Constitution of the Republic of Cuba (The Official Gazette of the Republic of Cuba)

Constitution of the Republic of Cuba
Author	The Official Gazette of the Republic of Cuba
Translated by	https://www-gacetaoficial-gob-cu.translate.goog/es/constitucion-de-la-republica-de-cuba?_x_tr_sl=auto&_x_tr_tl=en&_x_tr_hl=en-US&_x_tr_pto=wapp
Publisher	The Official Gazette of the Republic of Cuba
First published	February 24, 1976 https://www.gacetaoficial.gob.cu/es/constitucion-de-la-republica-de-cuba
PDF	https://www.gacetaoficial.gob.cu/sites/default/files/goc-2019-ex5_0.pdf

CONSTITUTION OF THE REPUBLIC

PREAMBLE

WE, THE PEOPLE OF CUBA, inspired by the heroism and patriotism of those who fought for a free, independent, sovereign, democratic homeland of social justice and human solidarity, forged in the sacrifice of our ancestors; by the aborigines who resisted submission; by the slaves who rebelled against their masters; by those who awakened national consciousness and the Cuban yearning for homeland and freedom; by the patriots who, beginning in 1868, initiated and participated in our independence struggles against Spanish colonialism, and by those whose victory was thwarted in the final push of 1895 by the intervention and military occupation of Yankee imperialism in 1898; by those who fought for more than fifty years against imperialist domination, political corruption, the lack of popular rights and freedoms, unemployment, exploitation imposed by capitalists, landowners, and other social evils; For those who promoted, integrated, and developed the first workers', peasants', and students' organizations; who spread socialist ideas and founded the first revolutionary Marxist and Leninist movements; for the vanguard members of the Centennial Generation of Martí's birth, who, nurtured by their teaching, led us to the popular revolutionary victory of January 1959; 70 Official Gazette, April 10, 2019; for those who, sacrificing their lives, defended the Revolution and contributed to its definitive consolidation; for those who massively carried out heroic internationalist missions; for the epic resistance and unity of our people;

GUIDED by the most advanced Cuban, Latin American and universal revolutionary, anti-imperialist and Marxist thought, in particular by the ideals and example of Martí and Fidel and the ideas of social emancipation of Marx, Engels and Lenin;

SUPPORTED by proletarian internationalism, fraternal friendship, aid, cooperation and solidarity of the peoples of the world, especially those of Latin America and the Caribbean;

DETERMINED to carry forward the Revolution of Moncada, Granma, the Sierra, the clandestine struggle, and the Bay of Pigs, which, supported by the contribution and unity of the main revolutionary forces and the people, achieved full national independence, established revolutionary power, carried out democratic transformations, and began the construction of socialism;

CONVINCED that Cuba will never return to capitalism as a regime based on the exploitation of man by man, and that only in socialism and communism does the human being achieve his full dignity;

AWARE that national unity and the leadership of the Communist Party of Cuba, born from 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 political, economic and social order;

IDENTIFIED with the postulates set forth in the concept of Revolution, expressed by our Commander in Chief Fidel Castro Ruz on May 1, 2000;

WE DECLARE our will that the law of laws of the Republic be presided over by this profound desire, finally achieved, of José Martí: “I want the first law of our Republic to be the cult of Cubans to the full dignity of man”; WE ADOPT by our free and secret vote, through popular referendum, one hundred and fifty years after our first Mambisa Constitution, approved in Guáimaro on April 10, 1869, the following: April 10, 2019 Official Gazette 71 CONSTITUTION TITLE I POLITICAL FOUNDATIONS CHAPTER I FUNDAMENTAL PRINCIPLES ARTICLE 1. Cuba is a socialist State of law and social justice, democratic, independent and sovereign, organized with all and for the good of all as a unitary and indivisible republic, founded on the work, dignity, humanism and ethics of its citizens for the enjoyment of freedom, equity, equality, solidarity, well-being and individual and collective prosperity. ARTICLE 2. The name of the Cuban State is the Republic of Cuba, the official language is Spanish and its capital is Havana. The national symbols are the flag of the lone star, the Anthem of Bayamo and the coat of arms of the royal palm. The law defines the characteristics that identify them, as well as their use and preservation. ARTICLE 3. In the Republic of Cuba, sovereignty resides inalienably in the people, from whom all power of the State emanates. The people exercise it directly or through the Assemblies of People's Power and other State bodies derived from them, in the manner and according to the norms established by the Constitution and the laws. ARTICLE 4. The defense of the socialist homeland is the greatest honor and the supreme duty of every Cuban. Treason is the most serious of crimes; whoever commits it is subject to the most severe penalties. The socialist system endorsed by this Constitution is irrevocable. Citizens have the right to fight by all means, including armed struggle when no other recourse is possible, against anyone who attempts to overthrow the political, social, and economic order established by this Constitution. ARTICLE 5. The Communist Party of Cuba, unique, Martian, Fidelist, Marxist, and Leninist, organized vanguard of the Cuban nation, sustained by its democratic character and permanent connection with the people, is the highest leading political force of society and the State. It organizes and guides common efforts in the construction of socialism and the advance toward a communist society. It works to preserve and strengthen the patriotic unity of Cubans and to develop ethical, moral, and civic values. ARTICLE 6. The Union of Young Communists, the vanguard organization of Cuban youth, enjoys the recognition and encouragement of the State, and contributes to the formation of the younger generations in the revolutionary and ethical principles of our society.and promotes their participation in the construction of socialism. 72 Official Gazette April 10, 2019 ARTICLE 7. The Constitution is the supreme legal norm of the State. Everyone is obliged to comply with it. The provisions and acts of the State bodies, their directors, officials, and employees, as well as of organizations, entities, and individuals comply with its provisions. ARTICLE 8. The provisions of the international treaties in force for the Republic of Cuba form part of or are integrated, as appropriate, into the national legal system. The Constitution of the Republic of Cuba prevails over these international treaties. ARTICLE 9. Strict compliance with socialist law is everyone's obligation. The State bodies, their directors, officials, and employees also ensure its respect in the life of all society and act within the limits of their respective powers. ARTICLE 10. The organs of the State, their directors, officials, and employees are obligated to respect, serve, and respond to the people, maintain close ties with them, and submit to their control, in the forms established in the Constitution and the laws. ARTICLE 11. The State exercises sovereignty and jurisdiction: a) over the entire national territory, consisting of the Island of Cuba, the Isle of Youth, the other adjacent islands and cays, the internal waters and the territorial sea to the extent established by law, the airspace above them, and the radioelectric spectrum; b) over the environment and natural resources of the country; c) over the natural resources, both living and non-living, of the seabed and the waters above it, and the subsoil of the sea within the exclusive economic zone of the Republic, to the extent established by law, in accordance with International Law; and d) over the continental shelf to the extent established by law and in accordance with International Law. It also exercises jurisdiction in the contiguous zone in accordance with International Law. ARTICLE 12. The Republic of Cuba repudiates and considers illegal and null any treaties, concessions, or pacts entered into under conditions of inequality or that ignore or diminish its sovereignty and territorial integrity. ARTICLE 13. The State has the following essential purposes: a) to channel the nation's efforts in the construction of socialism and strengthen national unity; b) to maintain and defend the independence, integrity, and sovereignty of the homeland; c) to preserve national security; d) to guarantee effective equality in the enjoyment and exercise of rights, and in the fulfillment of the duties enshrined in the Constitution and the laws; April 10, 2019 Official Gazette 73 e) to promote sustainable development that ensures individual and collective prosperity, and to obtain greater levels of equity and social justice,as well as preserve and multiply the achievements of the Revolution; f) guarantee the full dignity of individuals and their comprehensive development; g) strengthen the ideology and ethics inherent to our socialist society; h) protect the natural, historical, and cultural heritage of the nation; and i) ensure the educational, scientific, technical, and cultural development of the country. ARTICLE 14. The State recognizes and encourages mass and social organizations that bring together different sectors of the population, represent their specific interests, and incorporate them into the tasks of building, consolidating, and defending a socialist society. The law establishes the general principles on which these organizations are based and recognizes the performance of other forms of association. ARTICLE 15. The State recognizes, respects, and guarantees religious freedom. The Cuban State is secular. In the Republic of Cuba, religious institutions and fraternal associations are separate from the State and all have the same rights and duties. Different beliefs and religions enjoy equal consideration. CHAPTER II INTERNATIONAL RELATIONS ARTICLE 16. The Republic of Cuba bases its international relations on the exercise of its sovereignty and on anti-imperialist and internationalist principles, in accordance with the interests of the people and, consequently: a) reaffirms that economic, diplomatic and political relations with any other State may never be negotiated under aggression, threat or coercion; b) ratifies its aspiration for a dignified, true and valid peace for all States, based on respect for the independence and sovereignty of peoples and their right to self-determination, expressed in the freedom to choose their political, economic, social and cultural system, as an essential condition to ensure peaceful coexistence among nations; (c) upholds its will to strictly observe the principles and norms that constitute international law, in particular equal rights, territorial integrity, the independence of States, the non-use or threat of use of force in international relations, international cooperation for mutual and equitable benefit and interest, the peaceful settlement of disputes on the basis of equality, respect and the other principles proclaimed in the Charter of the United Nations; (d) reaffirms its will for integration and collaboration with the countries of Latin America and the Caribbean; (e) promotes the unity of all Third World countries and condemns imperialism, fascism, colonialism, neocolonialism or other forms of subjugation, in any of their manifestations; (f) promotes the protection and conservation of the environment and the confrontation with climate change, which threatens the survival of the human species, based on the recognition of common responsibilities,but differentiated; the establishment of a just and equitable international economic order and the eradication of irrational patterns of production and consumption; g) defends and protects the enjoyment of human rights and repudiates any manifestation of racism or discrimination; h) condemns direct or indirect intervention in the internal or external affairs of any State and, therefore, armed aggression, any form of economic or political coercion, unilateral blockades that violate international law, or any other type of interference or threat to the integrity of States; i) rejects the violation of the inalienable and sovereign right of every State to regulate the use and benefits of telecommunications within its territory, in accordance with universal practice and international conventions to which Cuba is a party; j) classifies aggression and wars of conquest as international crimes, recognizes the legitimacy of struggles for national liberation and armed resistance to aggression, and considers it its internationalist duty to stand in solidarity with the attacked party and with the peoples fighting for their liberation and self-determination; (k) promotes general and complete disarmament and rejects the existence, proliferation, or use of nuclear weapons, weapons of mass destruction, or other weapons with similar effects, as well as the development and use of new weapons and new forms of warfare, such as cyberwarfare, which violate international law; (l) repudiates and condemns terrorism in all its forms and manifestations, particularly State terrorism; (m) reaffirms its commitment to building a people-centered, inclusive, and sustainable development-oriented information and knowledge society in which all can create, access, use, and share information and knowledge to improve their quality of life; and advocates the cooperation of all States and the democratization of cyberspace, and condemns its use and that of the radio spectrum for purposes contrary to the above, including the subversion and destabilization of sovereign nations; (n) bases its relations with countries building socialism on fraternal friendship, cooperation, and mutual assistance; ñ) maintains and fosters friendly relations with countries that, despite having a different political, social, and economic regime, respect their sovereignty, observe the rules of coexistence between States, and adopt a reciprocal attitude with our country, in accordance with the principles of International Law; i) promotes multilateralism and multipolarity in international relations as alternatives to political, financial, and military domination and hegemony, or any other manifestation that threatens the peace, independence, and sovereignty of peoples. April 10, 2019 Official Gazette 75 ARTICLE 17. The Republic of Cuba may grant asylum, in accordance with the law,to those persecuted for their ideals or struggles for national liberation, for progressive activities, for socialism and peace, for democratic rights and their demands, as well as those who fight against imperialism, fascism, colonialism, neocolonialism and any other form of domination, discrimination and racism. TITLE II ECONOMIC FOUNDATIONS ARTICLE 18. The Republic of Cuba is governed by a socialist economic