WE, THE PEOPLE OF CUBA,
Draft of 2018 with amendments resulting from the popular consulation, published on January 5, 2019; approved by the public in a national referendum on February 24, 2019
WE, THE PEOPLE OF CUBA,
inspired by the heroism and patriotism of those that fought for a free, independent, sovereign, and democratic homeland of social justice and human solidarity, forged through the sacrifice of our ancestors;
by the indigenous peoples who resisted submission;
by the slaves that rebelled against their masters;
by those that awoke the national conscience and Cuban desire for our liberty and homeland;
by the patriots that started and participated in our struggles for independence against Spanish colonization beginning in 1868 as well as those whose final efforts of 1895 were denied victory with the beginning of the military intervention and occupation of Yankee imperialism in 1898;
by those that fought for over fifty years against imperialist domination, political corruption, the lack of rights and liberties, unemployment, the exploitation imposed by capitalists, landowners, and other social evils;
by those who promoted, participated in, and developed the first organizations of laborers, farm workers, and students; disseminated socialist ideas; and founded the first revolutionary, Marxist, and Leninist movements;
by the members of the vanguard of the generation of the 100th anniversary of Martí's birth, who, nourished by his teaching, led us to the victorious popular revolution in January of 1959;
by those that, in sacrificing their lives, defended the Revolution and contributed to its definitive consolidation;
by those that completed heroic international missions together;
by the epic resistance and unity of our people;
by the most advanced revolutionary, anti-imperialist, Cuban-Marxist, Latin American, and universal thought, in particular by the ideal and example of Martí and Fidel, as well as the social emancipation ideas of Marx, Engels, and Lenin;
in proletariat internationalism, fraternal friendship, the help, cooperation, and solidarity of the peoples of the world, particularly those of Latin America and the Caribbean;
to carry forward the triumphant Revolutions of Moncada and Granma, of the Sierra, of the underground struggle, and of Girón that, sustained in the contribution and unity of the principal revolutionary forces and the people, conquered full national independence, established revolutionary power, realized the democratic transformations and initiated the construction of Socialism;
to Cuba never returning to capitalism as a regime sustained by the exploitation of man by man, and that it is only in socialism and communism that a human being can achieve his or her full dignity;
that national unity and the leadership of the Communist Party of Cuba, born through the unitary will of the organizations that decisively contributed to the triumph of the Revolution and legitimized by the people, constitute fundamental pillars and guarantees of our economic, social and political order;
with the tenets displayed in the concept of Revolution, as expressed by the Commander in Chief Fidel Castro on the 1st of May of the year 2000;
our will that the law of the laws of the Republic be presided over by this profound yearning, finally achieved by José Martí,
"I wish that the first law of our Republic be the devotion of the Cubans to the full dignity of man;"
by our free and secret vote, through a popular referendum, one hundred and fifty years after our first Mambí Constitution, approved in Guáimaro on April 10, 1869, the following:
Cuba is a democratic, independent and sovereign socialist State of law and social justice, organized by all and for the good of all, as an indivisible and unitary republic, founded by the labor, dignity, humanism, and ethic of its citizens for the enjoyment of liberty, equity, justice, and equality, solidarity, and individual and collective well-being and prosperity.
The name of the Cuban State is the Republic of Cuba, the official language is Spanish, and the capital is Havana.
The national symbols are the flag of the lone star, the Bayamo Anthem, and the coat of arms of the royal palm.
The law defines the characteristics that identify them, their use, and their conservation.
In the Republic of Cuba, sovereignty resides nontransferably with the people, from which all of the State's power emanates. The people exercise this power directly and via Assemblies of People's Power and other organs of the State that are derived from them, in the form and according to the norms established by the Constitution and the laws.
The defense of our socialist homeland is the greatest honor and the supreme duty of every Cuban.
Treason is the most serious of crimes, whoever should commit treason will be subject to the most severe sanctions.
The socialist system that this Constitution supports is irrevocable.
Citizens have the right to combat through any means, including armed combat when other means are not available, against any that intend to topple the political, social, and economic order established by this Constitution.
The Communist Party of Cuba, unique, Martiano, Fidelista, and Marxist-Leninist, the organized vanguard of the Cuban nation, sustained in its democratic character as well as its permanent linkage to the people, is the superior driving force of the society and the State.
It organizes and orients the communal forces towards the construction of socialism and its progress toward a communist society. It works to preserve and to fortify the patriotic unity of the Cuban people and to develop ethic, moral, and civic values.
The Union of Young Communists, a vanguard organization of the Cuban youth, is recognized and supported by the State, contributes to the education of the youth in the revolutionary principles as well as the ethics of our society, and promotes their active participation in the edification of socialism.
The Constitution is the supreme norm of the State. All are obliged to comply with it. The orders and acts of the organs of the State, their leaders, functionaries, and employees will act in conformity with that which is prescribed by the Constitution.
That which is prescribed in international treaties that are in force for the Republic of Cuba constitute or form part of national legislative regulations, as applicable. The Constitution of the Republic of Cuba takes priority over international treaties.
All are obligated to strictly adhere to socialist law.
Furthermore, the organs of the State, their leaders, functionaries, and employees ensure its respect in the lives of all people and act within the limits of their respective responsibilities.
The organs of the State, its leaders, functionaries, and employees are obligated to respect, care for, and respond to the people, to maintain close links with the people, and to submit to their oversight in the forms established by the Constitution and the laws.
The State exercises its sovereignty and jurisdiction:
Likewise, the State exercises jurisdiction in the contiguous zone that corresponds to International Law.
The Republic of Cuba repudiates and considers illegal and void the treaties, concessions, or pacts agreed to under conditions of inequality or that alienate or diminish its sovereignty or territorial integrity.
The State's essential objectives include the following:
The State recognizes and stimulates the social and mass organizations that bring together distinct sectors of the population, that represent their specific interests and that involve them in the tasks that edify, consolidate, and defend the socialist society.
The law establishes the general principles that these organizations are based upon and recognizes the practice of other associative forms.
The State recognizes, respects, and guarantees religious liberty.
The Republic of Cuba is secular. In the Republic of Cuba, the religious institutions and fraternal associations are separate from the State and they all have the same rights and duties.
Distinct beliefs and religions enjoy equal consideration.
The Republic of Cuba bases its international relations on the exercise of its sovereignty as well as on the antiimperialist and internationalist principles in accordance with the interests of the people and, in consequence:
The Republic of Cuba may concede asylum, in accordance with the law, to those who are persecuted because of their ideals or their fights for national liberation, progressive activities, socialism and peace, democratic rights and its assertions, as well as to those who fight against imperialism, fascism, colonialism, neocolonialism, and any other form of domination, discrimination, or racism.
