User:Glide08/Sandbox/Constitution of Cuba (1976)

=CONSTITUTION=

PREAMBLE
WE, CUBAN CITIZENS, heirs and continuators of the creative work and the traditions of combativity, firmness, heroism and sacrifice fostered by our ancestors; by the Indians who preferred extermination to submission; by the slaves who rebelled against their masters; by the patriots who in 1868 launched the wars of independence against Spanish colonialism and those who in the last drive of 1895 brought them to victory in 1898, a victory usurped by the military intervention and occupation of Yankee imperialism; by the workers, peasants, student and intellectuals who struggled for over fifty years against imperialist domination, political corruption, the absence of people’s rights and liberties, unemployment and exploitation by capitalists and landowners; by those who promoted, joined and developed the first organizations of workers and peasants, spread socialist ideas and founded the first Marxist and Marxist-Leninist movements; by the members of the vanguard of the generation of the centenary of the birth of Martí who, imbued with his teachings, led us to the people’s revolutionary victory of January; by those who defended the Revolution at the cost of their lives, thus contributing to its definitive consolidation; by those who en masse carried out heroic internationalist missions; GUIDED by the victorious doctrine of Marxism-Leninism; BASING OURSELVES on proletarian internationalism, on the fraternal friendship and cooperation of the Soviet Union and other socialist countries, and on the solidarity of the workers and peoples of Latin America and the world; AND HAVING DECIDED to carry forward the triumphant Revolution of the Moncada and of the Granma of the Sierra and of Girón under the leadership of Fidel Castro, which sustained by the closest unity of all revolutionary forces and of the people won full national independence, established revolutionary power, carried out democratic changes, started the construction of socialism and, with the Communist Party at the forefront, continues this construction with the objective of building a communist society; AWARE that all regimes of exploitation of man by man cause the humiliation of the exploited and the degradation of the human nature of the exploiters; that only under socialism and communism, when man has been freed from all forms of exploitation – slavery, servitude and capitalism – can full dignity of the human being be attained; and that our Revolution uplifted the country and of Cubans; WE DECLARE our will that the law of laws of the Republic be guided by the following strong desire of José Martí, at last achieved; "I want the fundamental law of our republic to be the tribute of Cubans to the full dignity of man"; AND ADOPT by means of our free vote in a referendum, the following:

CHAPTER I. POLITICAL, SOCIAL AND ECONOMIC PRINCIPLES OF THE STATE
Article 1: The Republic of Cuba is a socialist state of workers and peasants, and all other manual and intellectual workers.

Article 2: The national symbols are those which, for over one hundred years, have presided over the Cuban struggles for independence, the rights of the people and social progress: the flag of the lone star; the anthem of Bayamo; the coat of arms of the royal palm.

Article 3: The capital of the Cuban state is Republic of Cuba is the city of Havana.

Article 4: In the Republic of Cuba all the power belongs to the working people, who exercise it directly or through the assemblies of People’s Power and other state bodies which derive their authority from these assemblies. The power of the working people is sustained by the strong alliance of the working class with the peasants and the other strata of urban and rural workers, under the direction of the working class.

Article 5: The Communist Party of Cuba, the organized Marxist-Leninist vanguard of the working class, is the leading force of society and of the state, which organizes and guides the common effort toward the goals of the construction of socialism and the progress toward a communist society.

Article 6: The Young Communist League, the organization of the vanguard youth, under the direction of the Party, works to prepare its members as future militants and contributes to the education of the new generations in the ideals of communism, through its incorporation into studies and patriotic, labor, military, scientific and cultural activities.

Article 7: The Cuban socialist state recognizes and stimulates the social and mass organizations, which arose from the historic process of struggles of our people. These organizations gather in their midst the various sectors of the population, represent specific interests of the same and incorporate them to the tasks of the edification, consolidation and defense of the socialist society.

Article 8: The state recognizes, respects and guarantees freedom of religion. In the Republic of Cuba, religious institutions are separate from the state. The different beliefs and religions enjoy the same consideration.

Article 9: The state: a) carries out the will of the working people and - channels the efforts of the nation in the construction of socialism; - maintains and defends the integrity and the sovereignty of the country; - guarantees the liberty and the full dignity of man, the enjoyment of his rights, the exercise and fulfillment of his duties and the integral development of his personality; - consolidates the ideology and the rules of living together and of conduct proper of a society free from the exploitation of man by man; - protects the constructive work of the people and the property and riches of the socialist nation; - directs in a planned way the national economy; - assures the educational, scientific, technical and cultural progress of the country; b) as the power of the people and for the people, guarantees - that every man or woman, who is able to work, have the opportunity to have a job with which to contribute to the good of society and to the satisfaction of individual needs; - that no disabled person be left without adequate mean of subsistence; - that no sick person be left without medical care; - that no child be left without schooling, food and clothing; - that no young person be left without the opportunity to study; - that no one be left without access to studies, culture and sports; c) works to achieve that no family be left without a comfortable place to live.