system based on the ownership of the fundamental means of production by all the people as the principal form of property, and the planned management of the economy, which takes into account, regulates and controls the market according to the interests of society. ARTICLE 19. The State directs, regulates and controls economic activity, reconciling national, territorial, collective and individual interests for the benefit of society. Socialist planning constitutes the central component of the system for directing economic and social development. Its essential function is to project and guide strategic development, anticipating the appropriate balances between resources and needs. ARTICLE 20. Workers participate in the planning, regulation, management, and control processes of the economy. The law regulates the participation of labor collectives in the administration and management of state-owned business entities and budgeted units. ARTICLE 21. The State promotes the advancement of science, technology, and innovation as essential elements for economic and social development. It also implements forms of organization, financing, and management of scientific activity; it encourages the systematic and accelerated introduction of its results into production and service processes, through the corresponding institutional and regulatory framework. ARTICLE 22. The following are recognized as forms of property: a) socialist property of all the people: in which the State acts on behalf of and for the benefit of the people as owner; b) cooperative: based on the collective labor of its member-owners and the effective exercise of the principles of cooperativism; c) of political, mass and social organizations: that which these subjects exercise over the assets destined to fulfill their purposes; d) private: that which is exercised over certain means of production by Cuban or foreign natural or legal persons; with a complementary role in the economy; e) mixed: that formed by the combination of two or more forms of ownership; f) of institutions and associative forms: that which these subjects exercise over their assets for the fulfillment of non-profit purposes; 76 Official Gazette April 10, 2019 g) personal: that which is exercised over assets that, without constituting means of production, contribute to the satisfaction of the material and spiritual needs of their owner.All forms of ownership of the means of production interact under similar conditions; the State regulates and controls the manner in which they contribute to economic and social development. The law regulates matters relating to the exercise and scope of these forms of ownership. ARTICLE 23. The following shall be the socialist property of all the people: lands not belonging to individuals or cooperatives formed by them, the subsoil, mineral deposits, mines, forests, waters, beaches, communication routes, and natural resources, both living and non-living, within the exclusive economic zone of the Republic. These assets may not be transferred as property to natural or legal persons and are governed by the principles of inalienability, imprescriptibility, and non-seizability. The transfer of other rights that do not entail a transfer of ownership of these assets shall be made with the prior approval of the Council of State, in accordance with the provisions of the law, provided that they are used for the purposes of the country's economic and social development and do not affect the political, economic, and social foundations of the State. ARTICLE 24. The socialist property of all the people includes other assets such as infrastructure of general interest, major industries and economic and social facilities, as well as other assets of a strategic nature for the country's economic and social development. These assets are not subject to seizure and may be transferred into ownership only in exceptional cases, provided they are used for the purposes of the country's economic and social development and do not affect the political, economic, and social foundations of the State, subject to prior approval by the Council of Ministers. Regarding the transfer of other rights over these assets, as well as their management, they shall act in accordance with the provisions of the law. Budgeted institutions and state-owned enterprises have other assets that are the socialist property of all the people, over which they exercise their corresponding rights in accordance with the provisions of the law. ARTICLE 25. The State creates budgeted institutions to essentially fulfill state and social functions. ARTICLE 26. The State creates and organizes state-owned enterprises for the purpose of developing economic activities related to production and the provision of services. These entities are responsible for the obligations incurred with their assets, within the limits established by law. The State is not responsible for the obligations incurred by state-owned business entities, nor are these responsible for the State's obligations. April 10, 2019 Official Gazette 77 ARTICLE 27. The socialist state enterprise is the principal entity of the national economy. It enjoys autonomy in its administration and management; it plays the main role in the production of goods and services and fulfills its social responsibilities.The law regulates the principles of organization and operation of the socialist state enterprise. ARTICLE 28. The State promotes and guarantees foreign investment as an important element for the country's economic development, based on the protection and rational use of human and natural resources, as well as respect for national sovereignty and independence. The law establishes matters relating to the development of foreign investment in the national territory. ARTICLE 29. Private ownership of land is regulated by a special regime. Leasing, sharecropping, and mortgage loans to individuals are prohibited. The purchase and sale or other onerous transfer of this property may only be carried out upon compliance with the requirements established by law and without prejudice to the State's preferential right to acquire it upon payment of its fair price. Non-onerous transfers of ownership or rights of use and enjoyment of this property are carried out with prior authorization from the competent authority and in accordance with the provisions of the law. ARTICLE 30. The concentration of property ownership in natural persons or non-state legal entities is regulated by the State, which also guarantees an increasingly fair redistribution of wealth, in order to preserve the limits compatible with the socialist values ​​of equity and social justice. The law establishes regulations that guarantee its effective compliance. ARTICLE 31. Work is a fundamental value of our society. It constitutes a right, a social duty, and a source of honor for all persons able to work. Paid work must be the principal source of income that sustains decent living conditions, enhances material and spiritual well-being, and allows for the realization of individual, collective, and social projects. Remuneration based on work performed is complemented by the equitable and free provision of universal social services and other benefits. TITLE III FOUNDATIONS OF EDUCATIONAL, SCIENTIFIC AND CULTURAL POLICY ARTICLE 32. The State guides, encourages and promotes education, science and culture in all their manifestations. In its educational, scientific and cultural policy, it adheres to the following postulates: a) it is based on the advances of science, creation, technology and innovation, Cuban and universal progressive pedagogical thought and tradition; b) teaching is a function of the State, is secular and is based on the contributions of science and the principles and values ​​of our society; c) education promotes knowledge of the nation's history and develops a high level of ethical, moral, civic and patriotic values; d) it promotes citizen participation in the implementation of its educational, scientific and cultural policy; e) it guides, encourages and promotes physical culture,Recreation and sports in all their forms as a means of education and contribution to the comprehensive development of individuals; f) creative and investigative activity in science is free. Scientific research is encouraged with a focus on development and innovation, prioritizing research aimed at solving problems that affect the interests of society and the benefit of the people; g) the training and employment of people required for the country's development is fostered to ensure scientific, technological, and innovation capabilities; h) freedom of artistic creation is promoted in all its forms of expression, in accordance with the humanistic principles that underpin the State's cultural policy and the values ​​of a socialist society; i) artistic and literary education, the vocation for creation, the cultivation of art, and the capacity to appreciate it are encouraged and developed; j) it defends Cuban identity and culture and safeguards the nation's artistic, heritage, and historical wealth; and k) it protects the nation's monuments and places notable for their natural beauty or for their recognized artistic or historical value. TITLE IV CITIZENSHIP ARTICLE 33. Cuban citizenship is acquired by birth or by naturalization. ARTICLE 34. The following are Cuban citizens by birth: a) those born in the national territory, with the exception of the children of foreigners who are in the service of their government or of international organizations. The law establishes the requirements and formalities for the children of foreigners who are not permanent residents in the country; b) those born abroad to a Cuban father or mother who is on an official mission, in accordance with the requirements and formalities established by law; c) those born abroad to a Cuban father or mother, upon compliance with the requirements and formalities established by law; and d) those born outside the national territory to a Cuban father or mother by birth who have lost Cuban citizenship, provided that they claim it in the manner established by law. April 10, 2019 Official Gazette 79 ARTICLE 35. The following are Cuban citizens by naturalization: a) foreigners who acquire citizenship in accordance with the provisions of the law; b) those who obtain Cuban citizenship by decision of the President of the Republic. ARTICLE 36. The acquisition of another citizenship does not imply the loss of Cuban citizenship. Cuban citizens, while in the national territory, are governed by that status, in the terms established by law, and may not exercise a foreign citizenship. ARTICLE 37. Marriage, de facto union, or its dissolution does not affect the citizenship of spouses, partners, or their children. ARTICLE 38. Cubans may not be deprived of their citizenship, except for legally established causes.The law establishes the procedure to be followed for formalizing the loss or renunciation of citizenship and the authorities empowered to decide so. ARTICLE 39. Cuban citizenship may be restored upon compliance with the requirements and formalities prescribed by law. TITLE V RIGHTS, DUTIES, AND GUARANTEES CHAPTER I GENERAL PROVISIONS ARTICLE 40. Human dignity is the supreme value that underpins the recognition and exercise of the rights and duties enshrined in the Constitution, treaties, and laws. ARTICLE 41. The Cuban State recognizes and guarantees to the individual the inalienable, imprescriptible, indivisible, universal, and interdependent enjoyment and exercise of human rights, in accordance with the principles of progressiveness, equality, and non-discrimination. Respect for and guarantee of these rights is binding on all. ARTICLE 42. All persons are equal before the law, receive equal protection and treatment from the authorities, and enjoy the same rights, freedoms, and opportunities, without any discrimination based on 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 entails a distinction detrimental to human dignity. All have the right to enjoy the same public spaces and service establishments. Likewise, they receive equal pay for equal work, without any discrimination. Violation of the principle of equality is prohibited and punishable by law. ARTICLE 43. Women and men have equal rights and responsibilities in the economic, political, cultural, labor, social, family, and any other spheres. The State guarantees that both are offered the same opportunities and possibilities. 80 Official Gazette April 10, 2019 The State promotes the comprehensive 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 its manifestations and spaces, and creates the institutional and legal mechanisms for this. ARTICLE 44. The State creates the conditions to guarantee equality. It educates people from the earliest age in respect for this principle. The State makes this right effective by implementing public policies and laws to promote social inclusion and safeguard the rights of people whose conditions require it. ARTICLE 45. The exercise of people's rights is only limited by the rights of others, collective security, general well-being, respect for public order, the Constitution, and the laws. CHAPTER II RIGHTS ARTICLE 46. All people have the right to life, physical and moral integrity, liberty, justice, security, peace, health, education, culture, recreation,Sport and its comprehensive development. ARTICLE 47. People have the right to the free development of their personality and must maintain among themselves a conduct of respect, fraternity, and solidarity. ARTICLE 48. All persons have the right to respect for their personal and family privacy, their own image and voice, their honor and personal identity. ARTICLE 49. The home is inviolable. No one may enter another's home without the permission of the person residing therein, except by express order of the competent authority, with the legal formalities and for reasons previously defined by law. ARTICLE 50. Correspondence and other forms of communication between people are inviolable. They may only be intercepted or recorded by express order of a competent authority, in the cases and with the formalities established by law. Documents or information obtained in violation of this principle do not constitute evidence in any proceeding. ARTICLE 51. Persons may not be subjected to enforced disappearance, torture, or cruel, inhuman, or degrading treatment or punishment. ARTICLE 52. Persons are free to enter, remain, move around, and leave the national territory, and to change their domicile or residence, with no limitations other than those established by law. ARTICLE 53. All persons have the right to request and receive truthful, objective, and timely information from the State, and to access information generated by State bodies and entities, in accordance with established regulations. ARTICLE 54. The State recognizes, respects, and guarantees individuals' freedom of thought, conscience, and expression. Conscientious objection may not be invoked for the purpose of evading compliance with the law or preventing others from complying with it