The Republic of Cuba is governed by a socialist economic system based on ownership by all people of the fundamental means of production as the primary form of property as well as the planned direction of the economy, which considers, regulates, and monitors the economy according to the interests of the society.
The State directs, regulates, and monitors economic activity, reconciling national, territorial, collective, and individual interests for the benefit of society.
Socialist planning constitutes the central component of the system of governance for economic and social development. Its essential function is to design and conduct strategic development, planning for relevant balances between resources and needs.
Workers participate in the processes of economic planning, regulation, management, and monitoring.
The law regulates the participation of labor collectives in the administration and management of state-governed business entities and budgetary units.
The State promotes the advance of science, technology, and innovation as indispensable elements of economic and social development.
It also implements forms of organization, financing, and management of scientific activity, and fosters the systematic and accelerated introduction of its results into service and production processes, within the appropriate institutional and regulatory framework.
The following are recognized as forms of property:
All forms of ownership over means of production interact in similar ways; the State regulates and monitors the way in which they contribute to economic and social development.
The exercise and attainment of these forms of ownership are regulated by the law.
The following are socialist property of the people: the lands that do not belong to individuals or cooperatives composed of these individuals, the subterranean areas, mineral deposits, the mines, the forests, the waters, the beaches, the means of communication, and the natural resources both living as well as nonliving within the exclusive economic zone of the Republic.
These goods may not be transferred as property to natural or legal persons and are governed by principles that render them unalienable, imprescriptible, and unseizable.
The transfer of other rights not involving the transfer of property of these goods must have prior approval of the Council of State, according to that which is prescribed by law and provided that it is for the purpose of the country's economic and social development and does not affect the political, economic, or social foundations of the State.
Socialist property that belongs to the entire population includes other goods, such as general interest infrastructure, key industries, and economic and social facilities, as well as other goods that are strategic for the country's economic and social development.
These goods may not be seized and may be transferred as property only in exceptional cases, provided that it is for the purpose of the country's economic and social development and does not affect the political, economic, and social foundations of the State. They require the prior approval of the Council of Ministers.
The transmission of other rights over these goods and their management will take place according to that which is prescribed by law.
Budgeted institutions and state-governed business entities possess other goods that are socialist property of the entire population, over which the rights that correspond and accord with the provisions of the law are exercised.
The state creates budgeted institutions to accomplish essentially state and social functions.
The State creates and organizes state-governed business entities with the objective of developing economic activities, such as production or the provision of services.
These entities act in response to the obligations incurred by their patrimony, which are consistent with the limits determined by the law.
The State does not respond to the obligations within the contracts of state-governed business entities, and these entities do not act in response to those of the State.
A socialist state business is the primary subject of the national economy. They have autonomy in their administration and management, perform the primary role in the production of goods and services, and comply with their social responsibilities.
The law regulates the principles of their organization and operation.
The State promotes and provides guarantees to foreign investment as an important element for the economic development of the country, which is based upon the protection and the rational use of the natural and human resources as well as respect for national sovereignty and independence.
The law establishes regulations with respect to foreign investment within the national territory.
Private property over land is regulated by a special framework.
Leasing, sharecropping, and mortgage loans to individuals are prohibited.
The onerous trading or transmission of this good may only be realized in compliance with the requirements established by the law, and without prejudice to the preferential right of the State to the acquisition of land through the payment of a just price.
Non-onerous transfer of ownership or of rights of use and enjoyment of this property is carried out with prior authorization of the competent authority and in accordance with that which is prescribed in the law.
The concentration of property in natural or legal non-state persons is regulated by the State, which also guarantees an increasingly just redistribution of wealth in order to conserve the limits that are compatible with the socialist values of equity and social justice.
The law establishes regulations that guarantee its effective enforcement.
Labor is a primordial value in our society. It constitutes a right, a social duty, and a source of honor for all people who are able to work.
Paid labor must be the principal source of income that sustains dignified living conditions, allows for the improvement of material and spiritual well-being and the realization of individual, collective, and social projects.
Payment in accordance with the labor performed is complemented by the just and free fulfillment of universal social services and other provisions and benefits.
The State orients, fosters, and promotes education, the sciences, and culture in all of their forms.
In its educational, scientific, and cultural policy, the State abides by the following tenets:
Cuban citizenship is acquired through birth or through naturalization.
A person is a Cuban citizen through birth if:
A person is a Cuban citizen through naturalization if:
The acquisition of other citizenship does not imply the loss of Cuban citizenship. Cuban citizens, as long as they are within national territory, are governed by this condition, in the terms established by the law, and may not make use of another citizenship.
Neither marriage, civil union, nor legal separation will affect the citizenship of spouses, partners, or children.
Cubans may not be deprived of their citizenship, except for legally sanctioned causes.
The law establishes the procedure to be followed in order to formalize the loss or renouncement of citizenship as well as the authorities empowered to decide in these cases.
Cuban citizenship may be recovered in accordance with the requirements and formalities prescribed by the law.
Human dignity is the supreme value that underpins the recognition and exercise of the rights and duties enshrined in the Constitution, treaties, and laws.
The Cuban State recognizes and guarantees to a person the non-renounceable, indivisible, and interdependent enjoyment and exercise of human rights, in correspondence with the principles of progressivity and nondiscrimination. Their respect and guarantee are obligatory for all.
All people are equal before the law, receive the same protection and treatment from the authorities, and enjoy the same rights, liberties, and opportunities, without any discrimination for reasons of sex, gender, sexual orientation, gender identity, age, ethnic origin, skin color, religious belief, disability, national or territorial origin, or any other personal condition or circumstance that implies a distinction injurious to human dignity.
All people have the right to enjoy the same public spaces and service facilities.
Likewise, they receive equal salary for equal work, with no discrimination whatsoever.
The violation of this principle is proscribed and is sanctioned by law.
Women and men have equal rights and responsibilities in the economic, political, cultural, occupational, social, and familial domains, as well as in any other domain. The State guarantees that both will be offered the same opportunities and possibilities.
The State encourages the holistic development of women and their full social participation. It ensures the exercise of their sexual and reproductive rights, protects them from gender-based violence in all of its forms and in all spaces, and creates the institutional and legal mechanisms to do so.
The State creates the conditions necessary to guarantee the equality of its citizens. It educates all people from the earliest age possible in the respect of this principle.
