations.
ARTICLE 24. The state recognizes the right of citizens to inherit legal title to a place
of residence and to other personal goods and chattels.
The land and other goods linked to production in the small farmers’ property may be
inherited by and only be awarded to those heirs who work the land, save exceptions
and as prescribed by law.
The law prescribes the cases, conditions and ways under which the goods of
cooperative ownership may by inherited.
ARTICLE 25. The expropriation of property for reasons of public benefit or social
interest and with due compensation is authorized.
The law establishes the method for the expropriation and the bases on which the

8/9/2012 12:26 PM

Constitution of the Republic of Cuba 1992

9 of 44

http://www.cubanet.org/ref/dis/const_92_e.htm

need for and usefulness of this action is to be determined, as well as the form of
compensation, taking into account the interest and the economic and social needs of
the person whose property has been expropriated.
ARTICLE 26. Anybody who suffers damages unjustly caused by a state official or
employee while in the performance of his public functions has the right to claim and
obtain the corresponding indemnification as prescribed by law.
ARTICLE 27. The state the environment and natural resources. It recognizes the
close links they have with sustainable economic and social development to make
human life more rational and to ensure the survival, well-being and security of
present and future generations. The application of this policy corresponds to the
competent bodies.
It is the duty of citizens to contribute to the protection of the waters, atmosphere,
the conservation of the soil, flora, fauna and nature’s entire rich potential.

CHAPTER II
CITIZENSHIP
ARTICLE 28. Cuban citizenship is acquired by birth or through naturalization.
ARTICLE 29. Cuban citizens by birth are:
a) those born in national territory, with the exception of the children of foreign
persons at the service of their government or international organizations. In the case
of the children of temporary foreign residents in the country, the law stipulates the
requisites and formalities;
b) those born abroad, one of whose parents at least is Cuban and on an official
mission;
c) those born abroad, one of whose parents at least is Cuban, who have complied
with the formalities stipulated by law;
d) those born outside national territory, one of whose parents at least is Cuban and
who lost their Cuban citizenship provide they apply for said citizenship according to
the procedures stated by law;
e) foreigners who, by virtue of their exceptional merits won in the struggles for
Cuba’s liberation, were considered Cuban citizens by birth.
ARTICLE 30. Cuban citizens by naturalization are:
a) those foreigners who acquire Cuban citizenship in accordance with the regulations
established by law;
b) those who contributed to the armed struggle against the tyranny overthrown on
January 1, 1959, provided they show proof of this in the legally established form;

8/9/2012 12:26 PM

Constitution of the Republic of Cuba 1992

10 of 44

http://www.cubanet.org/ref/dis/const_92_e.htm

c) those who having been arbitrarily deprived of their citizenship of origin, obtain
Cuban citizenship by virtue of an express agreement of the Council of State.
ARTICLE 31. Neither marriage nor its dissolution affect the citizenship status of
either of the spouses or their children.
ARTICLE 32. Cubans may not be deprived of their citizenship save for established
legal causes. Neither may they be deprived of the right to change citizenship.
Dual citizenship is not recognized. Therefore, when a foreign citizenship is acquired,
the Cuban one will be lost.
Formalization of the loss of citizenship and the authorities empowered to decide on
this is prescribed by law.
ARTICLE 33. Cuban citizenship may be regained in those cases and ways specified
by law.

CHAPTER II
ALIENS

ARTICLE 34. Foreign residents in the territory of the Republic are equal to Cubans
in:
- the safeguarding of persons and property;
- the enjoyment of the rights and the fulfillment of the duties recognized in this
Constitution, under the conditions and with the limitations prescribed by law;
- the obligation to observe the Constitution and the law;
- the obligation to contribute to the public expenditure in the form and amount
prescribed by law;
- the submission to the jurisdiction and resolutions of the Republic’s courts of justice
and authorities.
The law establishes the cases and the ways in which foreigners may be expelled
from national territory and the authorities empowered to decide on this.

CHAPTER IV
THE FAMILY

8/9/2012 12:26 PM

Constitution of the Republic of Cuba 1992

11 of 44

http://www.cubanet.org/ref/dis/const_92_e.htm

ARTICLE 35. The state protects the family, motherhood and matrimony.
The state recognizes the family as the main nucleus of society and attributes to it the
important responsibilities and functions in the education and formation of the new
generations.
ARTICLE 36. Marriage is the voluntarily established union between a man and a
woman, who are legally fit to marry, in order to live together. It is based on full
equality of rights and duties for the partners, who must see to the support of the
home and the integral education of their children through a joint effort compatible
with the social activities of both.
The law regulates the formalization, recognition and dissolution of marriage and the
rights and obligations deriving from such acts.
ARTICLE 37. All children have the same rights, regardless of being born in or out of
wedlock.
Any qualification concerning the nature of the filiation is abolished.
No statement shall be made either with to the difference in birth or the civil status of
the parents in the registration of the children’s birth or in any other documents that
mention parenthood.
The state guarantees, through adequate legal mean, the determination and
recognition of paternity.
ARTICLE 38. The parents have the duty to provide nourishment for their children;
to help them to defend their legitimate interests and in the realization of their just
aspirations; and to contribute actively to their education and integral development as
useful and well-prepared citizens for life in a socialist society.
It is the children’s duty, in turn, to respect and help their parents.

CHAPTER V
EDUCATION AND CULTURE
ARTICLE 39. The state orients, foments and promotes education, culture and
science in all their manifestations.
Its educational and cultural policy is based on the following principles:
a) the state bases its educational and cultural policy on the progress made in science
and technology, the ideology of Marx and Martí, and universal and Cuban
progressive pedagogical tradition;
b) education is a function of the state and is free of charge. It is based on the
conclusions and contributions made by science and on the close relationship

8/9/2012 12:26 PM

Constitution of the Republic of Cuba 1992

12 of 44

http://www.cubanet.org/ref/dis/const_92_e.htm

between study and life, work and production.
The state maintains a broad scholarship system for students and provides the
workers with multiple opportunities to study to be able to attain the highest possible
of knowledge and skills.
The law established the integration and structure of the national system of education
and the extent of compulsory education and defines the minimum level of general
education that every citizen should acquire;
c) the state promotes the patriotic and communist education of the new generations
and the training of children, young people and adults for social life.
In order to make this principle a reality, general education and specialized scientific,
technical or artistic education are combined with work, development research,
physical education, sports, participation in political and social activities and military
training;
d) there is freedom of artistic creation as long as its content is not contrary to the
Revolution. There is freedom of artistic expression;
e) in order to raise the level of culture of the people, the state foments and develops
artistic education, the vocation for creation and the cultivation and appreciation of
art;
f) there is freedom of creation and research in science. The state encourages and
facilitates research and gives priority to that which is aimed at solving the problems
related to the interests of society and the well-being of the people;
g) the state makes it possible for the workers to engage in scientific work and to
contribute to the development of science;
h) the state promotes, foments and develops all forms of physical education and
sports as a means of education and of contribution to the integral development of
citizens;
i) the state defends Cuban culture’s identity and sees to the conservation of the
nation’s cultural heritage and artistic and historic wealth. The state protects national
monuments and places known for their natural beauty or their artistic or historic
values;
j) the state promotes the participation of the citizens, through the country’s social
and mass organizations, in the development of its educational and cultural policy.
ARTICLE 40. The state and society give special protection to children and young
people.
It is the duty of the family, the schools, the state agencies and the social and mass
organizations to pay special attention to the integral development of children and
young people.