or exercising their rights. April 10, 2019 Official Gazette 81 ARTICLE 55. Individuals are granted freedom of the press. This right is exercised in accordance with the law and the purposes of society. The fundamental means of social communication, in any of their manifestations and media, are the socialist property of all the people or of political, social, and mass organizations; and may not be subject to any other type of ownership. The State establishes the principles of organization and operation for all media. ARTICLE 56. The rights of assembly, demonstration, and association, for lawful and peaceful purposes, are recognized by the State provided they are exercised with respect for public order and adherence to the precepts established by law. ARTICLE 57. Everyone has the right to profess or not to profess religious beliefs, to change them, and to practice the religion of their choice, with due respect for other religions and in accordance with the law. ARTICLE 58. Everyone has the right to the enjoyment of property belonging to them. The State guarantees their use, enjoyment, and free disposal, in accordance with the provisions of the law.The expropriation of property is authorized only for reasons of public utility or social interest and with due compensation. The law establishes the bases for determining its utility and necessity, the guarantees due, the procedure for expropriation, and the form of compensation. ARTICLE 59. The confiscation of property is applied only as a sanction ordered by a competent authority, in the proceedings and through the procedures established by law. When the confiscation of property is ordered in an administrative proceeding, the person is always guaranteed defense before the competent courts. ARTICLE 60. In its penitentiary policy, the State promotes the social reintegration of persons deprived of liberty, guarantees respect for their rights, and compliance with the standards established for their treatment in penitentiary establishments. It also provides for the care and social reintegration of persons serving non-custodial criminal sentences or serving other types of measures imposed by the courts. ARTICLE 61. Individuals have the right to address complaints and petitions to the authorities, who are obligated to process them and provide timely, pertinent, and substantiated responses within the timeframe and according to the procedure established by law. ARTICLE 62. Individuals are recognized the rights derived from intellectual creation, in accordance with the law and international treaties. Acquired rights are exercised by creators and owners in accordance with the law, based on public policies. ARTICLE 63. The right to succession upon death is recognized. The law regulates its content and scope. 82 Official Gazette April 10, 2019 ARTICLE 64. The right to work is recognized. Every person able to work has the right to obtain decent employment, consistent with their choice, qualifications, aptitude, and the demands of the economy and society. The State organizes institutions and services that facilitate the performance of their responsibilities by working families. ARTICLE 65. Everyone has the right to remuneration for their work according to the quality and quantity of their work, an expression of the socialist principle of distribution: "from each according to their ability, to each according to their work." ARTICLE 66. The labor of girls, boys, and adolescents is prohibited. The State provides special protection to adolescents who have graduated from technical and vocational education or others who, in exceptional circumstances defined by law, are authorized to enter the workforce, in order to guarantee their training and comprehensive development. ARTICLE 67. Every working person has the right to rest, which is guaranteed by an eight-hour workday, weekly rest, and paid annual vacations. The law defines other situations in which different workdays and work schedules may be exceptionally approved.with due correspondence between working time and rest. ARTICLE 68. Every working person has the right to social security. The State, through the social security system, guarantees adequate protection when they are 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 accordance with their care and attention. In the event of the death of a working person or a pensioner, the State provides similar protection to their family, in accordance with the provisions of the law. ARTICLE 69. The State guarantees the right to safety and health at work by adopting appropriate measures to prevent occupational accidents and diseases. Any person who suffers an occupational accident or contracts an occupational disease has the right to medical care, to a subsidy or retirement in cases of temporary or permanent incapacity for work, or to other forms of social security protection. ARTICLE 70. The State, through social assistance, protects persons without resources or support, who are unable to work, who lack relatives able to provide assistance; and families who, due to insufficient income, so require, in accordance with the law. ARTICLE 71. All persons are recognized the right to adequate housing and a safe and healthy habitat. The State makes this right effective through housing construction, rehabilitation, and conservation programs, with the participation of entities and the population, in accordance with public policies, territorial and urban planning regulations, and laws. April 10, 2019 Official Gazette 83 ARTICLE 72. Public health is a right of all persons, and it is the State's responsibility to guarantee access to, free of charge, and quality of care, protection, and recovery services. To make this right effective, the State establishes a health system accessible to the population at all levels and develops prevention and education programs, in which society and families contribute. The law defines the manner in which health services are provided. ARTICLE 73. Education is a right of all persons and the responsibility of the State, which guarantees free, affordable, and quality educational services for comprehensive training, from early childhood through postgraduate university education. To make this right effective, the State establishes a broad system of educational institutions of all types and levels, providing the opportunity to study at any stage of life according to aptitudes, social demands, and the needs of the country's socioeconomic development. Society and families have a responsibility in education.The law defines the scope of compulsory education, the basic general preparation that must be acquired as a minimum; adult education; and postgraduate or other complementary studies that may, in exceptional circumstances, be paid for. ARTICLE 74. 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 the teaching and practice of physical education and sports as part of the comprehensive education of children, adolescents, and youth. The State creates the conditions to guarantee the necessary resources dedicated to the promotion and practice of sports and recreation for the people, as well as for the preparation, care, and development of sports talents. ARTICLE 75. All people have the right to enjoy a healthy and balanced environment. The State protects the environment and the country's natural resources. It recognizes their close connection with the sustainable development of the economy and society to make human life more rational and ensure the survival, well-being, and security of current and future generations. ARTICLE 76. All persons have the right to water. The State creates the conditions to guarantee access to drinking water and its sanitation, with due compensation and rational use. ARTICLE 77. All persons have the right to healthy and adequate food. The State creates the conditions to strengthen food security for the entire population. ARTICLE 78. All persons have the right to consume quality goods and services that do not harm their health, and to access accurate and truthful information about these services, as well as to receive equitable and dignified treatment in accordance with the law. 84 Official Gazette April 10, 2019 ARTICLE 79. All persons have the right to participate in the cultural and artistic life of the nation. The State promotes culture and the various artistic manifestations, in accordance with cultural policy and the law. ARTICLE 80. Cuban citizens have the right to participate in the formation, exercise, and control of State power; For this reason, they may, in accordance with the Constitution and the laws: a) be registered in the electoral register; b) propose and nominate candidates; c) elect and be elected; d) participate in elections, plebiscites, referendums, popular consultations and other forms of democratic participation; e) express an opinion on the accounts presented to them by those elected; f) revoke the mandate of those elected; g) exercise legislative initiative and reform of the Constitution; h) perform public functions and offices; and i) be informed of the management of State bodies and authorities. CHAPTER III FAMILIES ARTICLE 81. Everyone has the right to found a family. The State recognizes and protects families,Regardless of its form of organization, marriage is the fundamental unit of society and creates the conditions to ensure that its goals are fully achieved. They are constituted by legal or de facto bonds of an emotional nature and are based on the equal rights, duties, and opportunities of their members. The legal protection of the various types of families is regulated by law. ARTICLE 82. Marriage is a social and legal institution. It is one of the forms of family organization. It is based on free consent and the equal rights, obligations, and legal capacity of the spouses. The law determines the form in which it is constituted and its effects. Furthermore, a stable and singular union with legal capacity is recognized, which in fact forms a common life plan and, under the conditions and circumstances established by law, generates the rights and obligations it provides. ARTICLE 83. All children have equal rights. Any qualification of the nature of filiation is prohibited. The State guarantees, through appropriate legal procedures, the determination and recognition of motherhood and fatherhood. ARTICLE 84. Motherhood and fatherhood are protected by the State. Mothers and fathers have essential responsibilities and functions in the education and comprehensive training of new generations in moral, ethical, and civic values, in accordance with life in our socialist society. April 10, 2019 Official Gazette 85 Mothers and fathers or other blood or related relatives who fulfill guardianship and caregiving roles have the duty to provide support to girls, boys, and adolescents, respect and guarantee the full exercise of their rights, protect them from all types of violence, and actively contribute to the full development of their personality. Children, in turn, are obliged to respect, care for, and protect their mothers, fathers, and other relatives, in accordance with the provisions of the law. ARTICLE 85. Domestic violence, in any of its forms, is considered destructive to the individuals involved, families, and society, and is punishable by law. ARTICLE 86. The State, society, and families provide special protection to children and adolescents and guarantee their harmonious and comprehensive development, taking into account their best interests in decisions and actions that concern them. Children and adolescents are considered full subjects of rights and enjoy those recognized in this Constitution, in addition to those inherent to their special status as developing persons. They are protected against all types of violence. ARTICLE 87. The State, society, and families recognize young people as active participants in society. To this end, they create the conditions for the full exercise of their rights and their comprehensive development. ARTICLE 88. The State,Society and families, as appropriate, have the obligation to protect, assist, and facilitate the conditions to meet the needs and improve the quality of life of older adults. Likewise, they must respect their self-determination, guarantee the full exercise of their rights, and promote their integration and social participation. ARTICLE 89. The State, society, and families have the obligation to protect, promote, and ensure the full exercise of the rights of persons with disabilities. The State creates the conditions required for their rehabilitation or the improvement of their quality of life, their personal autonomy, and their inclusion and social participation. CHAPTER IV DUTIES ARTICLE 90. The exercise of the rights and freedoms provided for in this Constitution entails responsibilities. The duties of Cuban citizens, in addition to those established in this Constitution and the laws, are: a) to serve and defend the homeland; b) to comply with the Constitution and other legal norms; c) to respect and protect national symbols; d) to contribute to the financing of public expenses in the manner established by law; e) show due respect to the authorities and their agents; f) perform military and social service in accordance with the law; 86 Official Gazette April 10, 2019 g) respect the rights of others and not abuse their own; h) conserve, protect, and rationally use the assets and resources that the State and society place at the service of all the people; i) comply with the requirements established for the protection of health and environmental hygiene; j) protect natural resources, flora, and fauna, and ensure the preservation of a healthy environment; k) protect the country's cultural and historical heritage; and l) act, in their relations with people, in accordance with the principle of human solidarity, respect, and observance of the norms of social coexistence. CHAPTER V RIGHTS AND DUTIES OF FOREIGNERS ARTICLE 91. Foreigners residing in the territory of the Republic are equal to Cubans: a) in the protection of their persons and property; b) in the obligation to observe the Constitution and other legal norms; c) in the obligation to contribute to the financing of public expenses in the manner and amount established by law; d) in submission to the jurisdiction and resolutions of the courts of justice and authorities of the Republic; and e) in the enjoyment of the rights and fulfillment of the duties recognized in this Constitution, under the conditions and with the limitations established by law. The law establishes the cases and the manner in which foreigners may be expelled from the national territory and the authorities empowered to decide so. CHAPTER VI GUARANTEES OF RIGHTS ARTICLE 92. The State guarantees, in accordance with the law,that individuals may access judicial bodies in order to obtain effective protection of their rights and legitimate interests. Court decisions are binding, and failure to comply with them entails liability for those who fail to comply. ARTICLE 93. The State recognizes the right of individuals to resolve their disputes using