The State effectuates this right with the implementation of public laws and policies to encourage social inclusion and the safeguard of the rights of people whose condition requires it.
The exercise of these rights of the people are only limited by the rights of others, collective security, general well-being, respect for public order, the Constitution, and the laws.
All citizens have the right to life, physical and moral integrity, justice, security, peace, health, education, culture, recreation, sports, and to their holistic development.
The people have the right to the free development of their personality and must conduct themselves with respect, fraternity, and solidarity.
All people have the right to personal and familiar privacy, to their own image and voice, their honor, and their personal identity.
The home is an inviolable space. One may not enter in another dwelling without permission of the inhabitants, except through a warrant issued by a competent authority following the legal formalities and for a motive previously defined by the law.
Correspondence and other forms of communication between persons are inviolable. They may only be intercepted or registered through a warrant issued by a competent authority in the cases and with the formalities established by the law.
Documents of information obtained in violation of this principle do not constitute evidence within any legal proceeding.
People may not be subject to forced disappearance, torture, or cruel, inhumane, or degrading treatment or punishment.
People have the right to enter, remain in, travel through, and exit from the national territory, or to change their residence or domicile without any limits other than those established by the law.
All people have the right to request and receive information from the State that is true, objective, and timely, and to access the information generated by organs of the state and its entities, according to the established regulations.
The State recognizes, respects, and guarantees people freedom of thought, conscience, and expression.
Conscientious objection may not be invoked with the intention of evading compliance with the law or impeding another from the exercise of their rights.
People's freedom of press is recognized. This right is exercised according to the law and for the good of society.
The fundamental means of social communication, in any of their forms, are the socialist property of all people or of political, social, and mass organizations, and may not be categorized as any other type of property.
The State establishes the principles of organization and operation for all means of social communication.
The rights of assembly, demonstration, and association for legal and peaceful purposes are recognized by the State whenever they are exercised with respect to public order and in compliance with the precepts established by the law.
Any person has the right to profess or not profess their religious beliefs, to change them, and to practice the religion of their choice with the required respect to other beliefs and in accordance with the law.
All people have the right to enjoy their personal property. The State guarantees its use, enjoyment, and free disposal, in accordance with what is established in the law.
The expropriation of goods is solely authorized for the purpose of attending to reasons of public utility or social interest with the required indemnity.
The law establishes the means to determine their utility and necessity, the required guarantees, and the procedure for their expropriation and the form of indemnity.
Confiscation of property may only be applied as a sanction issued by a competent authority in the cases and through the procedures determined by the law.
When the confiscation of property is ordered in an administrative procedure, a person is always guaranteed the ability to defend their right before the competent courts.
Within its penitentiary policy, the State favors the social reintegration of persons deprived of liberty, guarantees the respect for their rights and the compliance with the norms established for their treatment within prison establishments.
Likewise, it is responsible for the assistance and social reintegration of persons who fulfill their criminal penalties or comply with other measures imposed by the courts.
People have the right to direct complaints and petitions to the authorities, who are obligated to process and respond to them in a timely and pertinent manner that is based on the term and procedure established in the law.
People's intellectual property rights are recognized according to the law and to international treaties.
The rights acquired are exercised by the author and owners in compliance with the law and according to public policies.
The State recognizes the right to succession in the case of death. The law regulates its content and scope.
The State recognizes the right to work. Any person that is able to work has the right to obtain a dignified employment according to their choice, qualifications, aptitude, and the demands of the economy and society.
The State organizes institutions and services that facilitate the ability of working families to carry out their responsibilities.
All people have the right for their work to be remunerated according to its quality and quantity, which expresses the socialist principle of distribution: "from each according to their ability, to each according to their labor."
Child labor, performed by children or adolescents, is prohibited.
The State grants special protection to adolescents who have graduated from vocational school or others who, in exceptional circumstances defined by the law, are permitted to work with the purpose of guaranteeing their training and holistic development.
Workers have the right to a break, which is guaranteed through the eight-hour workday, a weekly break, and annual paid vacations.
The law defines other cases in which exceptions may be made to approve alternative workdays or working systems, with the necessary proportion of time devoted to work and breaks.
People who work have a right to social security. The State, through the social security system, guarantees adequate protection when a person finds themselves unable to work due to age, maternity, paternity, disability, or illness.
Likewise, in accordance with the law, the State protects grandparents or other relatives of minors in their care and attention.
In the case of a worker's death or retirement, the State grants similar protection to his or her family, in accordance with that which is established in the law.
The State guarantees the right to safety and health at work through the adoption of suitable means to prevent work-related accidents or illnesses.
Any person who suffers an accident during their labor or contracts a work-related illness has the right to medical attention, subsidy, or pension in the case of a temporary or permanent incapacity to work, or to other forms of social security protection.
The State, through social assistance, protects persons without resources or shelter, those who are unable to work, those without family members who are able to care for them, and the families that, due to low income, require it, according to the law.
The State recognizes the right to adequate housing and a safe and healthy home for all people.
The State works to make this right effective through shelter construction programs, with the participation of entities and of the population, in correspondence with public policies, the norms of territorial and urban order, and the laws.
Public health is a right of all people and it is the State's responsibility to guarantee access to quality medical attention, protection, and recovery services, free of charge.
The State, in order to effectuate this right, institutes a healthcare system at all levels that is accessible to the population and develops prevention and education programs, in which the society and families contribute.
The law defines the mode in which health services are provided.
Education is a right of all people and the responsibility of the State, which guarantees free, accessible, and quality education services to its citizens for their holistic development, from preschool until the postgraduate level.
The State, in order to effectuate this right, establishes a broad system of educational institutions of all types and education levels, which allows the possibility of attending school during any stage of life according to one's aptitudes and the country's social demands and socioeconomic development needs.
Society and families have the responsibility of education.
The law defines the scope of the obligatory nature of attending school; the basic general preparation that must be minimally acquired; the education of adults and those whose postgraduate or other complementary studies may extraordinarily be remunerated.
People have the right to physical education, sports, and recreation as essential elements of their quality of life.
The national education system guarantees the inclusion of teaching and practicing physical education and sports as an integral part of childhood, adolescent, and teenage education.
The State works to guarantee the necessary resources dedicated to the promotion and practice of sports and recreation for all people, as well as for the preparation of, attention to, and development of athletic talent.
All persons have the right to enjoy a natural environment that is healthy and stable.
The State protects the environment and the country's natural resources. It recognizes their close linkage with the sustainable development of the economy and society to make human life more rational and to ensure the security of current and future generations.
All people have the right to water.