8/9/2012 12:26 PM

Constitution of the Republic of Cuba 1992

13 of 44

http://www.cubanet.org/ref/dis/const_92_e.htm

CHAPTER VI
EQUALITY
ARTICLE 41. All citizens have equal rights and are subject to equal duties.
ARTICLE 42. Discrimination because of race, skin color, sex, national origin,
religious beliefs and any other form of discrimination harmful to human dignity is
forbidden and will be punished by law.
The institutions of the state educate everyone from the earliest possible age in the
principle of equality among human beings.
ARTICLE 43. The state consecrates the right achieved by the Revolution that all
citizens, regardless of race, skin color, sex, religious belief, national origin and any
situation that may be harmful to human dignity:
- have access, in keeping with their merits and abilities, to all state, public
administration, and production services positions and jobs;
- can reach any rank in the Revolutionary Armed Forces and in Security and internal
order, in keeping with their merits and abilities;
- be given equal pay for equal work;
- have a right to education at all national educational institutions, ranging from
elementary schools to the universities, which are the same for all;
- be given health care in all medical institutions;
- live in any sector, zone or area and stay in any hotel;
- be served at all restaurants and other public service establishments;
- use, without any separations, all means of transportation by sea, land and air;
- enjoy the same resorts, beaches, parks, social centers and other centers of culture,
sports, recreation and rest.
ARTICLE 44. Women and men have the same rights in the economic, political,
cultural and social fields, as well as in the family.
The state guarantees women the same opportunities and possibilities as men, in order
to achieve woman’s full participation in the development of the country.
The state organizes such institutions as children’s day-care centers, semi-boarding
schools and boarding schools, homes for the elderly and services to make it easier
for the working family to carry out its responsibilities.

8/9/2012 12:26 PM

Constitution of the Republic of Cuba 1992

14 of 44

http://www.cubanet.org/ref/dis/const_92_e.htm

The state looks after women’s health as well as that of their offspring, giving
working women paid maternity leave before and after giving birth and temporary
work options compatible with their maternal activities.
The state strives to create all the conditions which help make real the principle of
equality.

CHAPTER VII
FUNDAMENTAL RIGHTS, DUTIES AND GUARANTEES
ARTICLE 45. Work in a socialist society is a right and duty and a source of pride for
every citizen.
Work is remunerated according to its quality and quantity; when it is provided, the
needs of the economy and of society, the choice of worker and his skills and ability
are taken into account; this is guaranteed by the socialist economic system, that
facilitates social and economic development, without crises, and has thus eliminated
unemployment and the "dead season."
Nonpaid, voluntary work carried out for the benefit of all society in industrial,
agricultural, technical, artistic and service activities is recognized as playing an
important role in the formation of our people’s communist awareness.
Every worker has the duty to faithfully carry tasks corresponding to him at his job.
ARTICLE 46. All those who work have the right to rest, which is guaranteed by the
eight-hour workday, a weekly rest period and annual paid vacations.
The state contributes to the development of vacation plans and facilities.
ARTICLE 47. By means of the Social Security System the state assures adequate
protection to every worker who is unable to work because of age, illness or
disability.
If the worker dies this protection will be extended to his family.
ARTICLE 48. The state protects, by means of social assistance, senior citizens
lacking financial resources or anyone to take them in or care for them, and anyone
who is unable to work and has no relatives who can help them.
ARTICLE 49. The state guarantees the right to protection, safety and hygiene on the
job by means of the adoption of adequate measures for the prevention of accidents
at work and occupational diseases.
Anyone who suffers an accident on the job or is affected by an occupational disease
has the right to medical care and to compensation or retirement in those cases in
which temporary or permanent work disability ensues.

8/9/2012 12:26 PM

Constitution of the Republic of Cuba 1992

15 of 44

http://www.cubanet.org/ref/dis/const_92_e.htm

ARTICLE 50. Everyone has the right to health protection and care. The state
guarantees this right;
- by providing free medical and hospital care by means of the installations of the
rural medical service network, polyclinics, hospitals, preventative and specialized
treatment centers;
- by providing free dental care;
- by promoting the health publicity campaigns, health education, regular medical
examinations, general vaccinations and other measures to prevent the outbreak of
disease. All the population cooperates in these activities and plans through the social
and mass organizations.
ARTICLE 51. Everyone has the right to education. This right is guaranteed by the
free and widespread system of schools, semi-boarding and boarding schools and
scholarships of all kinds and at all levels of education and because of the fact that all
educational material is provided free of charge, which gives all children and young
people, regardless of their family’s economic position, the opportunity to study in
keeping with their ability, social demands and the needs of socioeconomic
development.
Adults are also guaranteed this right; education for them is free of charge and with
the specific facilities regulated by law, by means of the adult education program,
technical and vocational education, training courses in state agencies and enterprises
and the advanced courses for workers.
ARTICLE 52. Everyone has the right to physical education, sports and recreation.
Enjoyment of this right is assured by including the teaching and practice of physical
education and sports in the curricula of the national educational system; and by the
broad nature of the instruction and means placed at the service of the people, which
makes possible the practice of sports and recreation on a mass basis.
ARTICLE 53. Citizens have freedom of speech and of the press in keeping with the
objectives of socialist society. Material conditions for the exercise of that right are
provided by the fact that the press, radio, television, cinema, and other mass media
are state or social property and can never be private property. This assures their use
at exclusive service of the working people and in the interests of society.
The law regulated the exercise of those freedoms.
ARTICLE 54. The rights to assembly, demonstration and association are exercised
by workers, both manual and intellectual, peasants, women, students and other
sectors of the working people, and they have the necessary means for this. The
social and mass organizations have all the facilities they need to carry out those
activities in which the members have full freedom of speech and opinion based on
the unlimited right of initiative and criticism.
ARTICLE 55. The state, which recognizes, respects and guarantees freedom of