alternative conflict resolution methods, in accordance with the Constitution and the legal norms established for such purposes. ARTICLE 94. Every person, as a guarantee of their legal security, enjoys due process in both the judicial and administrative spheres and, consequently, enjoys the following rights: a) to enjoy equal opportunities in all proceedings in which they intervene as a party; b) to receive legal assistance to exercise their rights in all proceedings in which they intervene; April 10, 2019 Official Gazette 87 c) to provide relevant evidence and request the exclusion of evidence obtained in violation of the provisions; d) to have access to a competent, independent, and impartial tribunal, where appropriate; e) not be deprived of their rights except by a reasoned resolution of a competent authority or a final court judgment; f) file the relevant appeals or proceedings against the corresponding judicial or administrative resolutions; g) be treated without undue delay; and h) obtain reparation for material and moral damages and compensation for any damages suffered. ARTICLE 95. In criminal proceedings, persons also have the following guarantees: a) not be deprived of their liberty except by a competent authority and for the legally established time; b) have access to legal assistance from the beginning of the proceedings; c) be presumed innocent until a final judgment is issued against them; d) be treated with respect for their dignity and physical, psychological, and moral integrity, and not be the victim of violence or coercion of any kind to force them to testify; e) not be made to testify against themselves, their spouse, common-law partner, or relatives up to the fourth degree of consanguinity and second degree of affinity; f) be informed of the charges against them; g) be tried by a court established by law and pursuant to laws predating the crime; h) communicate with their families or close associates immediately if detained or arrested; in the case of foreigners, consular notification shall be issued; and i) if they become victims, to enjoy protection in the exercise of their rights. ARTICLE 96. Anyone who is illegally deprived of liberty has the right, either personally or through a third party, to institute a habeas corpus procedure before a competent court, in accordance with the requirements established by law. ARTICLE 97. The right of every person to access their personal data in records, files, or other databases and information of a public nature is recognized.as well as to request its non-disclosure and obtain its proper correction, rectification, modification, update, or cancellation. The use and processing of this data is carried out in accordance with the provisions of the law. ARTICLE 98. Any person who suffers harm or injury unduly caused by directors, officials, and employees of the State in the exercise of the functions inherent to their positions has the right to claim and obtain the corresponding reparation or compensation in the manner established by law. 88 Official Gazette April 10, 2019 ARTICLE 99. Any person whose rights enshrined in this Constitution are violated and, as a consequence, suffers harm or injury by State bodies, their directors, officials, or employees, due to the improper action or omission of their functions, as well as by individuals or non-state entities, has the right to claim before the courts the restitution of their rights and obtain, in accordance with the law, the corresponding reparation or compensation. The law establishes those rights protected by this guarantee, and the preferential, expeditious and concentrated procedure for their enforcement. ARTICLE 100. The legal system is governed by the principle of non-retroactivity of laws, except in criminal matters when they are favorable to the person accused or punished, and in other laws, when they expressly provide for it, taking into account reasons of social interest or public utility. TITLE VI STRUCTURE OF THE STATE CHAPTER I PRINCIPLES OF ORGANIZATION AND OPERATION OF STATE ORGANS ARTICLE 101. State organs are integrated and carry out their activities on the basis of the principles of socialist democracy, which are expressed in the following rules: a) all representative organs of state power are elective and renewable; b) the people control the activity of state organs, their directors and officials, deputies and delegates, in accordance with the provisions of the law; (c) those elected have the duty to periodically report on their performance and may be removed from office at any time; (d) State bodies, in accordance with their functions and within the scope of their jurisdiction, develop initiatives aimed at utilizing local resources and opportunities and incorporating mass and social organizations into their activities; (e) the provisions of higher State bodies are binding on lower State bodies; (f) Lower State bodies are accountable to higher State bodies and are accountable to them for their management; (g) freedom of discussion, the exercise of criticism and self-criticism, and the subordination of the minority to the majority govern all collegial State bodies; and (h) State bodies, their directors, and officials act with due transparency.April 10, 2019 Official Gazette 89 CHAPTER II NATIONAL ASSEMBLY OF PEOPLE'S POWER AND COUNCIL OF STATE SECTION ONE National Assembly of People's Power ARTICLE 102. The National Assembly of People's Power is the supreme body of State power. It represents all the people and expresses their sovereign will. ARTICLE 103. The National Assembly of People's Power is the sole body with constituent and legislative power in the Republic. ARTICLE 104. The National Assembly of People's Power is composed of deputies elected by free, equal, direct, and secret vote of the electors, in the proportion and according to the procedure determined by law. ARTICLE 105. The National Assembly of People's Power is elected for a term of five years. This period may only be extended by the Assembly itself by agreement adopted by a majority of no less than two-thirds of the total number of its members, in the event of exceptional circumstances that prevent the normal holding of elections and while such circumstances persist. ARTICLE 106. The National Assembly of People's Power, upon being constituted for a new legislature, elects, from among its deputies, its President, its Vice President, and its Secretary. The law regulates the form and procedure by which the Assembly is constituted and holds this election. ARTICLE 107. The National Assembly of People's Power elects, from among its deputies, the Council of State, the body that represents it between sessions, executes its agreements, and performs the other functions attributed to it by the Constitution and the law. ARTICLE 108. The National Assembly of People's Power shall: a) agree to reforms to the Constitution, in accordance with the provisions of Title XI; (b) give the Constitution and the laws, where necessary, a general and mandatory interpretation, in accordance with the procedure provided by law; (c) approve, amend, or repeal laws and submit them to public consultation when deemed appropriate, taking into account the nature of the legislation in question; (d) adopt agreements in accordance with current laws and monitor their compliance; (e) exercise constitutional control over laws, decree-laws, presidential decrees, decrees, and other general provisions, in accordance with the procedure provided by law; (f) ratify decree-laws and agreements of the Council of State; (g) revoke, in whole or in part, decree-laws, presidential decrees, decrees, agreements, or general provisions that contradict the Constitution or the laws; h) revoke in whole or in part the agreements or provisions of the municipal assemblies of People's Power that contravene the Constitution, laws, decree-laws, presidential decrees, decrees and other provisions issued by competent bodies,or those that affect the interests of other localities or the country's general interests; i) discuss and approve the general objectives and goals of short-, medium-, and long-term plans, based on economic and social development; j) approve the principles of the economic and social development management system; k) discuss and approve the State budget and monitor its compliance; l) agree on the monetary, financial, and fiscal systems; m) establish, modify, or extinguish taxes; n) approve the general guidelines of foreign and domestic policy; ñ) declare a state of war or war in the event of military aggression and approve peace treaties; o) establish and modify the political-administrative division; approve administrative subordination regimes, special regulatory systems for municipalities or other territorial demarcations and administrative districts, in accordance with the provisions of the Constitution and the laws; p) appoint permanent and temporary commissions and parliamentary friendship groups; q) exercise the highest oversight over State bodies; r) review and evaluate the reports and analyses of state business systems that, due to their magnitude and economic and social significance, are relevant; s) review, evaluate, and adopt decisions on the accountability reports submitted by the Council of State, the President of the Republic, the Prime Minister, the Council of Ministers, the Supreme People's Court, the Attorney General's Office, the Comptroller General's Office, and the agencies of the Central State Administration, as well as the provincial governments; t) create or dissolve agencies of the Central State Administration or order any other appropriate organizational measure; u) grant amnesties; v) order the calling of referendums or plebiscites in the cases provided for in the Constitution and in others that the Assembly itself deems appropriate; w) agree on its regulations and those of the Council of State; and x) the other powers conferred upon it by this Constitution. ARTICLE 109. The National Assembly of People's Power, in the exercise of its powers: a) elects the President and Vice President of the Republic; April 10, 2019 Official Gazette 91 b) elects its President, Vice President, and Secretary; c) elects the members of the Council of State; d) appoints, upon the proposal of the President of the Republic, the Prime Minister; e) appoints, upon the proposal of the President of the Republic, the Deputy Prime Ministers and other members of the Council of Ministers; f) elects the President of the Supreme People's Tribunal, the Attorney General of the Republic, and the Comptroller General of the Republic; g) elects the President and the other members of the National Electoral Council; h) elects the Vice Presidents and the judges of the Supreme People's Tribunal,as well as the lay judges of this body; i) elects the deputy prosecutors and deputy comptrollers general of the Republic; and j) revokes or replaces the persons elected or appointed by it. The law regulates the procedure for making these powers effective. ARTICLE 110. The National Assembly of People's Power, in its operations, is governed by the following principles: a) the laws and agreements it issues, except for the exceptions provided for in the Constitution, are adopted by a simple majority of votes; b) it meets in two ordinary sessions per year and in extraordinary session when convened by the Council of State or requested by one-third of its members. The matters that gave rise to it are discussed in extraordinary sessions; c) To hold its sessions, the presence of more than half of the total number of deputies comprising it is required; and d) its sessions are public, except when the Assembly itself agrees to hold them behind closed doors for reasons of state interest. ARTICLE 111. The President of the National Assembly of People's Power shall be responsible for: a) complying with and ensuring respect for the Constitution and the laws; b) presiding over the sessions of the National Assembly of People's Power and the Council of State; c) convening regular sessions of the National Assembly; d) convening regular and extraordinary sessions of the Council of State; e) proposing the draft agenda for the sessions of the National Assembly and the Council of State; f) signing laws, decree-laws, and agreements adopted by the National Assembly of People's Power and the Council of State, as appropriate, and arranging for the publication of decree-laws and agreements in the Official Gazette of the Republic; g) directing the international relations of the National Assembly of People's Power; h) directing and organizing the work of the permanent and temporary commissions created by the National Assembly of People's Power or the Council of State, as appropriate; i) directing and organizing the relations of the National Assembly of People's Power and the Council of State with state bodies; 92 Official Gazette April 10, 2019 j) monitor compliance with the agreements of the National Assembly of People's Power and the Council of State; k) ensure adequate ties between deputies and voters; and l) any other powers assigned to them by this Constitution, the National Assembly of People's Power, or the Council of State. ARTICLE 112. In the event of absence, illness, or death of the President of the National Assembly of People's Power, he shall be replaced in his duties by the Vice President, in accordance with the provisions of the law. SECTION TWO Deputies and Committees of the National Assembly of People's Power ARTICLE 113. Deputies have the duty to carry out their duties for the benefit of the interests of the people, maintain ties with their voters, address their approaches, suggestions, and criticisms, and explain State policy to them.Likewise, they shall be accountable for the performance of their duties as such, as established by law. The National Assembly of People's Power adopts measures to ensure adequate ties between deputies and their constituents and with the local bodies of People's Power in the territory where they were elected. ARTICLE 114. No deputy may be detained or subjected to criminal proceedings without authorization from the National Assembly of People's Power or the Council of State if the Assembly is not in session, except in the case of a crime committed in flagrante delicto. ARTICLE 115. The status of deputy does not entail personal privileges or economic benefits. During the time they serve in the effective performance of their duties, deputies receive the same remuneration as their workplace and maintain a relationship with it for relevant purposes. ARTICLE 116. Deputies may have their mandate revoked at any time, in the manner, for the reasons, and according to the procedures established by law. ARTICLE 117. During the sessions of the National Assembly of People's Power, deputies have the right to ask questions of the Council of State and the Council of Ministers, or the members of both, and to receive answers during the session or at the next session. ARTICLE 118. In order to better exercise its functions, the National Assembly of People's Power shall create permanent and temporary committees