The State works to guarantee access to potable water and to its sanitation, with the required compensation and rational use.
All people have the right to a healthy and adequate diet. The State works to achieve the food security of the entire population.
All people have the right to consume quality goods and services that are not counter to their health, the right to access truthful and adequate information about these items, and the right to receive a dignified and equitable treatment in accordance with the law.
All people have the right to participate in the artistic and cultural life of the nation.
The State promotes culture and the distinct artistic formats in accordance with cultural policy and the law.
Cuban citizens have the right to participate in the formation, exercise, and monitoring of the power of the State, for which purpose they may, in accordance with the laws:
All people have the right to start a family. The State recognizes and protects families, regardless of their structure, as the basic cell of society, and works to guarantee that the holistic achievement of their objectives.
They are formed by legal, de facto, or emotional ties, and are based on the equality of rights, duties, and opportunities of its members.
Legal protection of the diverse types of families is regulated by the law.
Marriage is a social and legal institution. It is one of the organizational structures of families. It is based on free consent and on the equality of rights, obligations, and legal capacity of spouses.
The law determines how they are constituted and their effects.
Furthermore, it recognizes the stable and singular union with legal capacity that effectively forms a common life plan that, under the conditions and circumstances indicated in the law, generates the rights and obligations that the law provides.
All children have equal rights.
All titles regarding the nature of one's birth are prohibited.
The State guarantees, through suitable legal procedures, the determination and the recognition of maternity and paternity.
Maternity and paternity are protected by the State.
Mothers and fathers have essential responsibilities and roles in the holistic education and upbringing them as citizens with moral, ethical, and civic values in correspondence with life within our socialist society.
Mothers and fathers or other relatives by blood or marriage who perform the roles of guardianship and caretakers have the duty to feed children and adolescents, respect and guarantee the full exercise of their rights, protect them from all types of violence, and contribute actively to the holistic development of their personality.
Children, in turn, are obligated to respect, care for, and protect their mothers, fathers, and other relatives, in accordance with that which is established by law.
Violence within the family, in any of its manifestations, is considered destructive to the people involved, to families, and to society, and is punishable by law.
The State, society, and families grant special protection to children and adolescents in order to guarantee their harmonic and holistic development, keeping their best interests in mind in the decisions and actions that concern them.
Children and adolescents are considered to have full possession of their rights and enjoy the rights that are recognized in this Constitution, in addition to the rights that are specific to their special condition as a developing person. They are protected from all types of violence.
The State, society, and families recognize young people as active participants in society, for which they create the conditions for the full exercise of their rights and their holistic development.
The State, society, and families, in their respective roles, have the obligation to protect, aid, and provide the conditions to satisfy the necessities and improve the quality of life of the elderly. Likewise, they are obligated to respect their self-determination, guarantee the full exercise of their rights, and promote their social integration and participation.
The State, society, and families have the obligation to protect, foster, and ensure the full exercise of rights for disabled persons. The State guarantees the required conditions for their rehabilitation or the improvement of their quality of life, their personal autonomy, and their social inclusion and participation.
The exercise of the rights and liberties provided for in this Constitution implies responsibilities. They are duties of Cuban citizens, in addition to the other duties established by this Constitution and the laws, are:
Foreigners residing in the Republic are equal to Cubans:
The law establishes the cases and the form in which foreigners may be expelled from the national territory as well as the authorities empowered to decide in these cases.
The State guarantees, in accordance with the law, that people may access judicial bodies in order to obtain effective protection of their rights and legitimate interests. Fulfillment of judicial decisions is obligatory and disrespect of these decisions will result in liability for those who violate them.
The State recognizes the right of people to settle their disputes using alternate methods of conflict resolution, in accordance with the Constitution and the legal norms that are established for such purposes.
All people, as a guarantee of their legal protection, enjoy due process in the legal sphere as well as the administrative sphere and, consequently, enjoy the following rights:
Furthermore, in criminal proceedings, all people have the following guarantees:
Anyone illegally deprived of liberty, of their own account or by a third party, has the right to submit a writ of Habeas Corpus to a competent court, according to the requirements established in the law.
The State recognizes the right of all people to access their personal information in public registries, archives, or other databases, as well as request its non-disclosure or obtain a due correction, rectification, modification, update, or deletion.
The use and treatment of these data is performed according to that which is established in the law.
All people who have suffered undue harm or prejudice by leaders, functionaries, or employees of the State while exercising the duties of their position have the right to issue a complaint and receive the corresponding redress or indemnity as established by the law.
Anyone whose rights as enshrined in this Constitution are violated and who, as a consequence, has suffered harm or prejudice by organs of the State, its leaders, functionaries, or employees while exercising their duties of their position or by undue oversight of these duties, as well as by individuals or by non-State entities, has the right to issue a complaint with the court to obtain restitution of their rights and, in accordance with the law, the corresponding redress or indemnity.
The law establishes the rights protected under this guarantee, and the preferential, expedited, and reduced proceedings to comply with it.
The legal system is governed by the principle of non-retroactivity of laws, except in penal matters when they are favorable to the accused or to the sanctioned person, and in the case of other laws, when they expressly permit it with regard to matters of social interest or public utility, which they must explicate in their content.
The organs of the State are formed and develop their activities upon the foundation of the principles of socialist democracy, which are expressed in the following rules:
The National Assembly of People's Power is the supreme organ of the power of the State. It represents the entire population and expresses their sovereign will.
The National Assembly of People's Power in the only organ with legislative and constituent power within the Republic.
The National Assembly of People's Power is composed of representatives elected through a free, equal, direct, and secret vote of the electors, in the proportion and according to the procedure determined by the law.
The National Assembly of People's Power is selected for a period of five years.
This period may only be extended by the Assembly itself through an agreement adopted by a majority of no less than two thirds of the total number of its members in cases of exceptional circumstances that impede the normal process of elections and only while those circumstances persist.
The National Assembly of People's Power, upon convening a new legislature, selects its President, Vice President, and Secretary from among its representatives.
The law regulates the form and the procedure through which the Assembly is constituted, and the election is realized.
The National Assembly of People's Power elects from among its representatives the Council of State, the organ that represents it between one or another period of sessions, executes its agreements, and performs the other functions that the Constitution and the law attribute to it.
The following duties correspond to the National Assembly of People's Power:
The National Assembly of People's Power, in the exercise of its duties:
The law regulates the procedure to make these duties effective.
The National Assembly of People's Power in its operations is governed according to the following principles:
The following duties correspond to the President of the National Assembly of People's Power:
In the case of absence, sickness, or death of the President of the National Assembly of People's Power, the Vice President will serve as a substitute in the President's role in accordance with the law.
