Cuba 1976 Constitution (reviewed 2002)

CHAPTER XII. LOCAL ORGANS OF PEOPLE’S POWER

ARTICLE 103

The Assemblies of the People’s Power, established in the demarcated political- administrative areas into which the national territory is divided, are the local higher organs of the State’s power, and, consequently, they are endowed with the highest authority to discharge the State functions within their respective demarcated areas; and, to this end, they exercise the government within the bounds of their authority and conforming to the law.

They also contribute to the performance of the activities and the implementation of the plans of units established in their territory that are not subordinate to them, in conformity with that provided by the law.

The Local Administrations established by these Assemblies direct the locally subordinate economic, productive, and service entities, for the purpose of satisfying the economic, health and other assistance-related, educational, cultural, sports, and recreational needs of the collectivity of the territory to which the jurisdiction of each one extends.

For the discharge of their functions, the Local Assemblies of the People’s Power rely on the People’s Councils, and on the initiative and full participation of the population, operating in close cooperation with the mass and social organizations.

ARTICLE 104

The People’s Councils are established in cities, villages, neighborhoods, settlements, and rural zones; they are endowed with the highest authority for the discharge of their functions, represent the demarcated area in which they operate, and they are, simultaneously, representatives of the municipal, provincial, and national organs of the People’s Power.

They work actively for efficiency in the development of the productive and service activities, and for the fulfillment of the population’s assistance, economic, educational, cultural, and social needs, promoting the population’s full participation, as well as local initiatives, for the solution of its problems.

They coordinate the actions taken by the entities existing in their area of activity, they promote cooperation among them, and exercise control and supervision over their activities.

The People’s Councils are established with delegates elected in the districts, and must elect from among them the one who is to preside over them. Representatives of the mass organizations and the leading institutions in the demarcated area may serve on them.

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

ARTICLE 105

Within the bounds of their authority, the Provincial Assemblies of the People’s Power have the following functions:

1. to comply, and to require compliance with the laws and other provisions of a general nature adopted by the superior organs of the State;
2. to approve and control, according to the policy decided by the authorized national agencies, the execution of the ordinary plan and budget of revenues and expenditures of the province;
3. to elect and recall the President and Vice President of the Assembly itself;
4. to designate and replace the Secretary of the Assembly;
5. to participate in the elaboration and control of the execution of the budget and the technical-economic plan of the State corresponding to the entities established in their territory and subordinate to other levels of authority, according to the law;
6. to control and supervise the activity of the organ of Administration of the province, aided in this by their working commissions;
7. to designate and replace the members of the provincial organ of Administration, at the proposal of their President;
8. to determine, according to the principles established by the Council of Ministers, the organization, functioning, and tasks of the entities responsible for engaging in economic, productive, service, educational, health, cultural, sports, environmental protection, and recreational activities that are subordinate to the provincial organ of Administration;
9. to adopt resolutions on administrative matters concerning their territorial demarcation which, according to the law, do not come under the general authority of the Central Administration of the State or that of the municipal organs of State power;
10. to approve the creation and organization of the People’s Councils at the proposal of the Municipal Assemblies of the People’s Power;
11. to revoke, within the bounds of their authority, the decisions adopted by the provincial organ of administration, or to propose their revocation to the Council of Ministers, when they have been adopted on the basis of powers delegated by the agencies of the Central Administration of the State;
12. to be apprised of, and to evaluate the reports rendering accounts, submitted to them by their organ of Administration and the Assemblies of the People’s Power on a lower level, and to adopt the pertinent decisions regarding them;
13. to form and dissolve working commissions;
14. to attend to all matters relating to implementation of the policy on cadres devised by the higher organs of the State;
15. to reinforce the legality, internal order, and defense capacity of the country;
16. any other attributed to them by the Constitution and the laws.

ARTICLE 106

Within the bounds of their authority, the Municipal Assemblies of the People’s Power have the following functions:

1. to comply, and to require compliance with the laws and other provisions of a general nature adopted by the superior organs of the State;
2. to elect and recall the President and Vice President of the Assembly;
3. to designate and replace the Secretary of the Assembly;
4. to exercise supervision and control over the entities with municipal subordination, relying on their working commissions;
5. to revoke or modify the resolutions and orders of the organs or authorities subordinate to them that violate the Constitution, the laws, decree-laws, decrees, resolutions, and other provisions issued by the superior organs of the State, or that impair the interests of the community or of other territories, or the general interests of the country; or to propose their revocation to the Council of Ministers, when they have been adopted on the basis of powers delegated by the agencies of the Central Administration of the State;
6. to adopt resolutions and dictate provisions within the framework of the Constitution and the laws in effect, on matters of municipal interest, and to control their implementation;
7. to designate and replace the members of the organ of Administration at the proposal of their President;
8. to determine, according to the principles established by the Council of Ministers, the organization, functioning, and tasks of the entities responsible for engaging in economic, productive, service, and health activities, and others of an assistance, educational, cultural, sports, environmental protection, and recreational nature that are subordinate to their organ of Administration;
9. to propose the creation and organization of People’s Councils, in accordance with what is established in the law;
10. to establish and dissolve working commissions;
11. to approve the socio-economic plan and the budget of the municipality, gearing it to the policies revised for this purpose by the authorized agencies of the Central State Administration and to control their execution;
12. to contribute to the performance of activities and to the fulfillment of the production and service plans of the entities established in their territory that are not subordinate to them; for this purpose, they may rely on their working commissions and their organ of Administration;
13. to be apprised of, and to evaluate the reports rendering accounts, submitted to them by their organ of Administration, and to adopt the pertinent decisions regarding them;
14. to attend to all matters relating to implementation of the policy on cadres devised by the higher organs of the State;
15. to reinforce the legality, internal order, and defense capacity of the country;
16. any other attributed to them by the Constitution and the laws.

ARTICLE 107

The ordinary and special sessions of the Local Assemblies of the People’s Power are public, except in instances wherein it is decided to hold them inside closed doors, for reasons of the State’s interest, or because matters pertaining to the honor of persons are to be discussed.

ARTICLE 108

Required for the validity of the sessions of the Local Assemblies of the People’s Power is the presence of over half the total number of their members. Their decisions are adopted by a simple majority of votes.

ARTICLE 109

The entities organized to satisfy the local requirements for attaining their specific objectives are governed by laws, decree-laws, and decrees; by resolutions of the Council of Ministers; by provisions issued by the heads of the agencies of the Central Administration of State, in matters of general interest within its competence, requiring national regulation; and by resolutions of the local organs to which they are subordinate.

ARTICLE 110

The permanent working commissions are established by the Provincial and Municipal Assemblies of the People’s Power, attending to the specific interests of their locality, to aid them in conducting their activities and, especially, in exercising control and supervision over the locally subordinate entities, and the others corresponding to different levels of subordination that are established within their territorial demarcation.

The commissions of a temporary nature perform the specific tasks assigned to them within the term specified for them.

ARTICLE 111

The Provincial Assemblies of the People’s Power shall be replaced every five years, which is the term for the mandate of their delegates.

The Municipal Assemblies of the People’s Power shall be replaced every two and a half years, which is the term for their delegates’ mandates.

Said mandates will only be able to be extended by a decision of the National Assembly of the People’s Power, in the instances specified in Article 72.

ARTICLE 112

The mandate of the delegates to the Local Assemblies is revocable at any time. The law determines the manner, causes, and procedures to be revoked.

ARTICLE 113

The delegates fulfill the mandate conferred upon them by their electors in the interests of the entire community, for which purpose they must coordinate their functions as such with their usual responsibilities and tasks. The law regulates the manner in which these functions are to be discharged.

ARTICLE 114

The delegates fulfill the mandate of their electors in the interest of all the community, and they must:

1. make the opinions, needs and problems expressed by their electors known to the Assembly;
2. report to their electors on the policy of the Assembly and the measures adopted for solving the problems raised by the people or outline the reasons why they have not been solved; and
3. render accounts of their work on a regular basis to their electors and to the Assembly to which they belong.

ARTICLE 115

The delegates to the Provincial Assemblies of the People’s Power are obligated to perform their work for the benefit of the collectivity, and to render an account of their personal management according to the procedure that the law establishes.

ARTICLE 116

The Provincial and Municipal Assemblies of the People’s Power elect their President and Vice President from among their delegates.

The election is held by virtue of the candidacies proposed in the manner and according to the procedures that the law establishes.

ARTICLE 117

The Presidents of the Provincial and Municipal Assemblies of the People’s Power are, simultaneously, presidents of the respective Organs of Administration, and represent the State in their demarcated territorial areas. Their functions are established by the law.

ARTICLE 118

The organs of Administration established by the Provincial and Municipal Assemblies of the People’s Power operate in a collegiate manner, and their composition, formation, functions, and obligations are established in the law.

ARTICLE 119

The Provincial and Municipal Defense Councils, and the Defense Zone Councils, are established and prepared, during times of peace, to direct in their respective territories, under state of war conditions and during the war, the general mobilization or state of emergency, based on a general plan for defense and for the role and responsibilities that correspond to the military councils of the armies of the Armed Forces. The National Defense Council determines the organization and functions of these Councils in accordance with the law.