made up of deputies, in accordance with the principles of organization and operation provided for by law. ARTICLE 119. Deputies and committees have the right to request the necessary collaboration from state bodies or entities for the fulfillment of their functions, and these are obligated to provide it under the terms established by law. April 10, 2019 Official Gazette 93 SECTION THIRD Council of State ARTICLE 120. The Council of State has a collegial nature, is responsible to the National Assembly of People's Power, and is accountable to it for all its activities. The decree-laws and agreements adopted by the Council of State are subject to ratification by the National Assembly at the next session. ARTICLE 121. The President, the Vice President, and the Secretary of the National Assembly of People's Power are, in turn, the President of the Council of State, which is composed of the other members it decides. Members of the Council of Ministers and the highest authorities of the judicial, electoral, and state control bodies may not be members of the Council of State. ARTICLE 122. The Council of State shall: a) ensure compliance with the Constitution and the laws; b) give current laws, if necessary,a general and binding interpretation; c) issue decree-laws and agreements; d) order the holding of extraordinary sessions of the National Assembly of People's Power; e) call and agree on the date of the elections for the periodic renewal of the National Assembly of People's Power and the municipal assemblies of People's Power; f) analyze the draft laws submitted to the National Assembly of People's Power; g) demand compliance with the agreements of the National Assembly of People's Power; h) suspend presidential decrees, decrees, agreements, and other provisions that contradict the Constitution and the laws, reporting to the National Assembly of People's Power at the first session held after said suspension is agreed; i) suspend the agreements and provisions of the municipal assemblies of People's Power that do not comply with the Constitution or the laws, decree-laws, presidential decrees, decrees, and other provisions issued by competent bodies; or those that affect the interests of other localities or the general interests of the country, reporting to the National Assembly of People's Power at the first session held after said suspension has been agreed upon; j) revoke or modify the agreements and other provisions of the provincial governors and councils that contravene the Constitution, the laws, decree-laws, presidential decrees, decrees and other provisions issued by a higher-ranking body, or when they affect the interests of other localities or the general interests of the country; 94 Official Gazette April 10, 2019 k) elect, appoint, suspend, revoke or replace, between one session of the National Assembly of People's Power and the next, those who should occupy the positions that it is responsible for deciding, with the exception of the President and Vice President of the Republic, the President, Vice President and Secretary of the National Assembly of People's Power, the members of the Council of State and the Prime Minister. The President of the Supreme People's Court, the Attorney General of the Republic, the Comptroller General of the Republic, and the President of the National Electoral Council may only be suspended from the exercise of their responsibilities. In all cases, the President shall report to the National Assembly of People's Power at its next session for the appropriate purposes; (1) assume, at the proposal of the President of the Republic, the powers to declare a state of war or war in the event of aggression, or to conclude a peace, which the Constitution attributes to the National Assembly of People's Power, when it is in recess and cannot be convened with the necessary security and urgency; (m) issue general instructions to the courts through the Governing Council of the Supreme People's Court; (n) create commissions; (ñ) ratify and denounce international treaties; (o) appoint and remove, at the proposal of the President of the Republic,the heads of Cuban diplomatic missions to other States, agencies, or international organizations; p) exercise control and oversight over State bodies; q) during the periods between sessions of the National Assembly of People's Power, create or dissolve agencies of the Central State Administration or arrange for any other appropriate organizational measure; r) approve the corresponding foreign investment modalities; s) examine and approve, between sessions of the National Assembly of People's Power, any adjustments that need to be made to the State budget; t) coordinate and guarantee the activities of the deputies and the permanent and temporary working committees of the National Assembly of People's Power; and u) any other powers conferred upon it by the Constitution and the laws or entrusted to it by the National Assembly of People's Power. ARTICLE 123. All decisions of the Council of State are adopted by a simple majority vote of its members. ARTICLE 124. The mandate entrusted to the Council of State by the National Assembly of People's Power expires upon the inauguration of the new Council of State, elected through its periodic renewals. April 10, 2019 Official Gazette 95 CHAPTER III PRESIDENT AND VICE PRESIDENT OF THE REPUBLIC ARTICLE 125. The President of the Republic is the Head of State. ARTICLE 126. The President of the Republic is elected by the National Assembly of People's Power from among its deputies for a five-year term and is accountable to the Assembly for his or her performance. An absolute majority vote is required to be elected President of the Republic. The President of the Republic may serve for up to two consecutive terms, after which he or she may not serve again. ARTICLE 127. To be President of the Republic, one must be thirty-five years of age old, in full enjoyment of civil and political rights, a Cuban citizen by birth, and have no other citizenship. One must also be at least sixty years of age to be elected to this office for a first term. ARTICLE 128. The President of the Republic shall be responsible for: a) complying with and ensuring respect for the Constitution and the laws; b) representing the State and directing its general policy; c) directing foreign policy, relations with other States, and those related to national defense and security; d) endorsing the laws issued by the National Assembly of People's Power and arranging for their publication in the Official Gazette of the Republic, in accordance with the provisions of the law; e) presenting to the National Assembly of People's Power, once elected by it, at that session or the next, the members of the Council of Ministers; f) proposing to the National Assembly of People's Power or the Council of State, as appropriate, the election, designation, suspension,(g) to propose to the delegates of the corresponding municipal assemblies of People's Power the election or removal of provincial governors and vice-governors; (h) to review, evaluate, and adopt decisions on the accountability reports submitted by the Prime Minister on his or her management, that of the Council of Ministers, or that of its Executive Committee; (i) to serve as Supreme Commander of the armed forces and determine their general organization; (j) to preside over the National Defense Council and propose to the National Assembly of People's Power or the Council of State, as appropriate, to declare a state of war or war in the event of military aggression; 96 Official Gazette April 10, 2019 k) decree General Mobilization when the defense of the country requires it, as well as declare a State of Emergency and a Disaster Situation, in the cases provided for in the Constitution, informing the National Assembly of People's Power or the Council of State of its decision, as soon as circumstances permit, if the former cannot meet, for the appropriate legal purposes; l) promote in rank and position the highest-ranking officers of the nation's armed institutions and order their dismissal, in accordance with the procedure provided by law; m) decide, in the cases that correspond to it, the granting of Cuban citizenship, accept resignations and order its deprivation; n) propose, in accordance with the provisions of the Constitution and the law, the suspension, modification or revocation of the provisions and agreements of the State organs that contradict the Constitution, the laws or affect the general interests of the country; ñ) issue, in the exercise of its powers, presidential decrees and other provisions; o) create temporary commissions or working groups to carry out specific tasks; p) propose to the Council of State the appointment or removal of the heads of Cuban diplomatic missions to other States, organizations, or international organizations; q) grant or withdraw the rank of ambassador of the Republic of Cuba; r) award decorations and honorary titles; s) grant or deny, on behalf of the Republic of Cuba, approval to the heads of diplomatic missions of other States; t) receive the letters of credence of the heads of foreign missions.The Vice President may assume this function exceptionally; u) grant pardons and request the National Assembly of People's Power to grant amnesties; v) participate in his own right in the meetings of the Council of State and convene them when he deems it appropriate; w) preside over meetings of the Council of Ministers or its Executive Committee; and x) any other powers assigned to him by the Constitution or the laws. ARTICLE 129. To be Vice President of the Republic, one must have reached thirty-five years of age, be in full enjoyment of civil and political rights, be a Cuban citizen by birth, and hold no other citizenship. He is elected in the same manner, for the same period and term limit as the President of the Republic. ARTICLE 130. The Vice President of the Republic shall perform the powers delegated or assigned to him by the President of the Republic. ARTICLE 131. In the event of absence, illness, or death of the President of the Republic, he shall be temporarily replaced in his duties by the Vice President. When the absence is permanent, the National Assembly of People's Power elects the new President of the Republic. April 10, 2019 Official Gazette 97 When the office of Vice President of the Republic becomes vacant, the National Assembly of People's Power elects his or her replacement. If the absence of both the President and the Vice President of the Republic is permanent, the National Assembly of People's Power elects their replacements. Until the election is held, the President of the National Assembly of People's Power temporarily assumes the office of President of the Republic. The law regulates the procedure for its fulfillment. ARTICLE 132. The President and Vice President of the Republic remain in office until their successors are elected by the National Assembly of People's Power. CHAPTER IV GOVERNMENT OF THE REPUBLIC SECTION ONE Council of Ministers ARTICLE 133. The Council of Ministers is the highest executive and administrative body and constitutes the Government of the Republic. ARTICLE 134. The Council of Ministers is composed of the Prime Minister, the Deputy Prime Ministers, the Ministers, the Secretary, and other members determined by law. The Secretary General of the Cuban Workers' Central Union participates, by right, in the sessions of the Council of Ministers. ARTICLE 135. The Prime Minister, the Deputy Prime Ministers, the Secretary, and other members of the Council of Ministers determined by the President of the Republic comprise its Executive Committee. The Executive Committee may decide on matters assigned to the Council of Ministers during the periods between its meetings. ARTICLE 136. The Council of Ministers is responsible for and periodically reports on its activities to the National Assembly of People's Power. ARTICLE 137. The Council of Ministers is responsible for:a) comply with and ensure compliance with the Constitution and the laws; b) organize and direct the execution of political, economic, cultural, scientific, social, and defense activities agreed upon by the National Assembly of People's Power; c) propose general objectives and goals for the development of short-, medium-, and long-term plans based on the economic and social development of the State, and once approved by the National Assembly of People's Power, organize, direct, and monitor their execution; d) approve and submit international treaties to the Council of State for ratification; e) direct and control foreign trade and foreign investment; f) prepare the draft State Budget and, once approved by the National Assembly of People's Power, ensure its execution; g) implement and demand compliance with the approved objectives to strengthen the monetary, financial, and fiscal systems; 98 Official Gazette, April 10, 2019 h) prepare legislative projects and submit them to the National Assembly of People's Power or the Council of State, as appropriate; (i) provide for national defense, the maintenance of internal security and order, and the protection of citizens' rights, as well as the safeguarding of lives and property in the event of disasters; (j) direct the administration of the State, as well as unify, coordinate, and oversee the activities of the agencies of the Central State Administration, national entities, and local administrations; (k) evaluate and adopt decisions on the accountability reports submitted by provincial governors; (l) create, modify, or extinguish entities subordinate to or attached to the Council of Ministers and, where applicable, to the agencies of the Central State Administration; (m) guide and supervise the management of provincial governors; (n) approve or authorize the corresponding foreign investment modalities; (ñ) execute the laws and agreements of the National Assembly of People's Power, as well as the decree-laws and provisions of the Council of State, presidential decrees, and, where necessary, regulate what is appropriate; (o) issue decrees and agreements based on and in compliance with current laws and oversee their implementation; (p) propose to the Council of State the suspension of agreements of municipal assemblies of People's Power that contravene current laws and other provisions, or that affect the interests of other communities or the general interests of the country; (q) suspend agreements and other provisions of provincial councils and municipal administration councils that do not comply with the Constitution, laws, decree-laws, presidential decrees, decrees and other provisions of higher bodies, or when they affect the interests of other localities or the general interests of the country,reporting to the Council of State or the Municipal Assembly of People's Power, for the purposes that proceed as appropriate; r) revoke in whole or in part the provisions issued by provincial governors, when they contravene the Constitution, the laws, decree-laws, presidential decrees, decrees and other provisions issued by competent bodies, or