The representatives have the duty of carrying out their work for the benefit of the interests of the people, to maintain bonds with their electors, to attend to their approaches, proposals, suggestions, criticisms, and to explain the policies of the State to them. Additionally, they report on their performance with respect to their duties according to that which is established in the law.
The National Assembly of People's Power adopts the methods that guarantee the suitable bonds of the representatives with their electors and with the local organs of the People's Power in the territory in which they were elected.
No representative may be detained nor submitted to a penal process without the authorization of the National Assembly of People's Power or the Council of State if the Assembly is not meeting, except in cases of flagrant crime.
Serving as a representative does not grant personal privileges nor economic benefits. During the time that they discharge their duties, representatives will receive the same remuneration as their place of work and they will maintain their link to it for the relevant purposes.
Representatives' mandate may be revoked at any moment in the form, for the causes, and according to the procedures established in the law.
Representatives have the right to ask the Council of State, the Council of Ministers, or the members of one or the other during the sessions of the National Assembly of People's Power; they also have the right for their questions to receive a response during the sessions during which they are asked or during the next session.
The National Assembly of People's Power, in order to better exercise its functions, creates temporary and permanent commissions composed of representatives, according to the principles of organization and operation prescribed by the law.
The representatives and the commissions have the right to request that the State organs or entities provide the necessary collaboration for them to carry out their operations, and they are obligated to provide it within the terms established by the law.
The Council of State is collegial, responsible before the National Assembly of People's Power, and reports to it regarding all of its activities.
The decrees with the force of law and agreements that the Council of State adopts will be sent for ratification by the National Assembly in the upcoming session.
The President, the Vice President, and the Secretary of the National Assembly of People's Power are also a part of the Council of State, which is composed of the other members selected for it.
Members of the Council of Ministers may not be members of the Council of State, nor may the highest authorities of the judicial, electoral, or State monitoring organs be members of the Council of Ministers.
The following duties correspond to the Council of State:
In all cases, the Council of State informs the National Assembly of People's Power during its next session of the corresponding actions;
All decisions of the Council of the State are adopted by a simple majority vote of its members.
The mandate entrusted to the Council of the State by the National Assembly of People's Power expires once the new Council of State elected in virtue of the Council's periodic renovations takes office.
The President of the Republic is the Chief of State.
The President of the Republic is elected by the National Assembly of People's Power from among its representatives, for a period of five years, reports to the Assembly, and is responsible for the management of the Assembly.
To be elected President of the Republic an absolute majority vote is required.
The President of the Republic may exercise the role for two consecutive periods, after which a person may not run for office again.
To be President of the Republic, one must have reached the age of thirty-five, enjoy full civil and political rights, be a Cuban citizen by birth, and not possess any other citizenship.
One must also be under the age of sixty in order to be elected to a first term in office.
The following duties correspond to the President of the Republic:
To be Vice President of the Republic, one must have reached the age of thirty-five, be in full enjoyment of their civil and political rights, be a Cuban citizen through birth and not possess any other citizenship.
The Vice President is elected in the same form and for the same period and mandate limit as the President of the Republic.
The Vice President of the Republic performs the responsibilities and possesses the powers delegated or assigned by the President of the Republic.
In the case of absence, illness, or the death of the President of the Republic, the Vice President will temporarily substitute for the President.
In the case of a definite absence, the National Assembly of People's Power will choose the new President of the Republic.
While the role of the Vice President of the Republic remains vacant, the National Assembly of People's Power will select a substitute.
If the absence is definitive, both in the case of the President or in the case of the Vice President of the Republic, the National Assembly of People's Power will select their substitutes. Until an election is realized, the President of the National Assembly of People's Power will assume, during the interim, the role of the President of the Republic.
The law regulates the procedures for substitution in these cases.
The President and the Vice President of the Republic remain in office until the election of their successors takes place within the National Assembly of People's Power.
The Council of Ministers is the maximum executive and administrative organ and it constitutes the Government of the Republic.
The Council of Ministers is composed of the Prime Minister, the Deputy Prime Ministers, the Ministers, the Secretary, and the other members determined by the law.
The Secretary General of the Workers' Central Union of Cuba will participate in the sessions of the Council of Ministers by his or her own right.
The Prime Minister, the Deputy Prime Ministers, the Secretary, and other members of the Council of Ministers determined by the President of the Republic will compose the Executive Committee.
The Executive Committee may make decisions regarding the questions sent to the Council of Ministers during the periods that take place between its sessions.
The Council of Ministers is responsible and must periodically submit reports of its activities to the National Assembly of People's Power.
The following duties correspond to the Council of Ministers:
The Council of Ministers is collegial and its decisions are adopted through a simple majority vote of its members.
The Council of Ministers remains in office until the government within the new legislature is designated.
The Prime Minister is the Head of Government of the Republic.
The Prime Minister is designated by the National Assembly of People's Power, upon the proposal of the President of the Republic, for a period of five years.
To be designated as the Prime Minister, one must obtain an absolute majority vote in favor.
The Prime Minister is responsible before the National Assembly of People's Power and before the President of the Republic, to whom the Prime Minister must report to and inform of his or her activities, those of the Council of Ministers or of its Executive Committee, on the occasions indicated to the Prime Minister.
To be Prime Minister, one must be a representative within the National Assembly of People's Power, have reached the age of thirty-five, be in full enjoyment of the civil and political rights, be a Cuban citizen through birth, and not possess any other citizenship.
The following duties correspond to the Prime Minister:
The following duties correspond to the members of the Council of Ministers:
The number, denomination, mission, and functions of the ministries and other organizations that form part of the Central Administration of the State are determined by law.
The function of imparting justice emanates from the people and is exercised in their name by the People's Supreme Court as well as the other tribunals that are established by the law.
The law establishes the objective principles of the judiciary's activity and regulates the organization of the courts; the jurisdiction and the extension of their competencies; the form in which they are constituted in order to administer justice; the participation of the lay judges; the requirements to serve as a magistrate within the People's Supreme Court or as a judge; the form of election of these as well as the causes and procedures for the removal or the cessation of their functions.
The courts constitute a system of State organs, structured with functional independence from any other.
The People's Supreme Court exercises the maximum judicial authority and its decisions are definitive.
Through its Council of Government, it does not exercise the legislative initiative or the regulatory power, it makes decisions and dictates norms that all courts are obligated to comply with, and, based upon their experiences, it imparts obligatory instructions to establish a uniform judicial practice in the interpretation and application of the law.
