Cuba 1976 Constitution (reviewed 2002) - Page 2 of 17

Table of Contents

CHAPTER I. POLITICAL, SOCIAL AND ECONOMIC FOUNDATIONS OF THE STATE

ARTICLE 1

Cuba is a socialist State of workers, independent and sovereign, organized with all and for the good of all, as a united, democratic republic, for the enjoyment of political freedom, social justice, individual and collective welfare, and human solidarity.

ARTICLE 2

The name of the Cuban State is Republic of Cuba; the official language is Spanish; and its capital is the city of La Havana.

ARTICLE 3

In the Republic of Cuba, the sovereignty resides in the people, from whom all of the power of the State emanates. That power is exercised directly or through the Assemblies of the People’s Power and other organs of the State derived from them, in the manner and according to the rules established by the Constitution and the laws.

All citizens have the right to fight, using all means, including armed struggle, when no other recourse is possible, against anyone attempting to overthrow the political, social, and economic order established by this Constitution.

Socialism and the social revolutionary political system instituted in this Constitution, proven by years of heroic resistance against all kinds of aggression and the economic war engaged by the government of the mightiest imperialistic power that has ever existed, and having demonstrated its ability to transform the country and create an entirely new and just society, shall be irrevocable, and Cuba shall never return to capitalism.

ARTICLE 4

The national symbols are those that have presided for more than one hundred years over the Cuban struggles for independence, for the people’s rights, and for social progress:

the flag with the solitary star;

the Bayamo anthem;

the coat-of-arms with the royal palm.

ARTICLE 5

The Communist Party of Cuba, Martian and of Marxist-Leninist, the organized vanguard of the Cuban nation, is the superior leading force of the society and the State, organizing and guiding the common efforts aimed at the highest goals of the construction of socialism and advancement toward the communist society.

ARTICLE 6

The Union of Young Communists, an advance organization of the Cuban youth, has the recognition and encouragement of the State in its preeminent function of promoting the active participation of the young masses in the tasks of socialist construction, and of suitably training the youth as conscious citizens, capable of assuming greater responsibilities each day for the benefit of our society.

ARTICLE 7

The Cuban socialist State recognizes and encourages the mass and social organizations that have emerged in the historic process of our people’s struggles, which gather in their core different sectors of the population, representing their specific interests and incorporating them into the tasks of construction, consolidation, and defense of the socialist society.

ARTICLE 8

The State recognizes, respects, and guarantees religious freedom.

In the Republic of Cuba, religious institutions are separate from the State.

The different creeds and religions enjoy equal consideration.

ARTICLE 9

The State:

implements the will of the working people and
- channels the efforts of the nation in the construction of socialism;
  
  maintains and defends the integrity and sovereignty of the fatherland;
  
  guarantees the freedom and full dignity of men, the enjoyment of their rights, the exercise and fulfillment of their obligations, and the total development of their personality;
  
  sustains the ideology and the norms of coexistence, and of conduct typical of the society free from exploitation of man by man;
  
  protects the creative work of the people, and the property and wealth of the socialist nation;
  
  directs the national economy in a planned manner;
  
  ensures the educational, scientific, technical, and cultural advancement of the country;
as the Power of the people, in the service of the people themselves, guarantees
- that there will be no man or woman capable of working who lacks an opportunity to obtain an employment with which he [or she] can contribute to the goals of society and fulfill his [or her] personal needs;
  
  that there will be no person incapacitated for work who lacks decent means of subsistence;
  
  that there will be no ill person lacking medical attention;
  
  that there will be no child lacking a school, food, and clothing;
  
  that there will be no youth lacking the opportunity for study;
  
  that there will be no one lacking access to study, culture, and sports;
works to achieve that no family lacks a comfortable home.

ARTICLE 10

All the organs of the State, their directors, functionaries and employees, operate within the limits of their respective authority, and are obliged to strictly observe socialist legality, and to ensure respect for it in the life of the entire society.

ARTICLE 11

The State exercises its sovereignty:

over the entire national territory, comprised of the Island of Cuba, the Island of La Juventud, the other islands and adjacent keys, the interior waters, and the territorial seas on the expanse established by the law, and the air space extending over these;
over the environment and the natural resources of the country;
over the natural resources, both living and nonliving, the waters, the beds, and the subsoil of the maritime economic zone of the Republic, on the expanse established by law, according to the international practice.