those that affect the interests of other localities or the general interests of the country; s) revoke in whole or in part the provisions of the heads of agencies of the Central State Administration, when they contravene the higher norms that are of mandatory compliance; t) create the commissions it deems necessary to facilitate the fulfillment of the tasks assigned to it; u) appoint or replace the directors and officials in accordance with the powers conferred by law; April 10, 2019 Official Gazette 99 v) submit its regulations to the National Assembly of People's Power or the Council of State for approval; and w) any other powers conferred upon it by the Constitution, the laws, or entrusted to it by the National Assembly of People's Power or the Council of State. ARTICLE 138. The Council of Ministers is collegial in nature, and its decisions are adopted by a simple majority vote of its members. ARTICLE 139. The Council of Ministers shall remain in office until the Government is appointed for the new legislature. SECOND SECTION Prime Minister ARTICLE 140. The Prime Minister is the Head of Government of the Republic. ARTICLE 141. The Prime Minister is appointed by the National Assembly of People's Power, upon proposal of the President of the Republic, for a term of five years. To be appointed Prime Minister, a simple majority vote is required. ARTICLE 142. The Prime Minister is responsible to the National Assembly of People's Power and to the President of the Republic, to whom he reports and reports on his performance, that of the Council of Ministers, or its Executive Committee, on the occasions indicated. ARTICLE 143. To be Prime Minister, it is required to be a deputy to the National Assembly of People's Power, be thirty-five years of age or older, be in full enjoyment of civil and political rights, be a Cuban citizen by birth, and have no other citizenship. ARTICLE 144. It is the responsibility of the Prime Minister: a) to comply with and ensure respect for the Constitution and the laws; b) to represent the Government of the Republic; c) to convene and direct the sessions of the Council of Ministers or its Executive Committee; d) to attend to and supervise the performance of the activities of the agencies of the Central State Administration, national entities, and local administrations; e) to assume, on an exceptional and temporary basis,the management of any agency of the Central State Administration; f) request the President of the Republic to request the relevant bodies to replace the members of the Council of Ministers and, in each case, propose the corresponding substitutes; g) exercise control over the work of the heads of the agencies of the Central State Administration; h) issue instructions to provincial governors and monitor their execution; i) exceptionally adopt decisions on executive-administrative matters under the jurisdiction of the Council of Ministers, when the pressing nature of the situation or the issue to be resolved so requires, subsequently informing that body or its Executive Committee; j) appoint or replace directors and officials, in accordance with the powers conferred by law; k) sign the legal provisions adopted by the Council of Ministers or its Executive Committee and arrange for their publication in the Official Gazette of the Republic; l) create temporary commissions or working groups to carry out specific tasks; SECTION THREE Members of the Council of Ministers ARTICLE 145. The members of the Council of Ministers shall be responsible for: a) representing the Council of Ministers or its Prime Minister in the circumstances so provided; b) complying with the agreements and other provisions of the Council of Ministers and its Executive Committee that correspond to them and reporting thereon to the Prime Minister; c) fulfilling the tasks assigned to them by the Prime Minister and exercising the powers that, in each case, the Prime Minister delegates to them; d) directing the affairs and tasks of the ministry or agency under their charge, issuing the necessary resolutions and provisions; e) issuing, when not expressly assigned to another State body, the provisions required for the execution and application of the laws, decree-laws and other provisions that concern them; (f) attend the sessions of the Council of Ministers, with voice and vote, and submit to it bills, decree-laws, decrees, resolutions, agreements or any other proposal they deem appropriate; (g) appoint or replace the directors and officials in accordance with the powers conferred upon them by law; and (h) any other powers assigned to them by the Constitution and the laws. SECTION FOUR Central Administration of the State ARTICLE 146. The number, name, mission and functions of the ministries and other agencies that form part of the Central Administration of the State are determined by law. CHAPTER V COURTS OF JUSTICE ARTICLE 147. The function of administering justice emanates from the people and is exercised in their name by the Supreme People's Tribunal and the other tribunals established by law.April 10, 2019 Official Gazette 101 The law establishes the main objectives of judicial activity and regulates the organization of the courts; their jurisdiction and scope; the manner in which they are constituted for the administration of justice; the participation of lay judges; the requirements that the magistrates of the People's Supreme Court and other judges must meet; the manner of their election; and the causes and procedures for their removal or dismissal from office. ARTICLE 148. The courts constitute a system of state bodies, structured with functional independence from any other. The People's Supreme Court exercises the highest judicial authority, and its decisions are final. Through its Governing Council, it exercises legislative initiative and regulatory power, makes decisions, and issues rules that are binding on all courts and, based on their experience, issues mandatory instructions to establish uniform judicial practice in the interpretation and application of the law. ARTICLE 149. The magistrates and lay judges of the Supreme People's Court are elected by the National Assembly of People's Power or, where appropriate, by the Council of State. The law determines the election of other judges. ARTICLE 150. The magistrates and judges, in their function of administering justice, are independent and owe obedience only to the law. Furthermore, they are irremovable in their positions as long as there are no legal grounds for dismissal or removal from office. ARTICLE 151. Judgments and other final resolutions of the courts, issued within the limits of their jurisdiction, are binding on State bodies, entities, and citizens, both those directly affected by them and those who, without having a direct interest in their execution, must intervene. ARTICLE 152. In judicial proceedings in which lay judges participate, they have the same rights and duties as professional judges. The performance of their judicial functions, given their social importance, takes priority over their regular work. ARTICLE 153. Hearings in all courts are public, unless reasons of state security, morality, public order, or respect for the person harmed by the crime or their family advise holding them behind closed doors. ARTICLE 154. The Supreme People's Court shall report to the National Assembly of People's Power on the results of its work in the manner and with the periodicity established by law. ARTICLE 155. The power to recall magistrates and judges corresponds to the body that elects them. 102 Official Gazette April 10, 2019 CHAPTER VI ATTORNEY GENERAL'S OFFICE OF THE REPUBLIC ARTICLE 156.The Attorney General's Office is the State body whose fundamental mission is to exercise oversight of criminal investigations and the exercise of public criminal prosecution on behalf of the State, as well as to ensure strict compliance with the Constitution, the laws, and other legal provisions by State bodies, entities, and citizens. The law determines the other objectives and functions, as well as the manner, scope, and timing of the Attorney General's Office exercises its powers. ARTICLE 157. The Attorney General's Office constitutes an indivisible, functionally independent organizational unit, subordinate to the President of the Republic. The Attorney General's Office is responsible for directing and regulating the activities of the Attorney General's Office throughout the national territory. The bodies of the Attorney General's Office are organized vertically throughout the nation, are subordinate only to the Attorney General's Office, and are independent of any local body. ARTICLE 158. The Attorney General of the Republic and the Deputy Attorney Generals are elected and may be removed, as appropriate, by the National Assembly of People's Power, or, where appropriate, by the Council of State. ARTICLE 159. The Office of the Attorney General of the Republic shall report on its performance to the National Assembly of People's Power in the manner and with the periodicity established by law. CHAPTER VII COMPTROLLER GENERAL OF THE REPUBLIC ARTICLE 160. The Office of the Comptroller General of the Republic is the State body whose fundamental mission is to ensure the proper and transparent administration of public funds and superior control over administrative management. The law regulates the other functions and aspects related to its performance. ARTICLE 161. The Office of the Comptroller General of the Republic is functionally independent from any other body, is vertically structured throughout the country, and is subordinate to the President of the Republic. The Comptroller General of the Republic is its highest authority and is responsible for the direction and regulation of the activities of the Comptroller's Office throughout the national territory. ARTICLE 162. The Comptroller General of the Republic is accountable for its management to the National Assembly of People's Power in the manner and periodicity provided by law. ARTICLE 163. The Comptroller General of the Republic and the Deputy Comptrollers General are elected or removed, as appropriate, by the National Assembly of People's Power or the Council of State. April 10, 2019 Official Gazette 103 CHAPTER VIII REGULATORY PROVISIONS SECTION ONE Legislative Initiative ARTICLE 164. The initiative for laws is the responsibility of:a) to the President of the Republic; b) to the deputies of the National Assembly of People's Power; c) to the Council of State; d) to the Council of Ministers; e) to the committees of the National Assembly of People's Power; f) to the National Council of the Cuban Workers' Central Union and to the national leaderships of other mass and social organizations; g) to the Governing Council of the Supreme People's Tribunal, in matters relating to the administration of justice; h) to the Attorney General's Office of the Republic, in matters within its jurisdiction; i) to the Comptroller General's Office of the Republic, in matters within its jurisdiction; j) to the National Electoral Council, in electoral matters; and k) to the citizens. In this case, it will be an indispensable requirement that at least ten thousand voters exercise the initiative. The law establishes the procedure for making its exercise effective. SECTION TWO Drafting, Publication, and Entry into Force ARTICLE 165. Laws and decree-laws issued by the National Assembly of People's Power or the Council of State, as appropriate, enter into force on the date determined in each case by the regulatory provision itself. Laws, decree-laws, presidential decrees, decrees, resolutions, and other provisions of general interest issued by the competent bodies are published in the Official Gazette of the Republic. The law establishes the procedure for the drafting, publication, and entry into force of the regulatory provisions. TITLE VII TERRITORIAL ORGANIZATION OF THE STATE ARTICLE 166. For political and administrative purposes, the national territory is divided into provinces and municipalities; their number, boundaries, and names are established by law. The law may establish other divisions and assign administrative subordination regimes and special regulatory systems to municipalities or other territorial demarcations that are determined, taking into account their geographic location or economic and social importance. In all cases, the representation of the people through the organs of People's Power is guaranteed. Administrative districts may be organized in municipalities in accordance with the law. 104 Official Gazette April 10, 2019 ARTICLE 167. The province has its own legal personality for all legal purposes and is organized by law as an intermediate level between the central structures of the State and the municipalities, with a surface area equivalent to that of the group of municipalities included in its territorial demarcation, under the direction of the Provincial Government of People's Power. ARTICLE 168. The municipality is the local society, organized by law, which constitutes the primary and fundamental political-administrative unit of the national organization; it enjoys autonomy and its own legal personality for all legal purposes, with a territorial extension determined by the necessary neighborhood, economic and social relations of its population and the interests of the nation.with the purpose of meeting local needs. It has its own income and receives allocations from the Government of the Republic, based on the economic and social development of its territory and other State purposes, under the direction of the Municipal Assembly of People's Power. ARTICLE 169. The autonomy of the municipality includes the election or appointment of its authorities, the power to decide on the use of its resources and the exercise of its corresponding powers, as well as the issuance of agreements and regulatory provisions necessary for the exercise of its powers, as provided in the Constitution and the laws. Autonomy is exercised in accordance with the principles of solidarity, coordination, and collaboration with the rest of the country's territories, and without detriment to the higher interests of the nation. TITLE VIII LOCAL BODIES OF PEOPLE'S POWER CHAPTER I 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 operates in close cooperation with the people and is made up of a Governor and a Provincial Council. ARTICLE 171. The Provincial Government of People's Power represents the State and its fundamental mission is the economic and social development of its territory, in accordance with the general objectives of the country. It acts as a coordinator between the central structures of the State and the municipalities, for which it contributes to the harmonization of the interests of the province and its municipalities, and exercises the powers and functions recognized in the Constitution and the laws. ARTICLE 172. The Provincial Government of People's Power assists in the development of the activities and the fulfillment of the plans of the entities established within its territory that are not subordinate