The magistrates and lay judges of the People's Supreme Court are elected by the National Assembly of People's Power or by the Council of State.
The law determines the election of other judges.
The magistrates and judges, in their function of imparting justice, are independent and do not owe obedience except to the law.
Additionally, they are irremovable from their position as long as there are no concurrent legal actions for the cessation of their duties or removal from their office.
The sentences and other final resolutions of the courts, issued within the limits of their competence, must be obligatorily obeyed by the organs of the State, the entities, and the citizens; both those who are directly affected by them as well as those without a direct interest in their execution must take part in them.
In the judicial proceedings in which the lay judges participate, they have the same rights and duties as the professional judges. The performance of their judicial duties, given their social importance, has priority with respect to their habitual occupation.
The audiences of all courts are public, except in cases in which State security, morality, public order, or respect for the person harmed by the crime or their family necessitate that they are held behind closed doors.
The People's Supreme Court reports to the National Assembly of People's Power regarding the results of its activities in the form and with the frequency established by the law.
The ability to remove magistrates or judges corresponds to the organ that elects them.
The Attorney General of the Republic is the organ of the State that has, as its fundamental mission, the exercise of oversight over criminal investigations and the exercise of the public penal action in representation of the State; additionally, the Attorney General ensures that the organs of the State, the entities, and the citizens observe strict compliance with the Constitution, the laws and other legal provisions.
The law determines the other objectives and functions, as well as the form, extension, and opportunity in which the Attorney General will exercise the powers of the office.
The Attorney General of the Republic constitutes an organic, indivisible, and functionally independent unit that is subordinate to the President of the Republic.
The management and regulation of the activity of the Attorney General's Office throughout the entire national territory corresponds to the Attorney General of the Republic.
The organs of the Attorney General's Office are organized vertically throughout the country, are subordinate only to the Attorney General of the Republic and are independent of all local organs.
The Attorney General of the Republic and the deputy attorneys general are elected and may be removed by the National Assembly of People's Power or by the Council of State.
The Attorney General of the Republic reports to the National Assembly of People's Power regarding his or her performance in the form and with the frequency established by the law.
The Comptroller General of the Republic is the organ of the State whose fundamental mission is to ensure the proper and transparent administration of public funds and the superior monitoring of administrative management.
The law regulates the other functions and aspects related to the Comptroller General's performance of his or her duties.
The Comptroller General of the Republic has functional independence with respect to any other organ, is vertically structured throughout the country and is subordinate to the President of the Republic.
The Comptroller General of the Republic is its maximum authority and the management and regulation of the Comptroller's activity throughout the country corresponds to this office.
The Comptroller General of the Republic reports to the National Assembly of People's Power regarding his or her performance in the form and with the frequency prescribed by the law.
The Comptroller General of the Republic and the deputy comptrollers general are elected or removed by the National Assembly of People's Power or the Council of State.
The initiative of the laws pertains to:
The law establishes the procedure to make its exercise effective.
The laws and decrees with the force of laws issued by the National Assembly of People's Power or the Council of State, as appropriate, take effect on the date that, in each case, the respective regulatory provision determines.
Laws, decrees with the force of laws, presidential decrees, decrees, resolutions, and other provisions of general interest issued by the competent organs are published in the Official Bulletin of the Republic.
The law establishes the procedure for the formulation and publication of these regulatory provisions, as well as when they will take effect.
The national territory, for political and administrative purposes, is divided into provinces and municipalities; their number, limits, and denomination are established by the law.
The law may establish other divisions or attribute regimes of administrative subordination and systems of special regulation to the municipalities or other territorial demarcations as it determines, based on their geographic location or their economic and social importance. In all cases, the representation of the people through the organs of people's power must be guaranteed.
Administrative districts may be organized within the municipalities, in accordance with the law.
Provinces enjoy legal personhood with all the legal effects thereof and are organized by the law as an intermediate level between the central State structures and the municipalities. The have a territorial extension that is equivalent to the total of the municipal territories within their territorial demarcation, which is under the direction of the Provincial Government of People's Power.
The municipality is the local society, organized by the law, that constitutes the primary fundamental political-administrative unit in the organization of the nation; a municipality enjoys autonomy and legal personhood, including all the legal effects thereof, with a territorial extension determined according to the necessary economic and social relations of its population as well as the interests of the nation, with the purpose of satisfactorily achieving the local necessities. A municipality is supported through its own funds in addition to allocations that it receives from the Government of the Republic for the purposes of the economic and social development of its territory, and for other goals of the State, under the direction of a Municipal Assembly of People's Power.
The autonomy of the municipality includes the election or designation of its authorities, the ability to decide how to use its resources, and the exercise of corresponding competencies, as well as to issue agreements and regulatory provisions necessary to exercise its powers in accordance with the Constitution and the laws.
The autonomy is exercised in accordance with the principles of solidarity, coordination, and collaboration with the other territories of the country and without harming the interests of the nation.
Each province is governed by a Provincial Government of People's Power which works closely with the people and is composed of a Governor and a provincial council.
The Provincial Government of People's Power represents the State and its fundamental mission is to work for the social and economic development of the territory, in accordance with the general objectives of the country and to act as a coordinator between the State's central structures and the municipalities, for which the provincial government contributes to harmonizing the interests of the province and its municipalities, and exercises the duties and functions recognized by the Constitution and the laws.
The Provincial Government of People's Power assists with the development of activities as well as with the implementation of the plans of the entities established within its territory that are not subordinate to it, in accordance with that which is outlined in the Constitution and the laws.
The Provincial Government of People's Power, in the exercise of its functions and duties, may not assume nor interfere in those that, according to the Constitution and the laws, are powers granted to the municipal organs of People's Power.
The Governor is the maximum executive-administrative authority within the province.
The Governor is elected by delegates of the Municipal Assemblies of People's Power, upon the proposal of the President of the Republic, for a period of five years and in accordance with the procedures established in the law.
In order to serve as a Governor, one must be a Cuban citizen by birth and may not possess any other citizenship, have reached the age of thirty, reside within the province, and be in full enjoyment of his or her civil and political rights.
The Governor is responsible before the National Assembly of People's Power, the Council of State, the Council of Ministers, and the Provincial Council, to whom the governor must report and provide information regarding his or her performance at the opportunity and with regard to the issues that they request.
The Governor organizes and directs the provincial administration for which he or she is assisted by the appropriate administrative entity.
The law determines the creation, structure, and functioning of the provincial administration, as well as its relations with the national and municipal organs of People's Power.