8/9/2012 12:26 PM

Constitution of the Republic of Cuba 1992

16 of 44

http://www.cubanet.org/ref/dis/const_92_e.htm

conscience and of religion, also recognizes, respects and guarantees every citizen’s
freedom to change religious beliefs or to not have any, and to profess, within the
framework of respect for the law, the religious belief of his preference.
The law regulates the state’s relations with religious institutions.
ARTICLE 56. The home is inviolable. Nobody can enter the home of another
against his will, except in those cases foreseen by law.
ARTICLE 57. Mail is inviolable. It can only be seized, opened and examined in
cases prescribed by law. Secrecy is maintained on matters other than those which led
to the examination.
The same principle is to be applied in the case of cable, telegraph and telephone
communications.
ARTICLE 58. Freedom and inviolability of persons is assured to all those who live
in the country.
Nobody can be arrested, except in the manner, with the guarantees and in the cases
indicated by law.
The persons who has been arrested or the prisoner is inviolable in his personal
integrity.
ARTICLE 59. Nobody can be tried or sentenced except by the competent court by
virtue of laws which existed prior to the crime and with the formalities and
guarantees that the laws establish.
Every accused person has the right to a defense.
No violence or pressure of any kind can be used against people to force them to
testify,
All statements obtained in violation of the above precept are null and void and those
responsible for the violation will be punished as outlined by law.
ARTICLE 60. Confiscation of property is only applied as a punishment by the
authorities in the cases and by the methods determined by law.
ARTICLE 61. Penal laws are retroactive when they benefit the accused or person
who has been sentenced. Other laws are not retroactive unless the contrary is
decided for reasons of social interest or because it is useful for public purposes.
ARTICLE 62. None of the freedoms which are recognized for citizens can be
exercised contrary to what is established in the Constitution and by law, or contrary
to the existence and objectives of the socialist state, or contrary to the decision of
the Cuban people to build socialism and communism. Violations of this principle can
be punished by law.
ARTICLE 63. Every citizen has the right to file complaints with and send petitions

8/9/2012 12:26 PM

Constitution of the Republic of Cuba 1992

17 of 44

http://www.cubanet.org/ref/dis/const_92_e.htm

to the authorities and to be given the pertinent response or attention within a
reasonable length of time, in keeping with the law.
ARTICLE 64. Every citizen has the duty of caring for public and social property,
observing work discipline, respecting the rights of others, observing standards of
socialist living and fulfilling civic and social duties.
ARTICLE 65. Defense of the socialist homeland is the greatest honor and the
supreme duty of every Cuban citizen.
The law regulates the military service which Cubans must do.
Treason against one’s country is the most serious of crimes; those who commit it are
subject to the most severe penalties.
ARTICLE 66. Strict fulfillment of the Constitution and the laws is an inexcusable
duty of all.
CHAPTER VIII
STATE OF EMERGENCY
ARTICLE 67. In the case of or in the face of an imminent natural disaster or
catastrophe or any other circumstance that because of its nature, proportion or
importance affects public order, the country’s security or the state’s stability, the
president of the Council of State may declare a state of emergency in the entire
national territory or in part of it, and order the mobilization of the population while it
is in force.
The law regulates the manner in which the state of emergency is declared, its effects
and its termination. It also determines the fundamental rights and duties recognized
in the Constitution, its exercise being regulated in a different manner during the time
the state of emergency is in force.

CHAPTER IX

PRINCIPLES OF ORGANIZATION
AND FUNCTIONING OF STATE AGENCIES

ARTICLE 68. State agencies are set up carry out their activity based on the
principles of socialist democracy, which are manifested in the following regulations:

8/9/2012 12:26 PM

Constitution of the Republic of Cuba 1992

18 of 44

http://www.cubanet.org/ref/dis/const_92_e.htm

a) all members or representative bodies of state power are elected and subject to
recall;

b) the masses control the activity of the state agencies, the deputies, delegates and
officials;

c) those elected must render an account of their work and may be revoked at any
time;

d) every state agency develops in a far-reaching manner, within its jurisdiction,
initiatives aimed at taking advantage of the resources and possibilities which exist on
a local level and to include the mass and social organizations in their work;

e) decisions of higher state bodies are compulsory for inferior ones;

f) inferior state bodies are responsible to higher ones and must render accounts of
their work;

g) freedom of discussion, criticism and self-criticism and sub-ordination of the
minority to the majority prevail in all collegiate state bodies.

CHAPTER X

HIGHER BODIES OF PEOPLE’S POWER

ARTICLE 69. The National Assembly of People’s Power is the supreme body of
state power and represents and expresses the sovereign will of all the people.

ARTICLE 70. The National Assembly of People’s Power is the only body in the

8/9/2012 12:26 PM

Constitution of the Republic of Cuba 1992

19 of 44

http://www.cubanet.org/ref/dis/const_92_e.htm

Republic invested with constituent and legislative authority.

ARTICLE 71. The National Assembly of People’s Power is comprised of deputies
elected by free, direct and secret vote, in the proportion and according to the
procedure established by law.

ARTICLE 72. The National Assembly of People’s Power is elected for a period of
five years.

The period can only extended by virtue of a resolution of the Assembly itself in the
event of war or in the case of other exceptional circumstances that may impede the
normal holding of elections and while such circumstances exist.

ARTICLE 73. The National Assembly of People’s Power, on meeting for a new
legislature, elects from among its deputies its president, vice president and secretary.
The law regulates the manner and procedure in which the Assembly is constituted
and carries out this election.

ARTICLE 74. The National Assembly of People’s Power elects, from among its
deputies, the Council of State, which consists of one president, one first vice
president, five vice presidents, one secretary and 23 other members.

The president of the Council of State is, at the same time, the head of state and head
of government.

The Council of State is accountable for its action to the National Assembly of
People’s Power, to which it must render accounts of all its activities.