The Republic of Cuba repudiates and considers illegal and void any treaties, pacts or concessions entered into under inequitable conditions, or those disregarding or diminishing its sovereignty and territorial integrity.

The economic, diplomatic, and political relations with any other State shall never be negotiated under the aggression, intimidation or duress of a foreign power.

ARTICLE 12

The Republic of Cuba adopts anti-imperialist and internationalist principles, and

ratifies its aspiration for a worthy, true, and valid peace for all States, large and small, weak and powerful, based on the respect for the independence and sovereignty of peoples and the right to self-determination;
bases its international relations on the principles of equality of rights, free determination of peoples, territorial integrity, independence of States, international cooperation for mutual and equitable benefit and interest, peaceful settlement of controversies, marked by equality and respect, and the other principles proclaimed in the United Nations Charter and in other international treaties to which Cuba is a party;
reaffirms its desire for integration and cooperation with the nations of Latin America and the Caribbean, whose common identity and historic need for advancing together toward political and economic integration to achieve true independence would enable us to reach the position that corresponds to us in the world;
advocates the unity of all the countries of the Third World against the imperialist and neocolonialist policy seeking the limitation or subordination of the sovereignty of our peoples, and the aggravation of the economic conditions of exploitation and oppression in the underdeveloped nations;
condemns imperialism, the promoter and supporter of all fascist, colonialist, neocolonialist and racist manifestations, as the principal force of aggression and war and the enemy of the peoples;
repudiates the direct or indirect intervention in the internal or external affairs of any State and, hence, armed aggression and economic blockade, as well as any other type of economic or political coercion, physical violence against persons residing in other countries, or other types of interference in, and threat to, the integrity of the States and the political, economic, and cultural components of the nations;
rejects the violation of the irrevocable and sovereign right of any State to regulate the use and benefits of telecommunications in its territory, according to the universal practice and the international conventions that it has signed;
categorizes the war of aggression and conquest as an international crime, recognizes the legitimacy of struggles for national liberation, as well as armed resistance to aggression, and considers its internationalist obligation to support the one attacked and [stand] with the peoples who fight for their liberation and self-determination;
bases its relations with the countries building socialism on fraternal friendship, cooperation, and mutual aid, founded upon the common objectives of the construction of the new society;
maintains relations of friendship with the countries which, possessing a different political, social and economic regime, respect its sovereignty, observe the rules of coexistence among the States, adhere to the principles of mutual advantage, and adopt a reciprocal attitude with our country.

ARTICLE 13

The Republic of Cuba grants asylum to those persecuted for their ideals or struggles for democratic rights against imperialism, fascism, colonialism and neocolonialism; against discrimination and racism; for national liberation; for the rights and demands of the workers, peasants, and students; for their progressive political, scientific, artistic, and literary activities; and for socialism and peace.

ARTICLE 14

In the Republic of Cuba, the system of economy based on socialist ownership of the means of production by all the people prevails, and the suppression of exploitation of man by man.

Also in effect is the principle of socialist distribution: “from each according to his ability, to each according to his work.” The law stipulates the regulations which guarantee the effective fulfillment of this principle.

ARTICLE 15

The following are the socialist State property of all the people:

the land that does not belong to small farmers or cooperatives comprised of them, the subsoil, mines, natural resources, both living and nonliving, within the maritime economic zone of the Republic, and the forests, waters, and routes of communication;
the sugar mills, factories, fundamental means of transportation, and all enterprises, banks, and installations that have been nationalized and expropriated from imperialists, large estate owners, and the bourgeoisie; as well as factories, economic installations, and scientific, social, cultural and sports centers constructed, promoted, or acquired by the State, including those that it may construct, promote, or acquire in the future.

These assets may not be transferred as property to natural or juridical persons, except in the special cases wherein the partial or total transfer of any economic end is intended for purposes of the country’s development, and does not affect the political, social, and economic foundations of the State, with prior approval from the Council of Ministers or its Executive Committee.

As for the transfer of other rights over such assets to State enterprises and other authorized entities, action shall be taken in conformity with that provided in the law.