Article 10: All state bodies, their leaders, officials and employees function within the limits of their respective competency and are under the obligation to strictly observe socialist legality and to look after the respect of the same within the context of the whole of society.

Article 11: The state exercises its sovereignty: a) over the entire national territory, which consists of the island of Cuba, the Isle of Youth and all other adjacent islands and keys; internal waters; the territorial waters in the extension prescribed by law; and the air space corresponding to the above; b) over the environment and natural resources of the country; c) over mineral, plant and animal resources on and under the ocean floor and those in waters comprised in the Republic’s maritime economic area, as prescribed by law, in keeping with international practice. The Republic of Cuba rejects and considers illegal and null all treaties, pacts and concessions which were signed in conditions of inequality, or which disregard or diminish its sovereignty and territorial integrity.

Article 12: The Republic of Cuba espouses the principles of anti-imperialism and internationalism, and a) ratifies its aspirations to a valid, true and dignified peace for all states, big or small, weak or powerful, based on respect for the independence and sovereignty of the peoples and the right to self-determination; b) establishes its international relations based on the principles of equality of rights, self-determination of the peoples, territorial integrity, independence of states, international cooperation for mutual and equitable benefit and interest, peaceful settlement of disputes on an equal footing and based on respect and the other principles proclaimed in the United Nations Charter and in other international treaties which Cuba is a party to; c) reaffirms its desire for integration and cooperation with the countries of Latin America and the Caribbean, whose common identity and historical need to advance united on the road to economic and political integration for the attainment of true independence would allow us to achieve our rightful place in the world; d) advocates the unity of all Third World countries in the face of the neocolonialist and imperialist policy which seeks to limit and subordinate the sovereignty of our peoples, and worsen the economic conditions of exploitation and oppression of the underdeveloped nations; e) condemns imperialism, the promoter and supporter of all fascist, colonialist, neocolonialist and racist manifestations, as the main force of aggression and of war, and the worst enemy of the peoples; f) repudiates direct or indirect intervention in the internal and external affairs of any state and, therefore, also repudiates armed aggression, economic blockade, as well as any other kind of economic or political coercion, physical violence against people residing in other countries, or any other type of interference with or aggression against the integrity of states and the political, economic and cultural elements of nations; g) rejects the violation of the inalienable and sovereign right of all states to regulate the use and benefits of telecommunications in their territory, according to universal practice and international agreements which they have signed; h) considers wars of aggression and of conquest international crimes; recognizes the legitimacy of the struggle for national liberation, as well as of armed resistance to aggression; and considers that its solidarity with those under attack and with the peoples that struggle for their liberation and self-determination constitutes its internationalist duty; i) bases its relations with those countries building socialism on fraternal friendship, cooperation and mutual assistance, founded on the common objectives of the construction of a new society; j) maintains friendly relations with those countries which – although having a different political, social and economic system – respect its sovereignty, observe the rules of coexistence among states and the principles of mutual conveniences, and adopt an attitude of reciprocity with our country.

Article 13: The Republic of Cuba grants asylum to those who are persecuted because of their ideals or their struggles for democratic rights; against imperialism, fascism, colonialism and neocolonialism; against discrimination and racism; for national liberation; for the rights of workers, peasants and students and the redress of their grievances; for their progressive political, scientific, artistic and literary activities; for socialism and peace.

Article 14: In the Republic of Cuba rules the socialist system of economy based on the people’s socialist ownership of the fundamental means of production and on the abolition of the exploitation of man by man. In Cuba also rules the principle of socialist distribution of "from each according to his capacity, to each according to his work." The law establishes the provisions which guarantee the effective fulfillment of this principle.

Article 15: Socialist state property, which is the property of the entire people, comprises: a) the lands that do not belong to small farmers or to cooperatives formed by them, the subsoil, mines, mineral, plant and animal resources in the Republic’s maritime economic area, forests, waters and means of communications; b) the sugar mills, factories, chief means of transportation and all those enterprises, banks and facilities that have been nationalized and expropriated from the imperialist, landholders and bourgeoisie, as well as the factories, enterprises and economic facilities and scientific, social, cultural and sports centers built, fostered or purchased by the state and those to be built, fostered or purchased by the state in the future. Property ownership may not be transferred to natural persons or legal entities, save for exceptional cases in which the partial or total transfer of an economic objective is carried out for the development of the country and does not affect the political, social and economic foundations of the state, prior to approval by the Council of Ministers or its Executive Committee. The transfer of other property rights to state enterprises and other entities authorized to fulfill this objective will be prescribed by law.