ARTICLE 75. The National Assembly of People’s Power is invested with the
following powers:

a) deciding on reforms to the Constitution according to that established inARTICLE
137;

8/9/2012 12:26 PM

Constitution of the Republic of Cuba 1992

20 of 44

http://www.cubanet.org/ref/dis/const_92_e.htm

b) approving, modifying and annulling laws after consulting with the people when it
is considered necessary in view of the nature of the law in question;

c) deciding on the constitutionality of laws, decree-laws, decrees and all other
general provisions;

d) revoking in total or in part the decree-laws issued by the Council of State;

e) discussing and approving the national plans for economic and social development;

f) discussing and approving the state budget;

g) approving the principles of the system for planning and the management of the
national economy;

h) approving the monetary and credit system;

i) approving the general outlines of foreign and domestic policy;

j) declaring a state of war in the event of military aggression and approving peace
treaties;

k) establishing and modifying the political-administrative division of the country
pursuant to that established inARTICLE 102;

l) electing the president, vice president and secretary of the National Assembly;

m) electing the president, the first vice president, the vice presidents, the secretary,

8/9/2012 12:26 PM

Constitution of the Republic of Cuba 1992

21 of 44

http://www.cubanet.org/ref/dis/const_92_e.htm

and the other members of the Council of State;

n) approving, at the initiative of the president of the Council of State, the first vice
president, the vice presidents and the other members of the Council of Ministers;

o) electing the president, vice presidents and other judges of the People’s Supreme
Court;

p) electing the attorney general and the deputy attorney generals of the Republic;

q) appointing permanent and temporary commissions;

r) revoking the election or appointment of those persons elected or appointed by it;

s) exercising the highest supervision over state and government bodies;

t) keeping informed and evaluating and adopting pertinent decisions on the reports
on the rendering of accounts submitted by the Council of State, the Council of
Ministers, the People’s Supreme Court, the Office of the Attorney General of the
Republic and the Provincial Assemblies of People’s Power.

u) revoking those provisions or decree-laws of the Council of State and the decrees
or resolutions of the Council of Ministers which are contrary to the Constitution or
the law;

v) revoking or modifying those resolutions or provisions of the local bodies of
People’s Power which encroach on the Constitution, the laws, the decree-laws, the
decrees and other provisions issued by a higher body, or those which are detrimental
to the interests of other localities or the general interests of the nation;

w) granting amnesty;

8/9/2012 12:26 PM

Constitution of the Republic of Cuba 1992

22 of 44

http://www.cubanet.org/ref/dis/const_92_e.htm

x) calling for the holding of a referendum in those cases provided by the
Constitution and others which the Assembly considers pertinent;

y) establishing its ruler and regulations;

z) all other powers invested by this Constitution.

ARTICLE 76. All laws and resolutions of the National Assembly or People’s Power,
barring those in relation to reforms in the Constitution, are adopted by a simple
majority vote.

ARTICLE 77. All laws approved by the National Assembly of People’s Power go
into effect on the date determined by those laws in each case.

Laws, decree-laws, decrees and resolutions, regulations and other general provisions
of the national state bodies are published in the Official Gazette of the Republic.

ARTICLE 78. The National Assembly of People’s Power holds two regular sessions
a year and a special session when requested by one third of the membership or when
called by the Council of State.

ARTICLE 79. More than half of the total number of deputies must be present for a
session of the National Assembly of People’s Power to be held.

ARTICLE 80. All sessions of the National Assembly of People’s Power are public,
excepting when the Assembly resolves to hold a closed-door session on the grounds
of state interest.

ARTICLE 81. The president of the National Assembly of People’s Power is invested
with the power to:

8/9/2012 12:26 PM

Constitution of the Republic of Cuba 1992

23 of 44

http://www.cubanet.org/ref/dis/const_92_e.htm

a) preside over the sessions of the National Assembly and see to it that its
regulations are put into effect;

b) call the regular sessions of the National Assembly;

c) propose the draft agenda for the sessions of the National Assembly;

d) sign and order the publication in the Official Gazette of the Republic of the laws
and resolutions adopted by the National Assembly;

e) organize the international relations of the National Assembly;

f) conduct and organize the work of the permanent and temporary commissions
appointed by the National Assembly;

g) attend the meeting of the Council of State;

h) all other powers assigned to him by this Constitution or the National Assembly of
People’s Power.

ARTICLE 82. The status of deputy does not entail personal privileges or economic
benefits of any kind.

During the period in which they carry out their activities, the deputies receive the
same salary as in their workplace and maintain their links with it, for all purposes.

ARTICLE 83. No deputy to the National Assembly of People’s Power may be
arrested or placed on trial without the authorization of the Assembly – or the
Council of State if the Assembly is not in session – except in cases of flagrant

8/9/2012 12:26 PM

Constitution of the Republic of Cuba 1992

24 of 44

http://www.cubanet.org/ref/dis/const_92_e.htm

offenses.

ARTICLE 84. It is the duty of the deputies to the National Assembly of People'’
Power to exercises their duties in benefit of the people'’ interests, stay in contact
with their electors, listen to their problems, suggestions and criticism, and explain the
policy of the state. They will also render account to them of the results of their
activities, as prescribed by law.

ARTICLE 85. The mandate of the deputies to the National Assembly of People’s
Power may be revoked at any time, in the ways and for the causes prescribed by
law.

ARTICLE 86. The deputies to the National Assembly of People’s Power have the
right to make inquiries to the Council of State, the Council of Ministers or the
members of either and to have these inquiries answered during the course of the
same session or at the next session.

ARTICLE 87. It is the duty of all state bodies and enterprises to provide all
necessary cooperation to the deputies in the discharge of their duties.

ARTICLE 88. The proposal of laws is the responsibility of:

a) the deputies to the National of People’s Power;

b) the Council of State;

c) the Council of Ministers;

d) the commissions of the National Assembly of People’s Power;

e) the Central Organization of Cuban Trade Unions and the national offices of the
other social and mass organizations;

8/9/2012 12:26 PM

Constitution of the Republic of Cuba 1992

25 of 44

http://www.cubanet.org/ref/dis/const_92_e.htm

f) the People’s Supreme Court, in matters related to the administration of justice;

g) the Office of the Attorney General of the Republic, in maters within its
jurisdiction;

h) the citizens. In this case it is an indispensable prerequisite that the proposal be
made by at least 10 000 citizens who are eligible to vote.

ARTICLE 89. The Council of State is the body of the National Assembly of People’s
Power that represents it in the period between sessions, puts its resolutions into
effect and complies with all the other duties assigned by the Constitution.

It is collegiate and for national and international purposes it is the highest
representative of the Cuban state.

