Cuba 2019 Constitution - Page 9 of 15

Table of Contents

Title VIII. Local Organs of People’s Power

Chapter I. The Provincial Government of People’s Power

Section One. General Provisions

Article 170

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.

Article 171

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.

Article 172

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.

Article 173

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.

Section Two. The Provincial Governor and Deputy Provincial Governor

Article 174

The Governor is the maximum executive-administrative authority within the province.

Article 175

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.

Article 176

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.

Article 177

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.

Article 178

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.

Article 179

The following duties correspond to the Governor:

To comply with, and ensure compliance with, the Constitution and the laws;
To convene and preside over the meetings of the Provincial Council;
To direct, coordinate, and monitor the labor of the organizing structures of the Provincial Administration and, within the area of his or her competence, to issue regulatory provisions and adopt the corresponding decisions;
To call for and to monitor the implementation of the economic development plan as well as the implementation of the province’s budget, in accordance with the policy agreed to by the competent national organs;
To call for and to monitor the implementation of the territorial and urban development and organization plans;
To designate and to substitute the leaders and functionaries of the provincial administration, and to submit for the ratification of the Provincial Council those cases that are prescribed by the law;
To present to the Council of Ministers, with prior agreement of the Provincial Council, the policy proposals that contribute to the province’s holistic development;
To inform the Council of Ministers, with prior agreement of the Provincial Council, of those decisions of the superior organs that affect the interests of the community or are considered to have overstepped the authority of those that adopted them;
To suspend the agreements and orders of the councils of the Municipal Administration that do not conform with the Constitution, the laws, decrees with the force of law, presidential decrees, and other acts of the organs of the State, or when they affect the interests of other localities or the general interests of the country, informing the respective Municipal Assembly of People’s Power during the first session held after said suspension occurs;
To revoke or to modify the decrees that are adopted by the administrative provincial authorities that answer to it that contravene the Constitution, the laws, and other orders that are in force, or those that affect the interests of other communities or the general interests of the country;
To create temporary commissions or working groups;
To arrange for the publication of the agreements of the Provincial Council that are of a general interest and to monitor their implementation, and
The other duties that the Constitution or the laws assign to it.

Article 180

The Deputy Governor is elected in the same way, for the same period, and must meet the same requirements as the Governor.

Article 181

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.

Section Three. The Provincial Council

Article 182

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.

Article 183

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.

Article 184

The following duties correspond to the Provincial Council:

To comply with, and, with respect to matters concerning the Council, to ensure compliance with, the Constitution and the laws adopted by the competent State organs, as well as with the Provincial Council’s own agreements;
To approve and to monitor, with regard to that which corresponds to it, the economic plan as well as the budget of the province;
To adopt agreements within the framework of the Constitution and the laws;
To orient and to coordinate the political, economic, cultural, scientific, social, defense, and public order activities provided for by the State;
To evaluate the results of the Municipal Administration’s management and approve the actions to be realized;
To approve policy proposals that contribute to the province’s holistic development, before their presentation to the Council of Ministers;
To reach decisions, upon the Governor’s request, on matters regarding the competent organs that affect the community’s interests or are considered to have overstepped the authority of those that adopted them;
To periodically analyze the provincial and municipal entities’ attention to the proposals of the electors within their territory as well as the complaints or requests of the population;
To make recommendations to the Governor regarding his or her reports and other issues for which the Governor consults the Provincial Council;
To propose the suspension of agreements or provisions of the municipal assemblies of People’s Power within their territory to the Council of State, when the municipal assemblies’ acts contravene the superior legal norms or otherwise affect the interests of the community;
To propose the revocation or modification of the agreements or orders of the municipal assemblies of People’s Power within their territory to the National Assembly of People’s Power when the municipal assemblies’ acts contravene the superior legal norms or otherwise affect the interests of the community;
To create commissions or temporary working groups, and
The other duties that the Constitution or the laws assign to it.

Chapter II. Municipal Organs of the People’s Power

Section One. The Municipal Assembly of People’s Power

Article 185

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.

Article 186

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.

Article 187

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.

Article 188

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.

Article 189

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.

Article 190

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.

