Vision towards the present and the future of the Homeland
Main aspects of the Draft Constitution
Author: Granma |
internet@granma.cu
July 13, 2018 20:07:04
The text reaffirms the socialist character of our political, economic and social system, as well as the leading role of the Communist Party of Cuba as a leading force of society and the State. Photo: Romero Cruz, Yusmary
The experience acquired in these years of the Revolution and the new directions drawn from the implementation of the Guidelines for Economic and Social Policy approved in the Sixth Party Congress, the objectives emanating from its First National Conference, as well as the decisions made adopted in the VII Congress of the party organization constitute, among other important aspects, elements that favored and made necessary to carry out a reform of the current Constitution of the Republic.
Comrade Miguel Díaz-Canel Bermúdez, President of the Councils of State and of Ministers, in the extraordinary session of the National Assembly of Popular Power, on June 2, 2018, said: "For several years a group of compañeros, one part of which are deputies and are among those proposed to join the Commission, was commissioned by the Political Bureau to analyze the impact that the changes that have been experienced have on the constitutional order, to evaluate issues that need to be incorporated to the constitutional text, by virtue of our experiences in the construction of socialism, and to study constitutional processes developed in various countries, as well as to deepen aspects of our history and constitutional tradition ».
The Working Group, chaired by Army General Raul Castro Ruz, and with the collaboration and advice of several specialists, elaborated the legislative bases with a view to the reform of the Constitution approved by the highest governing body of the Party on June 29. of 2014 and, after numerous sessions of study and debate, presented the result of their work to the Political Bureau and the Plenary of the Central Committee, instances in which an in-depth analysis of the proposals was made.
By agreement of the National Assembly, in an extraordinary session held on June 2 of this year, it was agreed to begin the Constitutional Reform process and approve as a first step the creation of a Commission for these purposes. In representation of the different sectors of our society, 33 deputies were selected and approved, who are part of the Commission responsible for the preparation of this Preliminary Draft.
The Commission, chaired by Army General Raúl Castro Ruz, and with the presence of the President of the Councils of State and Ministers, Miguel Díaz-Canel Bermúdez, and the Second Secretary of the Central Committee of the Party, José Ramón Machado Ventura, has I have been developing intense days of reflection and analysis, taking as reference the studies carried out previously and the contribution of experts from various institutions.
Recently, the Commission presented a Draft of the new Constitution of the Republic to the 7th Plenum of the Central Committee of the Party and the Council of State, in which each of its precepts was deeply analyzed.
The document will be presented to the National Assembly of the People's Power on the 21st, 22nd and 23rd of this month, with the objective that it be studied by all the deputies and approved to submit it to consultation with our people, the main architect of this process.
MAIN ASPECTS OF ITS CONTENT
The project is consistent with what was expressed by comrade Raúl Castro Ruz, at the First National Conference of the Party, on January 28, 2012, when he said: «(...) leave behind the burden of the old mentality and forge intentionally transforming and political sensitivity the vision towards the present and the future of the Homeland, without abandoning, for a moment, the martian legacy and the doctrine of Marxism-Leninism that constitute the main ideological foundation of our revolutionary process ».
The text reaffirms the socialist character of our political, economic and social system, as well as the leading role of the Communist Party of Cuba as a leading force of society and the State.
It is a proposal for a new Constitution of the Republic, which will derive from a process of total reform under Article 137 of the current Constitution, in response to the profound changes that are proposed.
It defines the Cuban State as a socialist state of law, democratic, independent and sovereign, organized with all and for the good of all, as a unitary and indivisible republic, founded on work, dignity and ethics of its citizens, whose essential objectives are the enjoyment of political freedom, equity, justice and social equality, solidarity, humanism, welfare, and individual and collective prosperity.
It is to signify that the proposal enhances the supremacy of the Constitution within the legal system and the obligatory nature of its observance and compliance by all, as well as the rule of law in the actions of the organs of the State, its directors and the people.
The project consists of a Preamble and 224 articles, divided into 11 titles, 24 chapters and 16 sections.
The political foundations of the socialist and revolutionary state remain unchanged and are incorporated within their essential purposes, among others, the promotion of sustainable development that ensures individual and collective prosperity, work to achieve greater levels of equity and social justice, as well as preserve and multiply the achievements of the Revolution.
It is also to mean the obligation of the organs of the State, its directors, officials and employees, to respect and attend to the people, maintain close ties with it and submit to its control.
With regard to international relations, the principles that sustain our foreign policy are ratified constitutionally, incorporating others that are not in the current text, among them, the promotion of respect for international law and multipolarity among States; the repudiation of all forms of terrorism, particularly State terrorism; the rejection of the proliferation and use of nuclear weapons, of mass extermination or others with similar effects; the protection and conservation of the environment and the fight against climate change, as well as defends the democratization of cyberspace and condemns its use for subversive and destabilizing purposes of sovereign nations.