ARTICLE 90. The Council of State is invested with the power to:

a) summon special sessions of the National Assembly of People’s Power;
b) set the date for the elections for the periodic renovation of the National Assembly
of People’s Power;

c) issue decree-laws in the period between the sessions of the National Assembly of
People’s Power;

d) give existing laws a general and obligatory interpretation whenever necessary;

e) exercise legislative initiative;

f) make all the necessary arrangements for the holding of referendums called for by

8/9/2012 12:26 PM

Constitution of the Republic of Cuba 1992

26 of 44

http://www.cubanet.org/ref/dis/const_92_e.htm

the National Assembly of People’s Power;

g) decree a general mobilization whenever the defense of the country makes it
necessary and assume the authority to declare war in the event of aggression or to
approve peace treaties – duties which the Constitution assigns to the National
Assembly of People’s Power – when the Assembly is in recess and cannot be called
to session with the necessary security and urgency;

h) replace, at the initiative of its president, the members of the Council of Ministers
in the period between the sessions of the National Assembly of People’s Power;

i) issue general instructions to the courts through the Governing Council of the
People’s Supreme Court;

j) issue instructions to the Office of the Attorney General of the Republic;

k) appoint and remove, at the initiative of its president, the diplomatic
representatives of Cuba in others states;

l) grant decorations and honorary titles;
m) name commissions;

n) grant pardons;

o) ratify or denounce international treaties;

p) grant or refuse recognition to diplomatic representatives of other states;

q) suspend those provisions of the Council of Ministers and the resolutions and
provisions of the Local Assemblies of People’s Power which run counter to the
Constitution or the law or which run counter to the interests of other localities or to

8/9/2012 12:26 PM

Constitution of the Republic of Cuba 1992

27 of 44

http://www.cubanet.org/ref/dis/const_92_e.htm

the general interests of the country, reporting on this action to the National
Assembly of People’s Power in the first session held following the suspension agreed
upon;
r) revoke those resolutions and provisions of the local bodies of People’s Power
which infringe the Constitution, the laws, the decree-laws, the decrees and other
provisions issued by a higher body or when they are detrimental to the interests of
other localities or to the general interests of the nation;

s) approve its rules and regulations;

t) it is also invested with the other powers conferred by the Constitution and laws or
granted by the National Assembly of People’s Power.

ARTICLE 91. All the decisions of the Council of State are adopted by a simple
majority vote of its members.

ARTICLE 92. The mandate entrusted to the Council of State by the National
Assembly of People’s Power expires when the new Council of State, elected by
virtue of its periodic renovation, takes power.
ARTICLE 93. The president of the Council of State is head of government and is
invested with the power to:

a) represent the state and the government and conduct their general policy;

b) organize and conduct the activities of, call for the holding of and preside over the
sessions of the Council of State and the Council of Ministers;

c) control and supervise the development of the activities of the ministries and other
central agencies of the administration;

d) assume the leadership of any ministry or central agency of the administration;

8/9/2012 12:26 PM

Constitution of the Republic of Cuba 1992

28 of 44

http://www.cubanet.org/ref/dis/const_92_e.htm

e) propose to the National Assembly of People’s Power, once elected by the later,
the members of the Council of Ministers;

f) accept the resignation of the members of the Council of Ministers or propose
either to the National Assembly of People’s Power or the Council of State the
replacement of any of those members and, in both cases, to proposes the
corresponding substitutes;

g) receive the credentials of the heads of the heads of foreign diplomatic missions.
This responsibility may be delegated to any of the vice presidents of the Council of
State;

h) assume the supreme command of all armed institutions and determine their
general organization;

i) preside over the National Defense Council;

j) declare a state emergency in those cases provided for in this Constitution, stating
his decision, as soon as the circumstances permit it, to the National Assembly of
People’s Power or to the Council of State if the Assembly is unable to meet,
according to legal effects;

k) sign decree-laws and other resolutions of the Council of State and the legal
provisions adopted by the Council of Ministers or its Executive Committee, and
arrange for their publication in the Official Gazette of the Republic;

l) assume all other duties assigned it by the Constitution or by law.

ARTICLE 94. In cases of the absence, illness or death of the president of the
Council of State, the first vice president assumes the president’s duties.

ARTICLE 95. The Council of Ministers is the highest ranking executive and
administrative body and constitutes the government of the Republic.

8/9/2012 12:26 PM

Constitution of the Republic of Cuba 1992

29 of 44

http://www.cubanet.org/ref/dis/const_92_e.htm

The number, denomination and functions of the ministries and central agencies
making up the Council of Ministers are determined by law.

ARTICLE 96. The Council of Ministers is composed of the head of state and
government, as its president, the first vice president, the vice presidents, the
ministers, the secretary and the other members that the law determines.

ARTICLE 97. The president, first vice president, vice presidents and other members
of the Council of Ministers, as determined by the president, make up the Executive
Committee.

In periods between the meetings of the Council of Ministers, the Executive
Committee can decide on matters under the jurisdiction of the Council of Ministers.
ARTICLE 98. The Council of Ministers is invested with the power to:

a) organize and conduct the political, economic, cultural, scientific, social and
defense activities outlined by the National Assembly of People’s Power;

b) propose the draft general plans for the socioeconomic development of the state
and, after these are approved by the National Assembly of People’s Power, organize,
conduct and supervise their implementation;

c) conduct the foreign policy of the Republic and relations with other governments;

d) approve international treaties and submit them to ratification by the Council of
State;

e) direct and control foreign trade;

f) draw up the draft for the state budget and, once it is approved by the National
Assembly of People’s Power, to see to its implementation;

8/9/2012 12:26 PM

Constitution of the Republic of Cuba 1992

30 of 44

http://www.cubanet.org/ref/dis/const_92_e.htm

g) adopt measures aimed at strengthening the monetary and credit system;

h) draw up bills and submit them to the consideration of the National Assembly of
people’s Power or the Council of State, accordingly;

i) see to national defense, the maintenance of order and security at home, the
protection of citizens’ rights and the protection of lives and property in the event of
natural disasters;

j) conduct the administration of the state and unify, coordinate and supervise the
activities of the agencies of the central administration and local administrations;

k) implement the laws and resolutions of the National Assembly of People’s Power
and the decree-laws and provisions issued by the Council of State and, if necessary,
dictate the corresponding regulations;

l) issue decrees and provisions on the basis of and pursuant to the existing laws and
supervise their implementation;

m) revoke the decisions taken by those administrations subordinated to the
Provincial or Municipal Assemblies of People’s Power, adopted according to the
powers delegated by the central state administration agencies, when these are
contrary to the instructions issued from a higher level and whose fulfillment is
compulsory;

n) propose to the Provincial and Municipal Assemblies of People’s Power the
revocation of those provisions adopted during their specific activities by the
provincial and municipal administrations subordinated to them, when these are
contrary to the instructions approved by the central state administration agencies, in
the exercise of their functions;

o) revoke those provisions issued by heads of central state administration agencies
when these are contrary to the instructions issued from a higher level and whose
fulfillment is compulsory;

8/9/2012 12:26 PM

Constitution of the Republic of Cuba 1992

31 of 44

http://www.cubanet.org/ref/dis/const_92_e.htm

p) propose to the National Assembly of People’s Power or to the Council of State
the suspension of those resolutions and provisions issued by the local assemblies of
People’s Power which infringe existing laws and other provisions or are detrimental
to the interests of other communities or the general interests of the nation;

q) name the commissions it deems necessary to facilitate the fulfillment of the tasks
assigned to it;

r) appoint and remove officials in keeping with the powers it is invested with by the
law;

s) assume any duty assigned to it by the National Assembly of People’s Power or the
Council of State.