to it, in accordance with the provisions of the Constitution and the laws. April 10, 2019 Official Gazette 105 ARTICLE 173. The Provincial Government of People's Power, in the exercise of its functions and powers, may not assume or interfere with those conferred by the Constitution and the laws to the municipal bodies of People's Power. SECTION TWO Provincial Governor and Vice Governor ARTICLE 174. The Governor is the highest executive-administrative authority in his or her province. ARTICLE 175. The Governor is elected by the delegates of the corresponding municipal assemblies of People's Power, upon proposal of the President of the Republic, for a term of five years and in accordance with the procedure established by law. ARTICLE 176. To be Governor, one must be a Cuban citizen by birth and have no other citizenship, be thirty years of age or older, reside in the province, and be in full enjoyment of civil and political rights. ARTICLE 177. The Governor is responsible to the National Assembly of People's Power, the Council of State,the Council of Ministers and the Provincial Council, to whom he/she reports and reports on his/her management, as and when requested. ARTICLE 178. The Governor organizes and directs the Provincial Administration, assisted by the corresponding administrative entity. The law determines the creation, structure, and operation of the Provincial Administration, as well as its relations with the national and municipal bodies of People's Power. ARTICLE 179. The Governor shall be responsible for: a) complying with and enforcing, within his/her jurisdiction, the Constitution and the laws; b) convening and presiding over meetings of the Provincial Council; c) directing, coordinating, and supervising the work of the organizational structures of the Provincial Administration and, within the scope of his/her authority, issuing regulatory provisions and adopting appropriate decisions; d) demanding and supervising compliance with the economic plan and the execution of the provincial budget, in accordance with the policy agreed upon by the competent national bodies; e) demanding and supervising compliance with development plans and territorial and urban planning; (f) appoint and replace the directors and officials of the Provincial Administration, and submit to the Provincial Council for ratification those cases provided for by law; (g) submit to the Council of Ministers, with the prior agreement of the Provincial Council, policy proposals that contribute to the integral development of the province; (h) bring to the attention of the Council of Ministers, with the prior agreement of the Provincial Council, any decisions of higher-ranking bodies that affect the interests of the community or are considered to exceed the powers of the person who adopted them; (i) suspend the agreements and provisions of the councils of the Municipal Administration that do not comply with the Constitution, the laws, decree-laws, presidential decrees, decrees and other provisions of the State bodies, or when they affect the interests of other localities or the general interests of the country, reporting to the respective Municipal Assembly of People's Power at the first session held after said suspension; j) revoke or modify provisions adopted by the provincial administrative authorities subordinate to him that contravene the Constitution, the laws and other current provisions, or that affect the interests of other communities or the general interests of the country; k) create temporary working committees or groups; l) arrange for the publication of agreements of the Provincial Council of general interest and oversee their execution; and m) any other powers assigned to him by this Constitution or the laws. ARTICLE 180. The Vice Governor is elected in the same manner, for the same period, and is subject to the same requirements as the Governor. ARTICLE 181. The Vice Governor fulfills the powers delegated or assigned to him by the Governor. Likewise,SECTION THREE Provincial Council ARTICLE 182. The Provincial Council is the collegiate and deliberative body that fulfills the functions provided for in this Constitution and the laws. Its decisions are adopted by the favorable vote of a simple majority of its members. The Provincial Council is chaired by the Governor and composed of the Vice 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 regular meetings with the frequency established by law, and extraordinary meetings when convened by the Governor or requested by more than half of its members. ARTICLE 184. It is the responsibility of the Provincial Council: a) to comply with and enforce, insofar as it is concerned, the Constitution, the laws and other provisions of a general nature, as well as its agreements; (b) approve and oversee, as appropriate, the province's economic plan and budget; (c) adopt agreements within the framework of the Constitution and the laws; (d) guide and coordinate within the territory the political, economic, cultural, scientific, social, defense, and internal order activities ordered by the State; (e) evaluate the results of the management of municipal administrations and approve the actions to be taken; (f) approve policy proposals that contribute to the comprehensive development of the province, before their submission to the Council of Ministers; (g) rule, at the request of the Governor, on those decisions of the competent bodies that affect the interests of the community or are considered to exceed the authority of the person who adopted them; (h) periodically analyze the attention given by the entities located in its territory to the proposals of voters and the complaints and requests of the population; (i) make recommendations to the Governor on his accountability report and other issues that the Governor consults on; (j) propose to the Council of State the suspension of agreements or provisions of the municipal assemblies of People's Power in its area when they contravene higher legal norms or affect the interests of the community; (k) propose to the National Assembly of People's Power the revocation or modification of agreements or provisions of the municipal assemblies of People's Power in its area when they contravene higher legal norms or affect the interests of the community; (l) create temporary working committees or groups; and (m) any other powers assigned to it by the Constitution or the laws. CHAPTER II MUNICIPAL BODIES OF PEOPLE'S POWER SECTION ONE Municipal Assembly of People's Power ARTICLE 185. The Municipal Assembly of People's Power is the highest organ of State power in its area and,Consequently, it is vested with the highest authority in its territory; to this end, within the scope of its jurisdiction, it exercises the powers assigned to it by the Constitution and the laws. ARTICLE 186. The Municipal Assembly of People's Power is composed of delegates elected in each electoral district into which its territory is divided for electoral purposes, by free, equal, direct, and secret vote of the electors. ARTICLE 187. The Municipal Assembly of People's Power shall be renewed every five years, which is the duration of the mandate of its delegates. This mandate may only be extended by decision of the National Assembly of People's Power, in the cases provided for in the Constitution. ARTICLE 188. Upon its constitution, the Municipal Assembly of People's Power elects its President and Vice President from among its delegates and appoints its Secretary, in accordance with the requirements and procedure provided by law. The President of the Municipal Assembly of People's Power represents the State in its territorial demarcation. The law establishes the powers of the President, the Vice President, and the Secretary of the Municipal Assembly of People's Power. ARTICLE 189. Ordinary and extraordinary sessions of the Municipal Assembly of People's Power are public, except in cases where it agrees to hold them behind closed doors, for reasons of state interest or because matters related to personal decorum are discussed. 108 Official Gazette April 10, 2019 ARTICLE 190. The presence of more than half of the total number of its members is required for the validity of the sessions of the Municipal Assembly of People's Power. Its agreements are adopted by a simple majority of votes. ARTICLE 191. The Municipal Assembly of People's Power shall: a) comply with and enforce the Constitution, the laws, and other general regulations; b) approve and monitor, where applicable, the economic plan, the budget, and the comprehensive development plan of the municipality; c) approve the territorial and urban planning plan and monitor its compliance; d) elect, appoint, remove or replace the President, Vice President and Secretary of the Assembly itself, as appropriate; e) appoint or replace the Municipal Mayor, at the proposal of the President of the Assembly itself; f) appoint or replace the other members of the Municipal Administration Council, at the proposal of its Mayor; g) adopt agreements and issue regulatory provisions within the scope of its competence, on matters of municipal interest and monitor their compliance; h) control and oversee the activity of the Municipal Administration Council, with the help of its working committees, without prejudice to the control activities carried out by other bodies and entities; i) organize and control, as far as it is concerned and in accordance with the provisions established by the Council of Ministers or the Provincial Government,the operation and tasks of the entities responsible for carrying out, among others, economic, production and service, health, welfare, prevention and social care, scientific, educational, cultural, recreational, sports, and environmental protection activities in the municipality; j) demand and monitor compliance with the law, as well as the strengthening of internal order and the country's defensive capacity, within its territory; k) propose to the Council of Ministers or the Governor, as the case may be, the revocation of decisions adopted by bodies or authorities subordinate to them; l) revoke or modify decisions adopted by bodies or authorities subordinate to them when they contravene higher legal norms, affect the interests of the community, or exceed the powers of the person who adopted them; m) approve the creation of municipal People's Councils, after consulting the Council of State; n) assist, in accordance with the provisions of the law, in the execution of State policies within their jurisdiction, as well as in the development of the production and service activities of the entities located within their territory that are not subordinate to them; ñ) create working commissions and approve the general guidelines for their work; i) any other power assigned to it by this Constitution and the laws. ARTICLE 192. In the exercise of its functions, the Municipal Assembly of People's Power relies on its working commissions, the people's councils, the initiative and broad participation of the population, and acts in close coordination with mass and social organizations. SECTION TWO Delegates to the Municipal Assembly of People's Power ARTICLE 193. The delegates fulfill the mandate conferred on them by their constituents, in the interest of the entire community, for which they must share these functions, with their usual responsibilities and tasks. The law regulates the manner in which these functions are carried out. ARTICLE 194. Delegates have the following rights: a) to participate with voice and vote in the sessions of the Municipal Assembly and in the meetings of the committees and popular councils of which they are members; b) to request information from the President, Vice President and Secretary of the Municipal Assembly, the members of the committees and the Administrative Council on matters relevant to the exercise of their functions and obtain a response in the session itself or as soon as possible; c) to request the attention and information of entities based in the territory regarding situations or problems that affect their constituents, and these are obliged to respond promptly; and d) any other rights recognized by the Constitution and the laws. ARTICLE 195. Delegates have the following duties: a) to maintain an ongoing relationship with their constituents,promoting community participation in solving their problems; b) inform the Municipal Assembly and the local administration of the opinions, needs, and difficulties expressed by their constituents, and work to manage their resolution, as appropriate; c) inform voters about the policy pursued by the Municipal Assembly and the measures adopted in response to their opinions and to resolve the needs raised by the population or the difficulties in resolving them; d) periodically report to their constituents on their management, in accordance with the provisions of the law, and inform the Assembly, the Commission, and the People's Council to which they belong on the fulfillment of the tasks entrusted to them, upon their request; and e) any other mandate recognized by the Constitution and the laws. ARTICLE 196. The mandate of the delegates is revocable at any time. The law determines the form, causes, and procedures for their revocation. 