The following duties correspond to the Governor:
The Deputy Governor is elected in the same way, for the same period, and must meet the same requirements as the Governor.
The Deputy Governor performs the tasks delegated or assigned by the Governor.
Additionally, the Deputy Governor replaces the Governor in the case of absence, illness, or death, in accordance with the procedure prescribed in the law.
The Provincial Council is a deliberative and collegial organ that performs the functions prescribed within this Constitution and the laws.
Its decisions are adopted through a favorable vote of a simple majority of its members.
The Provincial Council is presided over by the Governor and is composed of the Deputy Governor, the presidents and vice presidents of the corresponding local assemblies of People's Power, and the municipal mayors.
The Provincial Council holds its ordinary sessions with the frequency established by the law, and the extraordinary sessions are held when they are convened by the Governor or requested by more than half of the members of the Provincial Council.
The following duties correspond to the Provincial Council:
The Municipal Assembly of People's Power is the superior organ or the State within the locality and, in consequence, it is invested with the highest authority within its territory; in order to do this, it will exercise the duties that the Constitution and the laws assign to it within the areas of its competence.
The Municipal Assembly of People's Power is composed of the representatives elected within each of the districts into which its territory is divided into for electoral purposes through the free, equal, direct, and secret vote of the electors.
The Municipal Assembly of People's Power with be renewed every five years, which is the term during which its representatives will hold office.
This mandate may only be extended through a decision of the National Assembly of People's Power, in the cases prescribed by the Constitution.
Upon its creation, the Municipal Assembly of People's Power will elect its President and Vice President and designate its Secretary, from among its representatives and in accordance with the requirements and the procedure prescribed by the law.
The President of the Municipal Assembly of People's Power represents the State within its territory.
The law establishes the duties of the President, the Vice President, and the Secretary of the Municipal Assembly of People's Power.
The ordinary and extraordinary sessions of the Municipal Assembly of People's Power are public, except in cases that the council agrees to hold behind closed doors, due to the interests of the State or due to the issue under consideration referring to the honor of the people involved.
During the sessions of the Municipal Assembly of People's Power, a quorum of more than half the total members must be present. The assembly's agreements are adopted by a simple majority vote.
The following duties correspond to the Municipal Assembly of People's Power:
The Municipal Assembly of People's Power, in order to exercise its functions, is supported by its working commissions, the people's councils, the initiatory and the ample participation of the population, and acts in close coordination with social and mass organizations.
The delegates perform the mandate that has been conferred upon them by their electors, in the interest of the entire community, for which they must share these functions, with their responsibilities and usual tasks. The law regulates the form in which they will perform these functions.
The delegates have the following rights:
The representatives have the following duties:
The representatives' mandate is revocable at any moment. The law determines the form, causes, and procedures for revocation.
The permanent working commissions are constituted by the Municipal Assembly of People's Power that attends to the specific interests of the locality. They are formed in order to assist with the realization of the activities within their locality and, in particular, in order to monitor the subordinate municipal entities.
Additionally, the commissions may request that the entities of other subordinate levels within the territory keep them informed regarding matters that directly affect the locality.
The temporary commissions perform the specific tasks assigned to them within the period indicated to them.
The People's Council is a local organ of People's Power that is representative, vested by the highest authority to perform its functions and, without constituting an intermediate authority for the purposes of the political-administrative division of the country, it is organized within cities, towns, neighborhoods, villages, and rural areas; it is made up of delegates elected within the districts of the locality's territorial demarcation. The delegates elected must also determine who among them will preside over the council.
Representatives of the social and mass organizations, as well as important entities within the territory, may be invited to the meetings of the People's Council, depending upon the issues and themes to be dealt with, with the principal objective of strengthening coordination and collective effort for the benefit the community, within the functions that they themselves perform.
The Popular Council represents the population of the area within which it acts as well as the Municipal Assembly of People's Power. It monitors the entities of production and services with a local impact, and it actively works to satisfy economic, health, welfare, educational, cultural, sport, recreational, and other needs as well as those in the area of prevention and social care, thereby promoting the maximum participation of the population and local initiatives in order to achieve these initiatives.
The law regulates the organization and duties of the People's Council.
The Municipal Assembly of People's Power, in order to guarantee the rights of petition and citizens' participation:
The law establishes the form and the way in which the citizens may exercise these guarantees.
The Municipal Administration's essential objective is to satisfy the needs of the collectivity within the territory under its jurisdiction with respect to the economy, health, welfare, education, culture, sports, recreation, and other needs, as well as to perform tasks related to prevention and social care.
The law determines the organization, structure, and operation of the Municipal Administration.
The Council of the Administration is designated by the Municipal Assembly of People's Power, to which it is subordinate and must report. Its composition, membership, and functions are established by the law.
The Council of the Municipal Administration is presided over by the Mayor, is collegial, performs executive and administrative functions, and manages the Municipal Administration.
All citizens with the legal capacity to do so have the right to contribute to the management of the State, either directly or through their elected representatives within the organs of People's Power and to participate, for this purpose, in the form prescribed by the law, through periodic elections, plebiscites, and popular referendums that will be free, equal, direct, and secret. Every elector has the right to a single vote.
Voting is a citizen's right. The vote is exercised voluntarily by Cuban citizens, both men and women, that have reached the age of sixteen, except:
The Electoral Registry is public and permanent; it is composed ex officio of all citizens with the legal capacity to vote in accordance with that which is prescribed by the law.
Cuban citizens, both women and men, that are in full enjoyment of their political rights and meet the other requirements established by law have the right to be elected.
If the election is for representatives on the National Assembly of People's Power, they must be over the age of 18.
Members of military institutions have the right to elect and to be elected, just as any other citizen.
The law determines the number of representatives that will make up the National Assembly of People's Power, in proportion to the number of inhabitants within the respective districts in which, for electoral purposes, the national territory is divided into.
The representatives on the National Assembly of People's Power and the delegates on the Municipal Assemblies of People's Power are elected through a vote of the electors that is free, equal, direct, and secret. The law regulates the procedure for their election.
To be considered elected, a representative or a delegate must have obtained more than half of the valid votes cast within the electoral district that the individual seeks to represent.
In the case that a vote of more than half is not obtained, or in other cases of vacant positions, the law regulates the form in which the election will proceed.
The National Electoral Council is the permanent organ of the State with the fundamental mission of organizing, directing, and supervising the elections, popular consultations, plebiscites, and referendums that are convened.
It handles and responds to the complaints that are lodged with regard to elections and performs the other functions recognized by the Constitution and the laws.