The law regulates the organization and functioning of the Council of Ministers.

ARTICLE 99. The Council of Ministers is accountable to and periodically renders
account of its activities to the National Assembly of People’s Power.

ARTICLE 100. The members of the Council of Ministers are invested with the
power to:

a) conduct the affairs and tasks of the ministry or agency under their care, issuing
the necessary resolutions and provisions to that effect;

b) dictate, in the event it is not the specific duty of another state body, the necessary
regulations to make possible the implementation of those laws and decree-laws
which concern them;

c) attend the sessions of the Council of Ministers, with the right to speak and vote,
and submit to the consideration of the Council whatever bill, decree-law, decree,

8/9/2012 12:26 PM

Constitution of the Republic of Cuba 1992

32 of 44

http://www.cubanet.org/ref/dis/const_92_e.htm

resolution or any other proposal they consider advisable;

d) appoint, according to the law, the corresponding officials;
e) they are also invested with any other power with which the Constitution and laws
invest them.

ARTICLE 101. The National Defense Council is constituted and prepared during
peacetime to lead the country in conditions of a state of war, during a war, a general
mobilization or a state of emergency. The law regulates its organization and
activities.

CHAPTER XI

POLITICAL-ADMINISTRATIVE DIVISION

ARTICLE 102. For political-administrative purposes the country is divided into
provinces and municipalities; their number, boundaries and names are determined by
law.

The law many also establish other divisions.

The province is the local society having, to all legal effects, a juridical personality. It
is politically organized according to law to serve as an intermediate link between the
central and municipal governments, covering a surface area equivalent to the
municipalities within its demarcation. It exercises the functions and fulfills the state
and administrative duties which are under its jurisdiction and has the fundamental
duty of promoting the economic and social development of its territory, for which it
coordinates and controls the fulfillment of the policies, programs and plans approved
by the higher state bodies, with the support of its municipalities and taking their
interests into account.

The municipality is the local society having, to all legal effects, a juridical
personality. It is politically organized according to law, covering a surface are that is
determined by the necessary economic and social relations of its population, and
with the capacity to meet the minimum local needs.

8/9/2012 12:26 PM

Constitution of the Republic of Cuba 1992

33 of 44

http://www.cubanet.org/ref/dis/const_92_e.htm

The provinces and municipalities, in addition to exercising their corresponding
functions, contribute to the realization of the state’s objectives.

CHAPTER XII

LOCAL BODIES OF PEOPLE’S POWER

ARTICLE 103. The Assemblies of People’s Power set up in the politicaladministrative divisions into which the country is divided are the higher local bodies
of state power. Therefore, they are invested with the highest authority for the
exercise of their state functions within their respective boundaries. To this effect
they govern in all that is under their jurisdiction and the law.

They also aid in the development of activities and the fulfillment of plans of those
units in their territory which are not subordinated to them, as prescribed by law.

The local administrations established by these Assemblies direct the economic,
production and service entities locally subordinated to them, with the purpose of
meeting the needs for economic, health care, assistance, educational, cultural, sports
and recreational services of the collective in the territory under the jurisdiction of
each.

For the exercise of their functions the local Assemblies of People’s Power find
support in the People’s Councils and the initiative and broad participation of the
population and they act in close coordination with the social and mass organizations.

ARTICLE 104. The People’s Councils are constituted in cities, towns,
neighborhoods and rural areas; they are invested with the highest authority for
carrying out their functions; they represents the territory where they carry out their
functions and also represent the municipal, provincial and national bodies of
People’s Power.
They work actively for efficiency in the development of production and service
activities and for meeting the needs for health care, economic, educational, cultural
and social activities of the population, promoting the broadest participation of the

8/9/2012 12:26 PM

Constitution of the Republic of Cuba 1992

34 of 44

http://www.cubanet.org/ref/dis/const_92_e.htm

population and the local initiatives to resolve their problems.

They coordinate the work of the existing entities in their field of action, promote
cooperation among them and control and supervise their activities.

The People’s Councils are made up of the delegates elected in the districts, who
must choose among themselves their president. The representatives of mass
organizations and the most important institutions in the territory may form part of
the Councils.

The law regulates the organizations and functions of the People’s Councils.

ARTICLE 105. In the limits of their jurisdiction, the Provincial Assemblies of
People’s Power are invested with the power to:

a) obey and help to enforce the laws and other general regulations adopted by the
higher state bodies;

b) approve and control the execution of the province’s income and spending budget
and plan, according to the policies agreed upon by the competent national agencies;

c) elect or recall the president and vice president of the Provincial Assembly;

d) designate or substitute the secretary of the Assembly;

e) participate in the drawing up and supervision of the state budget and technicaleconomic plan, corresponding to the entities located in its territory and subordinated
to other bodies, as prescribed by law;

f) control and supervise the activities of the provincial administration body with the
help of its work commissions;

8/9/2012 12:26 PM

Constitution of the Republic of Cuba 1992

35 of 44

http://www.cubanet.org/ref/dis/const_92_e.htm

g) designate or substitute the members of the provincial administration body, at the
proposal of its president;

h) determine, according to the principles established by the Council of Ministers, the
organization, functioning and tasks of the entities in charge of carrying out the
economic, production and services, educational, health care, cultural, sports,
protection of the environment and recreational activities, which are subordinated to
the provincial administration body;

i) adopt agreements concerning administration matters in its territory and which,
according to law, do not correspond to the general jurisdiction of the central state
administration or to that of the municipal bodies of state power;

j) approve the creation and organization of the People’s Councils at the proposal of
the Municipal Assemblies of People’s Power;

k) revoke, in the framework of its jurisdiction, the decisions adopted by the
provincial administration body or propose their revocation to the Council of
Ministers when these decisions have been adopted while acting according to the
faculties entrusted to them by the central state administration agencies;

l) study and evaluate the rendering of accounts reports presented by their
administration body and the Assemblies of People’s Power which are their
subordinates, and adopt the pertinent decisions regarding those reports;
m) set up or dissolve work commissions;

n) attend to all that relevant to the application of the policy on cadres drawn up by
the higher state bodies;

o) strengthen legality, public order and the country’s defense capacity;

p) assume any other duty assigned by the Constitution and by law.

