Cuba’s parliamentary history was born amidst the clamor of our independence wars, when the island’s insurgent forces met at La Manigua to form a single government, whose first action was to proclaim all men equal.

The first Constitution to be implemented in the country was written during the Guáimaro Assembly in April 1869. The document recognized that all inhabitants of the island were free, a principle that would never be abandoned and would feature just as prominently in the three other constitutions that were to emerge in the 19th century over the course of the country’s independence struggles: The Constitution of Baraguá (1878); Jimaguayú (1895); and La Yaya (1897).

And as difficult as it was to achieve national sovereignty, creating a Constitution that represented the people, that served citizens’ interests and not those of a certain social class or government, was just as arduous. However, this was a feat that could only be achieved through revolutionary struggle, the only way Cuba could secure full independence and create a Republic “with all and for the good of all,” as envisioned by Cuba’s national hero, José Martí.

FREEDOM CUT SHORT

To realize Martí’s ideal, the Cuban people would be obliged to take up arms again and resist the yoke of domination, no longer imposed by the Spanish, but this time by another interventionist nation. On the brink of winning the war, U.S. intervention in 1898 cut short Cuba’s sovereignty.

In 1901, following pressure, political maneuvers, and hostility from the U.S. – threatening to remain in the country – delegates to the Constituent Assembly of Cuba met to write and approve a new Constitution, one which reflected the situation on the island at the time, particularly its relations with the United States.

On June 12 that same year, and despite the gallant, noble protests of true independence fighters such as Juan Gualberto Gómez, Manuel Sanguily, and Bartolomé Masó, to name but a few, it was decided that an appendix would be added to the Magna Carta.

The Platt Amendment, a depressing document that not only reinforced Cuba’s dependence on a foreign power and semi-colonial status, but also put the island at the disposal of its northern neighbor, which was allowed to intervene unilaterally in Cuban affairs whenever it deemed necessary.

Violations of the law, subjugation, and mass repression characterized the island’s governments in the years to come. Dictator Gerardo Machado was a prime example of such when, despite widespread opposition, he proposed that the 1901 Constitution be reformed in order to extend his mandate, a decision that was approved in 1928.

However, it was under the government of President Mendieta in 1934, that the most extensive reforms were made to the Constitution, none of which, however had any significant impact, the majority being designed to provide operational solutions, or facilitate political and electoral manipulation.

Following the revolutionary struggles of the 1930s a new more progressive Constitution was created in 1940. The text was the result of historic processes undertaken since the time of Mella, student-led protests and the revolutionary actions of Antonio Guiteras.

It recognized principles such as workers’ right to strike and to employment, while prohibiting discrimination based on race, gender, or color. The new Constitution established the right to free universal education, public healthcare, as well as to suffrage, through a free, direct, and secret vote. However, many of its provisions required implementing legislation in Congress, much of which was never approved. Thus the Constitution of 1940 represented nothing more than a document of unfulfilled expectations and hopes, and was eventually suspended in 1952 when, four months before elections were scheduled to take place on June 1, General Fulgencio Batista, supported by a group of army officers and backed by the U.S., staged a coup; bringing the fragile and defenseless constitutionality to an end.

SOVEREIGNTY RESIDES IN THE PEOPLE

Although the 1940 Constitution signified progress, its previsions never translated into concrete deeds. Doing so would require another course of action, one which arrived in 1959 with the Revolution.

As such, Cuba would write another chapter of its history, full of profound and radical transformations which broke with old ways and gave life to a new society under construction.

This new reality would require an effective, functional, and efficient state apparatus, able to represent the people and make timely decisions.

Just as Fidel Castro would state during the First Party Congress: “The Revolution did not hasten to provide the country definitive state forms. It wasn’t simply a question of covering the basics, but about creating solid, well-planned, and lasting institutions able to respond to the country’s realities.”

However, the Constitution that had been in force until then and subjected to various changes since it was first written in 1940, needed to be urgently replaced by a new one, to reflect the changes that had taken place in the country.