Article 191

The following duties correspond to the Municipal Assembly of People’s Power:

To comply with and ensure compliance with the Constitution and other general regulatory provisions;
To approve and oversee, as appropriate, the economic plan, the budget, and the holistic development of the municipality;
To approve the urban and territorial development plans, and to oversee their implementation;
To select, designate, revoke, or substitute the President, Vice President, and Secretary of the Assembly, as necessary;
To designate or to substitute the Municipal Mayor, upon the proposal of the President of the Municipal Assembly;
To designate or to substitute the rest of the members of the Municipal Administration, upon the proposal of the Mayor;
To adopt agreements and to enact regulatory provisions within the area of its competency with regard to matters of municipal interest, and to ensure their realization;
To monitor and to oversee the activities of the Council of the Administration of the Municipality, assisting with its labor commissions, without prejudice to the monitoring activities performed by other organs and entities;
To organize and supervise, with regard to issues that concern it and in accordance with that which is established by the Council of Ministers or the Provincial Government, the operation and duties of the entities charged with realizing activities regarding the economy, production, service, health, assistance, prevention and social care, science, education, culture, recreation, sports, environmental protection, and other matters within the municipality;
To ensure and monitor compliance with legal obligations as well as the strengthening of the law, internal order, as well as the defensive capacity of the state within its territory;
To propose to the Council of Ministers or to the Governor, depending on the case, the revocation of the decisions adopted by their subordinate organs or authorities;
To revoke or to modify the decisions adopted by the subordinate organs or authorities when they contravene the superior legal norms, affect the interests of the community, or exceed the faculties of those that adopted them;
To approve the creation of the people’s municipal councils, with prior consultation of the Council of the State;
To assist, in accordance with that which is prescribed by the law, with the execution of the policies of the State within its territory, as well as with the development of the production and service activities of the other entities within the territory that are not subordinated to it;
To create working commissions and to approve the general guidelines for their work, and
Any other duty that is assigned to it by the Constitution and the laws.

Article 192

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.

Section Two. The Delegates of the Municipal Assembly of People’s Power

Article 193

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.

Article 194

The delegates have the following rights:

To participate with voice and vote in the sessions of the Municipal Assembly and in the meetings of the commissions and popular councils that they are a part of;
To request information from the President, the Vice President, the Secretary of the Municipal Assembly, the members of the commissions, and the Council of the Administration regarding issues relevant to the exercise of their functions, and to obtain a response within the same session or as soon as possible;
To request attention and information from entities throughout the territory with respect to situations or problems that affect their electors, with the obligation to respond in a timely manner, and
Any other right that the Constitution and the laws recognize.

Article 195

The representatives have the following duties:

To maintain a permanent relationship with their electors, promoting the community’s participation in the solution of its problems;
To inform the Municipal Assembly and the administration of the locality of the opinions, needs, and difficulties that are communicated to them by their electors, and to work towards generating solutions for them, with regard to that which pertains to them;
To inform the electors about the policies that are adopted by the Municipal Assembly as well as the means adopted to resolve the necessities proposed by the population or the difficulties encountered in attempting to resolve them;
To periodically report to the electors regarding their activities, in accordance with that which is established in the law, and to inform the Assembly, the Commissions, and the People’s Council to which they belong regarding their compliance with the tasks that have been entrusted to them when required, and
Any other duty that is recognized the Constitution and the laws.

Article 196

The representatives’ mandate is revocable at any moment. The law determines the form, causes, and procedures for revocation.

Section Three. Commissions of the Municipal Assembly of People’s Power

Article 197

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.

Section Four. The People’s Council

Article 198

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.

Article 199

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.

Section Five. Guarantees of the Right to Petition and Local Popular Participation

Article 200

The Municipal Assembly of People’s Power, in order to guarantee the rights of petition and citizens’ participation:

Convenes a popular consultation for matters of local interest in accordance with the Assembly’s powers;
Guarantees adequate attention to the proposals, complaints, and requests of the population;
Guarantees the right of the municipality’s population to propose to the Assembly the analysis of issues within its competence;
Maintains an adequate level of information for the population regarding the decisions that are of a general interest to them when they are adopted by the organs of People’s Power.
Analyzes, upon a petition of the citizens, its own agreements and orders or those of the subordinate municipal authorities if they are claimed to harm the interests of the citizens, both individual or collective in nature, and adopts the corresponding means of resolving them, and
Implements, within its competence, any other action that is necessary to guarantee these rights.

The law establishes the form and the way in which the citizens may exercise these guarantees.

Section Six. Municipal Administration

Article 201

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.

Article 202

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.

Article 203

The Council of the Municipal Administration is presided over by the Mayor, is collegial, performs executive and administrative functions, and manages the Municipal Administration.