8/9/2012 12:26 PM

Constitution of the Republic of Cuba 1992

36 of 44

http://www.cubanet.org/ref/dis/const_92_e.htm

ARTICLE 106. In the limits of their jurisdiction, the Municipal Assemblies of
People’s power are invested with the power to:

a) obey and help to enforce the laws and other general regulations adopted by the
higher state bodies;

b) elect or recall the president and vice president of the Assembly;

c) designate or substitute the secretary of the Assembly;

d) supervise and control the entities subordinated to the municipal body, with the
support of the work commissions;

e) revoke or modify the resolutions and measures of the bodies or authorities
subordinated to them which are contrary to the Constitution or the laws,
decrees-laws, decrees, resolutions enacted by the higher state bodies or those which
affect the interest of the community, of other territories or the general interests of
the country, or propose their revocation to the Council of Ministers when they have
been adopted while acting according to the faculties entrusted to them by the central
state administration agencies;

f) adopt agreements and enact measures in the framework of the Constitution and
the laws in force, on matters of municipal interest, and control their application;

g) designate or substitute the members of its administration body on the proposal of
its president;

h) determine, according to the principles established by the Council of Ministers, the
organization, functioning and tasks of the entities in charge of carrying out
economic, production and services, and health care activities, and others such as
assistance, educational, cultural, sports, protection of the environment and
recreational activities which are subordinated to its administration body;

8/9/2012 12:26 PM

Constitution of the Republic of Cuba 1992

37 of 44

http://www.cubanet.org/ref/dis/const_92_e.htm

i) propose the creation and organization of the People’s Councils, as established by
law;

j) constitute or dissolve work commissions;

k) approve the municipality’s socioeconomic plan and budget, following the policy
drawn up for this by the competent agencies of the central state administration, and
control their execution;

l) help in the development of activities and the fulfillment of production and service
plans of the entities located in their territory which are not subordinated to them, for
which they can draw support from their work commissions and administration body;

m) study and evaluate the rendering of accounts reports presented by their
administration body and adopt the pertinent decisions thereof;

n) attend to all that having to do with the application of the policy on cadres drawn
up by the higher state bodies:
o) strengthen legality, public order and the country’s defense capacity;

p) carry out any other functions assigned by the Constitution and by law.

ARTICLE 107. The regular and special sessions of the local Assemblies of People’s
Power are public, except in cases when it is agreed to hold them behind closed doors
for reasons of state or when matters referring to the decorum of persons are
involved.

ARTICLE 108. In order for agreements of the local Assemblies of People’s Power to
be valid, more than half of the total number of members must be present.
Agreements are adopted by simple majority.

8/9/2012 12:26 PM

Constitution of the Republic of Cuba 1992

38 of 44

http://www.cubanet.org/ref/dis/const_92_e.htm

ARTICLE 109. The entities organized to meet local needs with the aim of fulfilling
their specific objectives, are ruled by laws, decree-laws and decrees; by agreements
adopted by the Council of Ministers; by regulations issued by the heads of central
state administration agencies on matters under their jurisdiction which are of general
interest and that require being regulated on a national level; and by agreements
adopted by the local bodies to which they are subordinated.

ARTICLE 110. The permanent work commissions are constituted by the Provincial
and Municipal Assemblies of People's Power to meet the specific interests of their
localities, in order to help them carry out their activities and especially to control
and supervise the locally subordinated entities and others corresponding to further
levels of subordination which are located in their territory.

Temporary commissions fulfill specific tasks assigned within the time limits
indicated.

ARTICLE 111. The Provincial Assemblies of People’s Power are renovated every
five years, which is the delegates’ tern of office.

The Municipal Assemblies of People’s Power are renovated every two and a half
years, which is the delegates’ tern of office.

These terns may only be extended by decision of the National Assembly of People’s
Power, in the cases mentioned inARTICLE 72.

ARTICLE 112. The tern of the delegated to local Assemblies may be revoked at any
time. The law prescribes the manner, the cases and the methods in which they may
be revoked.

ARTICLE 113. The delegates fulfill the mandate of their electors, in the interest of
all the community, for which they must coordinate their functions as such with their
usual responsibilities and tasks. The law regulates the manner in which these
functions are carried out.

ARTICLE 114. The delegates to the Municipal Assemblies of People’s Power have

8/9/2012 12:26 PM

Constitution of the Republic of Cuba 1992

39 of 44

http://www.cubanet.org/ref/dis/const_92_e.htm

the rights and duties conferred by the Constitution and by law and they are
especially obliged to:

a) make the opinions, needs and problems expressed by their electors known to the
Assembly and to the local administration;

b) report to their electors on the policies of the Assembly and the measures adopted
to resolve the problems posed by the population or outline the reason why they have
not been resolved;

c) render account of their activities on a regular basis to their electors, and report to
the Assembly or to the commission they belong to on the fulfillment of the tasks
assigned to them when they are asked to do so.
ARTICLE 115. The delegates to the Provincial Assemblies of People’s Power have
the duty to carry out their activities for the benefit of the collective and report on the
measures taken by them on a personal basis, according to the procedure established
by law.

ARTICLE 116. The Provincial and Municipal Assemblies of People’s Power elect
their president and vice president from among their delegates.

ARTICLE 117. The president of the Provincial and Municipal Assemblies of
People’s Power are also the presidents of their respective administration bodies and
represent the state in their territories. Their functions are established by law.

ARTICLE 118. The administration bodies which constitute the Provincial and
Municipal Assemblies of People’s Power work on a collegiate basis and their
composition, integration, functions and duties are established by law.

ARTICLE 119. The Provincial and Municipal Defense Councils and the Defense
Zone Councils are constituted and organized during peacetime to conduct their
respective territories’ affairs, in conditions of a state of war, during a war, a general
mobilization or a state of emergency, based on the general defense plan and the
army’s military councils corresponding role and responsibilities. The National
Defense Council determines, according to law, the organization and functions of
these Councils.

8/9/2012 12:26 PM

Constitution of the Republic of Cuba 1992

40 of 44

http://www.cubanet.org/ref/dis/const_92_e.htm

CHAPTER XIII

THE COURTS AND THE OFFICE
OF THE ATTORNEY GENERAL

ARTICLE 120. The function of administering justice springs from the people and is
carried out on its behalf by the People’s Supreme Court and the other courts which
the law establishes.