Article 16: The state organizes, directs and controls the economic life of the nation according to a plan that guarantees the programmed development of the country, with the purpose of strengthening the socialist system, of increasingly satisfying the material and cultural needs of society and of citizens, of promoting the flourishing of human beings and their integrity, and of serving the progress and security of the country. The workers of all branches of the economy and of the other spheres of social life have an active and conscious participation in the elaboration and execution of the production and development plans.

Article 17: The state directly administers the goods that make up the socialist property of the entire people’s, or may create and organize enterprises and entities to administer them, whose structure, powers, functions and the system of their relations are prescribed by law. These enterprises and entities only answer for their debts through their financial resources, within the limits prescribed by law. The state does not answer for debts incurred by the enterprises, entities and other legal bodies, and neither do these answer for those incurred by the state.

Article 18: The state controls and directs foreign trade. The law establishes the state institutions and officials authorized to: - create foreign trade enterprises; - standardize and regulate export and import transactions; and - determine the natural persons or legal bodies with judicial powers to carry out these export and import transactions and to sign trade agreements.

Article 19: The state recognizes the right of small farmers to legal ownership of their lands and other real estate and personal property necessary for the exploitation of their land, as prescribed by law. Small farmers may only incorporate their lands to agricultural production cooperatives with the previous authorization of the competent state body and fulfillment of the other legal requirements. They may also sell their lands, swap them or transfer them for another title to the state and agricultural production cooperatives, or to small farmers in the cases, forms and conditions prescribed by law, without detriment to the preferential right of the state to the purchase of the land while paying a fair price. Land leases, sharecropping, mortgages and all other acts which entail a lien on the land or cession to private individuals of the rights to the land which is the property of the small farmers are all prohibited. The state supports the small farmers’ individual production which contributes to the national economy.

Article 20: Small farmers have the right to group themselves, in the way and following the requirements prescribed by law both for the purpose of agricultural production and for obtaining state loans and services. The establishment of agricultural production cooperatives in the instances and ways prescribed by law is authorized. Ownership of the cooperatives, which constitutes an advanced and efficient form of socialist production, is recognized by the state. The agricultural production cooperatives manage, own use and dispose of the goods they own, as prescribed by law and by its regulations. Land owned by cooperatives may not be seized or taxed and its ownership may be transferred to other cooperatives or to the state, according to the causes and as prescribed by law. The state gives all possible support to this form of agricultural production.

Article 21: The state guarantees the right to personal ownership of earnings and savings derived from one’s own work, of the dwelling to which one has legal title and of the other possessions and objects which serve to satisfy one’s material and cultural needs. Likewise, the state guarantees the right of citizens to ownership of their personal or family work tools. These tools may not be used to obtain earning derived from the exploitation of the work of others. The law establishes the amount of goods owned by a person which can be seized.

Article 22: The state recognizes the right of political, mass and social organizations to ownership of the goods intended for the fulfillment of their objectives.

Article 23: The state recognizes the right to legal ownership of joint ventures, companies and economic associations which are created as prescribed by law. The use enjoyment and disposal of the goods owned by the above-mentioned entities are ruled by that prescribed by law and by accords, as well as by their statutes and regulations.

Article 24: The state recognizes the right of citizens to inherit legal title to a place of residence and to other personal goods and chattels. The land and other goods linked to production in the small farmers’ property may be inherited by and only be awarded to those heirs who work the land, save exceptions and as prescribed by law. The law prescribes the cases, conditions and ways under which the goods of cooperative ownership may by inherited.

Article 25: The expropriation of property for reasons of public benefit or social interest and with due compensation is authorized. The law establishes the method for the expropriation and the bases on which the need for and usefulness of this action is to be determined, as well as the form of compensation, taking into account the interest and the economic and social needs of the person whose property has been expropriated.

Article 26: Anybody who suffers damages unjustly caused by a state official or employee while in the performance of his public functions has the right to claim and obtain the corresponding indemnification as prescribed by law.

Article 27: The state protects the environment and natural resources. It recognizes the close links they have with sustainable economic and social development to make human life more rational and to ensure the survival, well-being and security of present and future generations. The application of this policy corresponds to the competent bodies. It is the duty of citizens to contribute to the protection of the waters, atmosphere, the conservation of the soil, flora, fauna and nature’s entire rich potential.