ARTICLE 16

The State organizes, directs and controls the national economic activity according to a plan that guarantees the programmed development of the country, with the aim of strengthening the socialist system; satisfying the material and cultural needs of the society and its citizens with constant improvement; and promoting the development of the human being and his dignity, [and] the country’s progress and security.

In the preparation and execution of the programs of production and development, an active, conscious role is played by the workers in all branches of the economy, and of those in the other areas of social life.

ARTICLE 17

The State directly administers the assets comprising the socialist property of all the people; or will be able to create and organize enterprises and entities to administer them, of which the structure, attributions, functions, and regime of relations are regulated by the law.

These enterprises and entities meet their obligations solely with their financial resources, within the limitations established by the law. The State is not responsible for the obligations contracted by the enterprises, entities, or other juridical persons; nor are the latter responsible for those of the former.

ARTICLE 18

The State directs and controls foreign commerce.

The law establishes the State institutions and authorities empowered to:

create foreign commerce enterprises;

standardize and regulate export and import operations; and

determine the natural or juridical persons with the legal capacity to engage in said export and import operations, and to negotiate commercial agreements.

ARTICLE 19

The State recognizes the ownership by small farmers of land that legally belongs to them, and of any other real estate, landed property and moveable properties that they may need for the operation in which they are engaged, in conformity with what the law establishes.

Small farmers, with prior authorization from the competent State agency, and in compliance with the other legal requirements, may incorporate their land only into agricultural-livestock cooperatives of production. They also may sell, exchange, or transfer it, through another title, to the State and to agricultural-livestock production cooperatives, or to small farmers, in the instances, forms and conditions that the law establishes without prejudice to the State’s preferential right to its purchase, through payment of its fair price.

It is prohibited to engage in leasing, sharecropping, mortgage loans, and any act entailing a lien or assignment to private persons of the rights emanating from the small farmers’ ownership of their land.

The State supports the individual production of small farmers who contribute to the national economy.

ARTICLE 20

Small farmers have the right to become associated with one another, in the manner and with the requirements that the law establishes, both for purposes of agricultural-livestock production and for the procurement of State loans and services.

The organization of agricultural-livestock production cooperatives is authorized in the instances and manner that the law establishes. This cooperative ownership is recognized by the State, and constitutes an advanced and efficient form of socialist production.

The agricultural-livestock production cooperatives administer, possess, use, and dispose of the assets of their property, in accordance with that established in the law and its regulations.

The land of the cooperatives may not be seized nor taxed, and its ownership may be transferred to other cooperatives or to the State, for the reasons and according to the procedure established in the law.

The State provides all possible backing to this type of agricultural-livestock production.

ARTICLE 21

Personal ownership of the income and savings derived from the person’s own work, of the housing that is possessed with a fair ownership title, and of other assets and objects that serve to satisfy the material and cultural needs of the person is guaranteed.

Also guaranteed is ownership of the means and instruments of personal or familial work, which may not be used to procure income derived from exploitation of the work of others.

The law establishes the amounts of personally owned assets that are seizable.

ARTICLE 22

The State recognizes the ownership by political, mass, and social organizations of the assets allocated to fulfill their objectives.

ARTICLE 23

The State recognizes the property of mixed enterprises, and by economic partnerships and associations that are established in conformity with the law.

The use, benefit, and disposal of the assets pertaining to the equity of the aforementioned entities are governed by that established in the law and treaties, as well as by their own statutes and regulations by which they are governed.

ARTICLE 24

The State recognizes the right to inheritance of the individually owned housing, and of other assets of personal property.

The land and the other assets linked to production comprising the property of small farmers are inheritable, and may be adjudicated only to those heirs who are working the land, but for the exceptions and according to the procedure that the law establishes.

The law specifies the instances, conditions, and the manner in which assets of cooperative ownership may be inheritable.

ARTICLE 25

The expropriation of assets is authorized for reasons of public utility or social interest and with due compensation.

The law establishes the method for the expropriation and the bases on which the need for and usefulness of this action are 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 or injuries 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 protects the environment and natural resources of the country. It recognizes their close link with the sustainable economic and social development for making human life more sensible, and for ensuring the survival, welfare, and security of present and future generations. It corresponds to the competent organs to implement this policy.

It is the duty of the citizens to contribute to the protection of the water and the atmosphere, and to the conservation of the soil, flora, fauna, and all the rich potential of nature.