110 Official Gazette April 10, 2019 SECTION THREE Committees of the Municipal Assembly of People's Power ARTICLE 197. The permanent working committees are established by the Municipal Assembly of People's Power taking into account the specific interests of their locality, to assist it in carrying out its activities and especially to exercise control over entities under municipal subordination. Likewise, the committees may request entities at other levels of subordination, which are located within their territorial demarcation, to inform them about aspects that directly affect the locality. Temporary committees carry out the specific tasks assigned to them within the term indicated. SECTION FOUR People's Council ARTICLE 198. The People's Council is a local body of People's Power of a representative nature, invested with the highest authority for the performance of its functions and, without constituting an intermediate instance for the purposes of political-administrative division, is organized in cities, towns, neighborhoods, towns and rural areas; It is composed of delegates elected in the constituencies of their district, who must elect from among themselves the person to preside over it. Representatives of mass and social organizations and the most important entities in the district may be invited to the meetings of the People's Council, depending on the topics and issues to be discussed, with the main objective of strengthening coordination and collective effort for the benefit of the community, always carrying out the functions that correspond to each one. ARTICLE 199. The People's Council represents the population of the district where it operates and at the same time represents the Municipal Assembly of People's Power. It exercises control over the production and service entities of local influence, and actively works for the satisfaction, among others,of the needs of the economy, health, assistance, education, cultural, sports and recreation, as well as in prevention and social care tasks, promoting the participation of the population and local initiatives for their achievement. The law regulates the organization and powers of the People's Council. SECTION FIVE Guarantees to the Rights of Petition and Local Popular Participation ARTICLE 200. The Municipal Assembly of People's Power, for the purposes of guaranteeing the rights of petition and citizen participation: a) calls for popular consultation on matters of local interest in accordance with its powers; b) guarantees proper attention to the proposals, complaints and requests of the population; April 10, 2019 Official Gazette 111 c) guarantees the right of the population of the municipality to propose the analysis of issues within its jurisdiction; d) maintains an adequate level of information to the population on decisions of general interest adopted by the bodies of People's Power; (e) analyzes, at the request of citizens, the agreements and provisions of its own or those of subordinate municipal authorities, considering that these harm their interests, both individual and collective, and adopts the corresponding measures; and (f) executes, within the scope of its jurisdiction, any other action that may be necessary to guarantee these rights. The law establishes the form and exercise of these guarantees. SECTION SIX Municipal Administration ARTICLE 201. The essential objective of the Municipal Administration is to satisfy, among others, the economic, health, welfare, educational, cultural, sports, and recreational needs of the community within the territory within its jurisdiction, as well as to carry out tasks related to prevention and social care. The law determines the organization, structure, and operation of the Municipal Administration. ARTICLE 202. The Administration Council is appointed by the Municipal Assembly of People's Power, to which it is subordinate and accountable. Its composition, integration, and functions are established by law. ARTICLE 203. The Municipal Administration Council is chaired by the Mayor, has a collegial nature, performs executive-administrative functions, and directs the Municipal Administration. TITLE IX ELECTORAL SYSTEM CHAPTER I GENERAL PROVISIONS ARTICLE 204. All citizens with legal capacity to do so have the right to participate in the direction of the State, either directly or through their representatives elected to the organs of People's Power, and to participate, for that purpose, in the manner provided by law, in periodic elections, plebiscites, and popular referendums, which shall be by free, equal, direct, and secret vote. Each voter has the right to only one vote. ARTICLE 205. Voting is a right of citizens. It is exercised voluntarily by Cubans, men and women.over sixteen years of age, except: a) Persons whose exercise of legal capacity is restricted by law due to their disability; b) those who have been judicially disqualified; and c) those who do not meet the legal residency requirements in the country. 112 Official Gazette April 10, 2019 ARTICLE 206. The Voter Registry is public and permanent; it is made up ex officio by all citizens with legal capacity to exercise the right to vote, in accordance with the provisions of the law. ARTICLE 207. Cuban citizens, men and women, who are in full enjoyment of their political rights and who meet the other requirements provided by law, have the right to be elected. If the election is for deputies to the National Assembly of People's Power, they must also be over eighteen years of age. ARTICLE 208. Members of the armed forces have the right to elect and be elected, just like other citizens. ARTICLE 209. The law determines the number of deputies comprising the National Assembly of People's Power and the number of delegates comprising the municipal assemblies of People's Power, in proportion to the number of inhabitants of the respective districts into which the national territory is divided for electoral purposes. Deputies to the National Assembly of People's Power and delegates to the municipal assemblies of People's Power are elected by free, equal, direct, and secret vote of the electors. The law regulates the procedure for their election. ARTICLE 210. For a deputy or delegate to be considered elected, they must have obtained more than half of the number of valid votes cast in the electoral district in question. If this circumstance does not occur, or in other cases where seats are vacant, the law regulates the procedure for proceeding. CHAPTER II NATIONAL ELECTORAL COUNCIL ARTICLE 211. The National Electoral Council is the State body whose fundamental mission is to organize, direct, and supervise elections, popular consultations, plebiscites, and referendums. It processes and responds to claims raised in this area, as well as fulfills the other functions recognized in the Constitution and the laws. The National Electoral Council guarantees the reliability, transparency, speed, publicity, authenticity, and impartiality of the democratic participation processes. ARTICLE 212. The National Electoral Council has functional independence from any other body and is accountable for the fulfillment of its functions before the National Assembly of People's Power. Likewise, once each electoral process is completed, it reports its results to the nation. ARTICLE 213. The National Electoral Council is composed of the President, the Vice President, the Secretary, and the members provided for by law. The members of the National Electoral Council are elected and dismissed, as appropriate,by the National Assembly of People's Power or, where appropriate, by the Council of State. April 10, 2019 Official Gazette 113 ARTICLE 214. The organization, operation, composition, and appointment of electoral authorities at all levels are regulated by law. Those who are nominated or hold elected office may not be members of electoral bodies. ARTICLE 215. The National Electoral Council oversees the preparation and updating of the Electoral Registry, in accordance with the provisions of the law. ARTICLE 216. All state bodies, their directors and officials, as well as entities, are required to cooperate with the National Electoral Council in the performance of their functions. TITLE X NATIONAL DEFENSE AND SECURITY CHAPTER I GENERAL PROVISIONS ARTICLE 217. The Cuban State bases its National Defense and Security policy on safeguarding independence, territorial integrity, sovereignty, and peace on the basis of prevention and permanent confrontation with risks, threats, and aggression that affect its interests. Its strategic defense concept is based on the War of the Entire People. CHAPTER II NATIONAL DEFENSE COUNCIL ARTICLE 218. The National Defense Council is the highest body of the State, whose fundamental mission is to organize, direct, and prepare the country, during times of peace, for its defense, and to ensure compliance with current regulations relating to the defense and security of the nation. During exceptional situations and disasters, it directs the country and assumes the powers that correspond to the bodies of the State, with the exception of the constituent power. ARTICLE 219. The National Defense Council is composed of the President of the Republic, who presides over it, who, in turn, appoints a Vice President and such other members as may be determined by law. The law regulates the organization and operation of the National Defense Council and its structures at the different levels. CHAPTER III ARMED INSTITUTIONS OF THE STATE ARTICLE 220. The armed institutions of the State are the Revolutionary Armed Forces and the armed formations of the Ministry of the Interior, which, in order to fulfill 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. ARTICLE 221. The essential mission of the armed institutions is to protect and maintain the independence and sovereignty of the State, its territorial integrity, its security, and peace. 114 Official Gazette April 10, 2019 CHAPTER IV EXCEPTIONAL AND DISASTER SITUATIONS ARTICLE 222. In the interest of guaranteeing national defense and security, in the event of a military aggression or in the imminence of it or other circumstances that affect them, the following may be decreed temporarily throughout the country, as appropriate,The exceptional situations of the State of War or War, General Mobilization, and the State of Emergency, the latter of which may also be declared in a part of the national territory. The law regulates the manner in which exceptional situations are declared, their effects, and termination. ARTICLE 223. In the event of disasters, regardless of their nature, in which circumstances the population or the social and economic infrastructure are affected, to such an extent that it exceeds the usual response and recovery capacity of the affected country or territory, a Disaster Situation may be declared. The law regulates everything concerning the establishment, effects, and termination of disaster situations. ARTICLE 224. During the validity of exceptional and disaster situations, the law determines the rights and duties recognized by the Constitution, the exercise of which must be regulated differently. ARTICLE 225. Once normality has been restored to the country, the National Defense Council shall be accountable to the National Assembly of People's Power for its decisions and management during that period. TITLE XI REFORM OF THE CONSTITUTION ARTICLE 226. This Constitution may only be amended by the National Assembly of People's Power through an agreement adopted, by roll-call vote, by a majority of no less than two-thirds of the total number of its members. ARTICLE 227. The following have the initiative to promote reforms to the Constitution: a) the President of the Republic; b) the Council of State; c) the Council of Ministers; d) the deputies to the National Assembly of People's Power, through a proposal signed by no less than one-third of its members; e) the National Council of the Cuban Workers' Central Union and the national leaderships of other mass and social organizations; and f) citizens, by means of a petition addressed to the National Assembly of People's Power, signed before the National Electoral Council by at least fifty thousand voters. The law establishes the procedure, requirements and guarantees for its request and implementation. April 10, 2019 Official Gazette 115 ARTICLE 228. When the reform refers to the composition and functions of the National Assembly of People's Power or the Council of State, to the powers or term of office of the President of the Republic, to the rights, duties and guarantees enshrined in the Constitution, ratification by the favorable vote of the majority of voters in a referendum called for such purposes is also required. ARTICLE 229. In no case may the pronouncements on the irrevocability of the socialist system established in Article 4, and the prohibition of negotiating under the circumstances provided for in paragraph a) of Article 16, be amended. SPECIAL PROVISIONS FIRST: The deputies to the National Assembly of People's Power of the IX Legislature remain in office until their term ends. SECOND:The current term of office of delegates to the municipal assemblies of People's Power is extended to five years, counting from the date of their constitution. TRANSITIONAL PROVISIONS FIRST: Within six months of the entry into force of this Constitution, the National Assembly of People's Power shall approve a new Electoral Law, regulating the election of deputies to 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 vice governors, the delegates to the municipal assemblies of People's Power, their President and Vice President. SECOND: After the approval of the Electoral Law, the National Assembly of People's Power, within three months, shall elect from among its deputies its President, Vice President, and Secretary, the other members of the Council of State, and the President and Vice President of the Republic. THIRD: Once elected, the President of the Republic, within a period of three months, proposes to the National Assembly of People's Power the appointment of the Prime Minister, Deputy Prime Ministers, the Secretary, and other members of the Council of Ministers. FOURTH: The provincial assemblies of People's Power remain in office until the governors, deputy governors, and provincial councils take office. FIFTH: Once elected, the President of the Republic, within a period of three months, proposes to the respective municipal assemblies of People's Power the election of the provincial governors and deputy governors by their delegates. SIXTH: The municipal assemblies of People's Power, within a period of three months, appoint those who will occupy the positions of mayors after the election of the provincial governors and deputy governors. 116 Official Gazette April 10, 2019 SEVENTH: The National Assembly of People's Power, within one year of the entry into force of the Constitution, approves its regulations and those of the Council of State. EIGHTH: The Council of Ministers, within two years of the entry into force of the Constitution, submits to the National Assembly of People's Power the draft new regulations for that body and for the provincial governments. NINTH: The National Assembly of People's Power, within two years of the entry into force of the Constitution, approves the regulations of the municipal assemblies of People's Power and their administrative councils. TENTH: The Governing Council of the Supreme People's Court, within eighteen months of the entry into force of the Constitution, submits to the National Assembly of People's Power the draft new Law on People's Courts, adjusted to the changes established in this Constitution, as well as the proposed modifications to the Law of Criminal Procedure and the Law of Civil, Administrative,Labor and Economic, as appropriate. ELEVENTH: Taking into account the results of the Popular Consultation, the National Assembly of People's Power shall, within two years of the Constitution's entry into force, initiate the process of popular consultation and referendum on the draft Family Code, which must include the form of marriage constitution. TWELFTH: The National Assembly of People's Power, within eighteen months of the Constitution's entry into force, approves the legislative amendments required to implement the provisions of Article 99, regarding the possibility of citizens accessing judicial channels to claim their rights. THIRTEENTH: The National Assembly of People's Power approves, within one year of the Constitution's entry into force, a legislative schedule to comply with the drafting of laws implementing the precepts established in this Constitution. FINAL PROVISIONS FIRST: The Constitution of the Republic of Cuba, of February 24, 1976, as drafted by the reforms of 1978, 1992 and 2002, is hereby repealed. SECOND: This Constitution shall enter into force, once proclaimed, from its publication in the Official Gazette of the Republic.