The draft of the new Constitution was put in the hands of citizens. The text was analyzed in thousands of workplaces, educational centers, and military units across the country, as well as by internationalist collaborators serving abroad. Following the popular consultation process the document was reviewed during the First Party Congress; and as a result of various proposals, the prologue and 60 of the 141 articles were modified.

On February 17, 1976, during an extraordinary session of the Council of Ministers, it was announced that the new Constitution had been approved by over five million Cubans (97.7% of those who voted).

Later, the democratic character of the Revolution and citizens’ participation in national affairs was strengthened with the constitution of the National Assembly of People’s Power (ANPP), on December 2, 1976, the election of the Council of State, its president and vice presidents, and the appointment of the Council of Ministers.

SUBSEQUENT REFORMS

Fifteen years after the system of People’s Power had been established and looking to perfect and strengthen Cuba’s democracy, the postulates of the Constitution were enriched in 1992, through the Constitutional Reform Law which allowed adjustments to be made to the national economy in order to deal with the effect s of the Special Period.

Following a broad process of popular debate which culminated in the Call to the Fourth Party Congress, the Constitution was modified to include the direct election, by citizens, of deputies to the National Assembly and delegates to provincial assemblies of People’s Power, and made ownership of the means of production, and management and control of foreign trade more flexible.

Meanwhile, in 2002, in the wake of hegemonic and provocative remarks by then U.S. President George W. Bush – another example of that country’s continued interference in Cuban affairs – mass mobilizations were held throughout the country expressing support for Cuba’s political system and government.

At the same time a new, unprecedented constitutional reform process was launched, supported by eight million Cubans in a clear demonstration of unity and unwavering commitment to the defense of their full independence and sovereignty.

The updated version of the Constitution, and the one that exists today, clearly expresses the irrevocable socialist character of the country’s revolutionary social and political system, and that relations with other nations will never be negotiated under conditions of hostility or threats by a foreign power.

Work now underway following the recent extraordinary session of the National Assembly, on drafting and approving a new Magna Carta which responds to the needs of contemporary Cuban society, while upholding the fundamental principles of our socio-political system, is set to mark another milestone in the nation’s history.

(Granma)

Hence the importance of the approval June 2 by deputies of the 9th Legislature of the National Assembly of People’s Power (ANPP) of the beginning of the constitutional reform process, during their first extraordinary session; as well as the Commission created for the drafting of the new Constitution, chaired by Army General Raul Castro Ruz, First Secretary of the Communist Party of Cuba.

During the session, deputies also learned of the results of the experiment taking place in the provinces of Artemisa and Mayabeque, and agreed on the ten standing committees of the National Assembly, and the composition of its parliamentary friendship groups.

With the presence of the Army General and Miguel Díaz-Canel Bermúdez, President of the Councils of State and Ministers, the day began with a minute of silence in tribute to the victims of the tragic plane crash May 18, in the vicinity of the José Martí International Airport.

The President of the National Assembly, Esteban Lazo Hernández, also expressed gratitude for the messages of solidarity received from different regions of the world, on behalf of parliaments, friendship groups, and legislators.

EFFORTS THAT ADDRESS THE CAUSES OF PROBLEMS

The ten standing committees of the Cuban Parliament, approved June 2, are composed of 380 deputies and among their prioritized tasks are the monitoring of the constitutional reform process; supervising efforts to prevent and tackle crime, corruption and indiscipline; as well as continuing the perfecting of the People’s Power system and attention to the proposals of the population.

As was reported, of the total members of these committees, 57.6% are women, 82.8% completed higher education, and 17.15% mid-level education. Black and mixed race Cubans represent 42% of committee members, and 62 members are young people up to 35 years of age.

Regarding the work of the standing committees, Lazo Hernández stressed that it is necessary to identify and tackle the causes of problems, and that proposed solutions raise the quality of life of the population, with the certainty that we can be an increasingly hardworking, disciplined, and revolutionary people.

During the session, parliamentary and friendship groups with 93 countries were also approved, composed of 179 deputies. Their work, assured the ANPP president, is to disseminate the Cuban reality, defend the principles of the island’s foreign policy and dismantle the media campaigns orchestrated against the country.