The law establishes the main objectives of judicial activity and regulates the
organization of the courts; the extension of their jurisdiction and competence; their
authority and the form of exercising it; the standards that judges must meet, the
manner in which they must be elected and the causes and methods for recalling them
or for the cessation of their functions.

ARTICLE 121. The courts constitute a system of state bodies which are set up with
functional independence from all other systems and they are only subordinated to
the National Assembly of People’s Power and the Council of State.

The People’s Supreme Court is the foremost judicial authority and its decisions in
this field are final.

Through its Governing Council it can propose and issue regulations; make decisions
and enact norms whose fulfillment is compulsory for all courts and, based on their
experience, it issues instructions which are also compulsory in order to establish
uniform judicial practice in the interpretation and application of the law.

ARTICLE 122. The judges, in their function of administering justice, are
independent and only owe obedience to the law.

ARTICLE 123. The sentences and other decisions of the courts, pronounced or
enacted within the limits of their jurisdiction, must be obeyed and implemented by

8/9/2012 12:26 PM

Constitution of the Republic of Cuba 1992

41 of 44

http://www.cubanet.org/ref/dis/const_92_e.htm

state agencies, economic and social institutions and citizens, by those directly
affected and by those who do not have a direct interest in their implementation but
have the only the duty to participate in it.

ARTICLE 124. For administering justice all courts function in a collegiate form and
professional and lay judges participate in them with equal rights and duties.

The judicial functions assigned to lay judges, in view of their social importance, have
priority over their usual occupation.

ARTICLE 125. The courts render an account of the results of their work in the
manner and with the periodicity established by law.

ARTICLE 126. Judges can only be recalled by the body which elected them.

ARTICLE 127. The Office of the Attorney General of the Republic is the state body
which has, as its fundamental objective, jurisdiction over the control and
preservation of legality by ensuring that the Constitution, the law and other legal
regulations are strictly obeyed by state agencies, economic and social entities and
citizens; and representing the state in the promotion and exercise of public legal
action.

The law determines the other objectives and functions as well as the form, duration
and occasion in which the Office of the Attorney General exercises its power.

ARTICLE 128. The Office of the Attorney General of the Republic constitutes an
organic unit which is only subordinated to the National Assembly of People’s Power
and the Council of State.

The Attorney General of the Republic is given instructions directly from the Council
of State.

The Attorney General of the Republic will handle the direction and control of all the
work done by his office all over the country.

8/9/2012 12:26 PM

Constitution of the Republic of Cuba 1992

42 of 44

http://www.cubanet.org/ref/dis/const_92_e.htm

The bodies of the Office of the Attorney General are organized in a vertical manner
all over the country. They are subordinate only to the Office of the Attorney General
of the Republic and are independent of all local bodies.

ARTICLE 129. The Attorney General of the Republic and the assistant attorney
generals are elected and subject to recall by the National Assembly of People’s
Power.

ARTICLE 130. The Attorney General of the Republic renders an account of his
work to the National Assembly of People’s Power in the form and with the
periodicity established by law.

CHAPTER XIV

ELECTORAL SYSTEM

ARTICLE 131. All citizens, with the legal capacity to do so, have the right to take
part in the leadership of the state, directly or through their elected representatives to
the bodies of People’s Power, and to participate, for this purpose and as prescribed
by law, in the periodic elections and people’s referendums through free, equal and
secret vote. Every voter has only vote.

ARTICLE 132. All Cubans over 16 years of age, men and women alike, have the
right to vote except those who:

a) are mentally disabled and have been declared so by court;

b) have committed a crime and because of this have lost the right to vote.

ARTICLE 133. All Cuban citizens, men and women alike, who have full political
rights can be elected.

8/9/2012 12:26 PM

Constitution of the Republic of Cuba 1992

43 of 44

http://www.cubanet.org/ref/dis/const_92_e.htm

If the election is for deputies to the National Assembly of People’s Power they must
be more than 18 years old.

ARTICLE 134. Members of the Revolutionary Armed Forces and other military
institutions of the nation have the right to elect and be elected, just like any other
citizen.

ARTICLE 135. The law determines the number of delegates that make up each of
the Provincial and Municipal Assemblies, in proportion to the number of people who
live in each of the regions into which, for electoral purposes, the country is divided.

The delegates to the Provincial and Municipal Assemblies are elected by the voters
through free, direct and secret vote. Moreover, the law regulates the procedure for
their election.

ARTICLE 136. In order for deputies or delegates to be considered elected they must
get more than half the number of valid votes cast in the electoral districts.

If this does not happen, or in cases of vacant posts, the law regulates the procedure
to be followed.

CHAPTER XV

CONSTITUTIONAL REFORMS

ARTICLE 137. This Constitution can only be totally or partially modified by the
National Assembly of People’s Power by means of resolutions adopted by roll-call
vote by a majority of no less than two-thirds of the total number of members.

If the modification is total of has to do with the integration and authority of the
National Assembly of People’s Power or its Council of State or the rights and duties

8/9/2012 12:26 PM

Constitution of the Republic of Cuba 1992

44 of 44

http://www.cubanet.org/ref/dis/const_92_e.htm

contained in the Constitution, the approval of the majority of citizens with the right
to vote is required via a referendum organized for this purpose by the Assembly.
This Constitution, which was proclaimed on February 24, 1976, contains the reforms
approved by the National Assembly of People’s Power in the 11th Regular Session
of the 3rd Legislature, held on July 10, 11 and 12 of 1992.

[ DOCUMENTOS ] [ TITULARES ] [ CENTRO ]

...... NOTICIAS ...... Prensa Independiente | Prensa Internacional | Prensa Gubernamental ......
...... BUSQUEDAS ...... Archivos | Búsquedas | Documentos | Enlaces ......
...... SOCIEDAD CIVIL ...... Introducción | Cooperativas Agrícolas | Movimiento Sindical | Bibliotecas | MCL | Fraternidad de
Ciegos | Seguidores de Cristo | Estudios Sociales ......
...... DEL LECTOR ...... Cartas | Debate | Opinión ......
...... CULTURA ...... Artes Plásticas | Fotos de Cuba ......
...... CUBANET ...... Semanario | Quiénes Somos | Informe 1998 | Correo Eléctronico ......
...... OTROS IDIOMAS ...... Inglés | Alemán | Francés ......

CubaNet News, Inc.
145 Madeira Ave, Suite 207
Coral Gables, FL 33134
[phone]

8/9/2012 12:26 PM