It is a project to consolidate and give continuity to a socialist, democratic, prosperous and sustainable system. Photo: Dilbert Reyes Rodríguez
The economic system that it reflects maintains as essential principles the socialist property of all the people on the fundamental means of production and planning as the main component of management, to which is added the recognition of the role of the market and of new forms of ownership, between they are private, in correspondence with the Conceptualization of the Cuban Economic and Social Socialist Development Model and the Guidelines of the Economic and Social Policy of the Party and the Revolution, as a result of the consultation with broad sectors of society.
The state company stands out as the main subject of the national economy and its autonomy is recognized as an essential operating principle.
It also ratifies constitutionally the importance of foreign investment for the economic development of the country, with due guarantees.
Regarding private property on the land, a special regime is maintained, with limitations on its transmission and the preferential right of the State to its acquisition through its fair price.
Regarding citizenship, we propose to affiliate ourselves with the principle of effective citizenship: "Cuban citizens, in the national territory, are governed by this condition and can not make use of foreign citizenship."
In a singular way it reflects a wide range of rights, in line with the international instruments of which in this matter Cuba is a part.
It ratifies the access and the gratuitousness as far as the attention, protection and recovery of the services of health, as well as in the education, from the preschool education to the university one of undergraduate, sending to the law the way in which these rights can be developed.
They emphasize the constitutional recognition of other rights essentially in matters of justice and due process, including the presumption of innocence; the social reintegration of persons deprived of their liberty; to be treated with respect to their dignity and physical, moral and moral integrity, as well as to be prosecuted and condemned by a competent, independent, impartial and legally pre-established tribunal.
The rights relative to the freedom to profess or not religious beliefs are maintained, to change them and to practice the one of their preference with the due respect to other creeds and in accordance with the law.
Establishes the obligation of the State, society and families to protect and assist the elderly, as well as the care required by disabled people for their rehabilitation and the improvement of the quality of life.
The content of the right to equality acquires greater development, by incorporating the existing ones, among others, non-discrimination due to gender identity, ethnic origin and disability.
The bill establishes that the rights of people are limited only by the rights of others, collective security, general welfare, respect for public order, the Constitution and the law.
Likewise, mechanisms for the defense of individuals before the courts of justice are needed to safeguard their rights, given the undue action or omission in their functions by State bodies, their directors, officials and employees.
Along with the rights that are recognized, civic and political duties are also defined to be fulfilled by the citizens, among them, contributing to public expenditures; keep due respect to the authorities and their agents; To conserve and protect the goods and resources that are put at the service of the entire people.
Regarding the structure of the State, the following is meant:
The National Assembly of People's Power retains its status as the supreme organ of the State and the only one with constitutional and legislative power.
The Council of State remains as the permanent organ of the National Assembly of People's Power, with the particularity that the president, vice president and secretary of that, are also the Council of State, with what is intended to achieve greater continuity and linkage between both institutions.
The figure of the President and Vice President of the Republic is established.
The President holds the status of head of state, is elected by the National Assembly of People's Power, among its deputies, for a period of five years, and can hold that office for up to two consecutive terms, after which he can not perform it again .
The Council of Ministers maintains its status as the highest executive and administrative body, constitutes the Government of the Republic and will be under the direction of a Prime Minister, a position it intends to create.
As for the courts, the main novelty consists in the possibility of integrating collegially or not into the acts of imparting justice and the mandatory non-participation in all cases of lay judges.
In relation to the state organs of constitutional rank it is proposed to incorporate with that character the Comptroller General of the Republic and institute the National Electoral Council to attend to the electoral processes in the country.
In the local bodies of Popular Power, the proposal to eliminate the provincial assemblies and its administrative body is significant and, instead, a Provincial Government, composed of a Governor and a Council at that level, formed by the presidents of the assemblies. of the Popular Power and the intendants (they direct the Municipal Administration Council).
At the municipal level it is proposed to extend the mandate of the delegates to five years and to recognize the municipality autonomy in terms of its management, in order to seek a faster and more efficient attention to the problems and claims of the locality.
Special interest is given to the guarantees of local petition and participation rights, among which mention is made of the possibility of convening popular consultations on matters of interest to the locality, the right of the population to propose analysis of topics in the assemblies and the correct attention to the requests, expositions, complaints and denunciations of the citizens.
The aspects concerning National Defense and Security are developed in a Title, defining that the strategic conception of defense is based on the doctrine of the War of the Whole People.
It is specified that the National Defense Council is a superior body of the State that directs the country during exceptional situations and disasters.
As regards the reform of the Constitution, the authorized individuals are required to promote it and the intangibility clauses concerning the irrevocability of socialism and the political, social and economic system, as well as the prohibition to negotiate under aggression, threat or coercion, are maintained. of a foreign power.
For the entry into force of part of the contents, special, transitory and final provisions are foreseen.
In short, it is a project to consolidate and give continuity to a socialist, democratic, prosperous and sustainable system.
http://www.granma.cu/cuba/2018-07-13/vi ... 8-20-07-04
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