ARTEMISA AND MAYABEQUE FURTHER PERFECT THEIR GOVERNANCE

Although there are still difficulties, associated mainly with administration, the overall outcome of the experiment underway since 2011 in the provinces of Artemisa and Mayabeque was described as positive by Leonardo Andollo Valdés, member of the Standing Committee for Implementation and Development.

As part of the information offered to deputies in this regard, he recalled that by agreement of the ANPP, August 1, 2011, it was decided to conduct an experiment in these provinces, within a period not exceeding 18 months, through the development of a working model for People’s Power local government, based on the separation, in different persons, of the leaderships of assemblies and their administration bodies.

This agreement, he noted, provided continuity to a process of experimentation that began with the creation of the two provinces, and put into practice a new structural and functional model of the provincial and municipal administrations.

This experiment was extended on three occasions (2012, 2014 and 2016) due, fundamentally, to shortcomings detected particularly in the actions of administrative bodies.

According to Andollo Valdés, during the last extension period, which concluded at the end of the 8th Legislature, more integrated work was developed, which allowed “some general progress” to be achieved.

Regarding the administrations, he highlighted the sustained growth of agricultural production, the increase in sales and income of the state enterprise system, as well as better indicators in the budget settlement. Similarly, he mentioned the positive results in health, education, sports, and culture, together with the gradual improvement of infrastructure.

However, he explained: “The provincial and municipal administrations, especially the latter, present a group of deficiencies on which we must continue to act. Therefore, it is expected to continue refining the model implemented.

“The Council of Ministers will be in charge of approving, for their subsequent extension (to other provinces), the operation, structure and composition variables of the administrations considered most appropriate.”

However, Valdés noted that the experience in the separation of the leaderships of the assemblies and their administrative bodies had seen superior results.

In this regard, he referred to the increase, both in Artemisa and Mayabeque, in the number of sessions of the assemblies, and of delegates’ attention to the proposals of the population. He also highlighted participation in the recently held general elections, where Mayabeque saw a turnout of 90.67%, and Artemisa 89.04%.

“Although there are other aspects in which they must continue working, the final evaluation is positive,” he said. In addition, he emphasized the importance of the position of vice president for administrative bodies, recently rolled out in all provinces, a vital step for the subsequent extension of the separation of functions, as considered pertinent.

SERVING THE PEOPLE: THE ESSENTIAL MISSION OF PEOPLE’S POWER

Although difficulties have manifested in the structure and functioning of administration bodies in Artemisa and Mayabeque, the results in the management of the assemblies support the appropriateness of the separation, through different people, of their own responsibilities and those of their respective administrations, emphasized José Luis Toledo Santander, president of the Standing Committee on Constitutional and Legal Affairs, upon providing the report on the experiment.

This separation, he noted, grants greater stability and professionalism to the administrations, designated by the assemblies, and makes their governance more efficient.

Meanwhile, the process allows assembly presidents to more effectively exercise control over administrative activity and, in turn, devote more time to the functions of the assembly, its standing committees, and people’s councils, as well as to direct and timely attention to delegates and the population.

In these conditions, he stressed, local administration and attention to the needs of territories are strengthened, and efficiency in the fundamental mission of assemblies – that of serving the people – increases.

Given all the above, he said, the separation of functions is considered relevant and the modification of article 117 of the Constitution is appropriate, with a view to extending this model to the rest of the country. Such results, he recommended, will be sent to the Commission in charge of drafting the constitutional document.

After the approval of the report by deputies, Tamara Valido, president of the Mayabeque Provincial Assembly, noted that despite the difficulties, the transformations have allowed greater attention to the opinions of the population and a superior response capacity to accumulated problems.

Meanwhile, Teresa Valentina Martínez, head of the Artemisa Administration Council, considered the People’s Power improvement program, which means strengthening the structures of government and the training of cadres, to be “opportune.”

The deputies also heard expert reports that emphasized the legislative procedures of the constitutional reform, as well as the functions and powers of the National Assembly, the highest government body of the country, and the only body with legislative and constituent powers.

(Granma)