The National Electoral Council guarantees the veracity, transparency, efficiency, publicity, authenticity, and impartiality of the processes of democratic participation.
The National Electoral Council has functional independence with respect to any other organ and reports to the National Assembly of People's Power regarding the performance of its functions.
Additionally, once an electoral process is complete, it informs the nation of the result.
The National Electoral Council is made up of a President, a Vice President, a Secretary, and the other members prescribed by the law.
The members of the National Electoral Council are elected and removed, as necessary, by the National Assembly of People's Power or, in some cases, the Council of State.
The organization, functioning, membership, and designation of the electoral authorities at all levels is regulated by the law.
Persons that are nominated or who occupy popularly elected offices may not be members of the electoral organs.
The National Electoral Council monitors the production of and updates to the Electoral Registry, in accordance with that which is established in the law.
All State organs, their leaders and functionaries, and other entities are obligated to collaborate with the National Electoral Council in the exercise of their functions.
The Cuban State bases its policy of Defense and National Security on the defense of independence, territorial integrity, sovereignty, and peace through the prevention and consistent engagement with the risks, threats, and aggressions that affect their interests.
Its strategic conception of defense is based on the War of All the People.
The National Defense Council is the superior organ of the State whose primary mission is to organize, direct, and prepare the country during times of peace to defend itself and to ensure compliance with the norms in force related to the defense and security of the nation.
During extraordinary situations or disaster, it directs the country and assumes the duties that correspond to the organs of the State, with the exception of constituent power.
The National Defense Council is composed of the President of the Republic, who presides over it and, in turn, designates a Vice President and the other members determined by the law.
The law regulates the organization and operation of the National Defense Council and its structures at its various levels.
The military institutions of the State are the Revolutionary Armed Forces and the armed formations of the Ministry of the Interior that, in order to achieve their functions, rely on the participation of military and civilian personnel.
The law regulates the organization and operation of these institutions as well as the military service that citizens must perform.
The military institutions' essential mission is to ensure and maintain the independence and sovereignty of the State, its territorial integrity, its security, and peace.
In the interest of guaranteeing national defense and security in the case of foreign military aggression, the imminent threat of such aggression, or other circumstances that affect the nation's security and defense, extraordinary situations—the State of War, War, General Mobilization, or the State of Emergency—may be temporarily decreed throughout the entire country. The State of Emergency may also be decreed within a part of the national territory.
The law regulates the form in which situations of exception are declared, their effects, and their termination.
In the case of a disaster of any kind that affects the population or the economic or social infrastructure and that exceeds the capacity or the normal response and recovery of the country or of the territory affected, a Situation of Disaster may be decreed.
The law regulates the establishment, effects, and termination of Situations of Disaster.
While situations of exception and disaster are in force, the law determines the rights and duties recognized by the Constitution, whose exercise must be regulated in a different manner.
The National Defense Council, upon reestablishing normalcy within the country, reports to the National Assembly of People's Power regarding its decisions and management during this period.
This Constitution may only be reformed by the National Assembly of People's Power through an agreement adopted, in a nominal vote, by a majority of no less than two thirds of the total membership.
The following are able to promote Constitutional reforms:
When a reform refers to the composition and operation of the National Assembly of People's Power or of the Council of State, to the duties or the term of office of the President of the Republic, or to the rights, duties, and guarantees enshrined in the Constitution, a favorable vote of the majority of the electors within the nation during a referendum held for this purpose will also be required.
In no case will the pronouncements be reformed regarding the irrevocability of the socialism system established in Article 4 or the prohibition on negotiating under the circumstances prescribed in section a) of Article 16.
The representatives of the National Assembly of People's Power of the ninth legislature will maintain their offices until their term is over.
The current mandates of the representatives of the Municipal Assemblies of People's Power are extended to five years, counting from the date they take office.
Prior to the passage of six months after this Constitution has taken effect, the National Assembly of People's Power will approve a new Electoral Law that will regulate the election of the representatives on the National Assembly, its President, Vice President, and Secretary; the Council of State, the President and Vice President of the Republic; the members of the National Electoral Council; the provincial governors and deputy provincial governors; and the representatives of the municipal assemblies of People's Power, their President and their Vice President.
After approving the Electoral Law, the National Assembly of People's Power, within a period of three months, will elect from among its members its president, Vice President, Secretary, the other members of the Council of State, and the President and Vice President of the Republic.
Once elected, the President of the Republic proposes to the National Assembly of People's Power the appointments for Prime Minister, Deputy Prime Ministers, the Secretary, and other members of the Council of Ministers.
The provincial assemblies of People's Power will remain in office until the governors, deputy governors, and the provincial councilors take office.
The President of the Republic, once elected and within a period of three months, proposes the election of municipal governors and deputy municipal governors to the respective municipal assemblies of People's Power through their delegates.
Within a period of three months and following the election of provincial governors and deputy provincial governors, the municipal assemblies of People's Power will designate the individuals who will serve as mayors.
The National Assembly of People's Power, within a period of one year after the entrance into force of this Constitution, will approve its bylaws and those of the Council of State.
The Council of Ministers, within a period of two years after this Constitution takes effect, will present their proposal for new bylaws to the National Assembly of People's Power for the Council of Ministers and for the provincial governments.
The National Assembly of People's Power, within a period of two years after the Constitution takes effect, will approve the bylaws of the municipal assemblies of People's Power and of their councils of administration.
The Council of Government of the People's Supreme Court, within a period of eighteen months after this Constitution takes effect, will present to the National Assembly of People's Power a proposal of a new Law of the People's Courts that will have been adjusted to the changes presented by this Constitution as well as to the proposed modifications to the Law of Penal Procedure and to the Law of Civil, Administrative, Labor, and Economic Procedures, where appropriate.
In response to the Referendum that took place, the National Assembly of People's Power will, within a period of two years after the Constitution takes effect, begin the process of popular consultation and referendum for the Family Code program, which must include the form that a marriage may take.
The National Assembly of People's Power, within a period of eighteen months after this Constitution takes effect, will approve the legislative modifications required to effectuate that which is prescribed in Article 99, which refers to the possibility of citizens to access legal institutions in order to defend their rights.
The National Assembly of People's Power will approve, within a period of one year after this Constitution takes effect, a legislative schedule for the implementation of the laws developed by the precepts established in this Constitution.
The Constitution of the Republic of Cuba of February 24th, 1976, is derogated, which includes the changes made during the reforms of 1978, 1992, and 2002.
The present Constitution, once certified, will take effect upon its publication in the Official Bulletin of the Republic.