Legal bases of the Republic of Cuba political system

Constitution of 1976 February 24
Constitution with amendments of 1992 July
Constitution with amendments of 1993 June
State Administration:

1. Head of State: Raul Castro, President of the Cuban Council of State and President of the Council of Ministers

In Cuban political system the President performs the function of the head of State and the head of the government at the same time.[1]

In 1957 interviewed by Herbert Matthews (New York Times) Fidel Castro declared:

„I am not interested in power. If I win I will come back to my home village to continue law career”.

However, it was already in June 1959 that he abandoned his promise of organizing democratic election to government and suspended later the Constitution of 1949. It was not until the year 1976 that the basic law was adopted on Cuba and “president” (who was not chosen in the election) governed by means of decrees. In the year 1960 judges lost their independence and were submitted to central authorities, which was contrary to the principle of division of power.

The Constitution of 1976 was patterned after the basic law of the Soviet Union. Additional amendments limited citizens’ right to join together freely (there are still here and there captions on the doors „ It is prohibited to organize gatherings under the threat of punishment!)

Election:

The president together with his deputy is chosen by the National Assembly every five years. Latest election took place on the 6th of March 2003, whereas the next ones were announced for the year 2008. The outcome of the election: having received 100 percent of votes Fidel was reelected for the President whereas Raul was again chosen for the Vice President with 100 percent votes cast.
Government: the Council of Ministers selected by the President of Council of State chosen by the National Assembly;

Council of State is chosen by the National Assembly. Fidel Castro dominated political system of Cuba by transforming it into one party country. Communist structures became institutionalized on the First Congress PCC in 1976.

The Constitution guarantees formation of the National Assembly. The Assembly theoretically appoints Council of State and that in turn in agreement with the President designates members of Council of Ministers. The President is simultaneously the head of State and the head of government.

In reality this is Castro who makes each appointment. Holding the position of the President of the Council of Ministers, Head of Council of States, Marshal of the Revolutionary Armed Forces (FAR) and First Secretary of PCC he controls all aspects f power. PCC is the only legal political party who utterly monitors all governmental agencies at state and municipal level.

The National Assembly

Single-chamber National Assembly of People’s Power - Asemblea Nacional del Poder Popular.

Make-up: 609 members selected directly from lists first accepted by the special commissions. Five- year-long term.

The latest election to the National Assembly: 19 January 2003.

Results: PCC 97,6%, PCC-609 seats. Cuban propaganda always emphasizes “general” support for the elected proven by cited statistics, at the same time it underlines existence of pluralism of opinions displayed by presence of opposite votes.

In 1993 there was organized secret and direct election in which 95 percent of candidates were put up by PCC while the rest came from the organizations subject to PCC. All candidates received mandates.

The executive power:

The president of the Council of Ministers and of Council of States: Raul Castro Ruiz

The government is designated by PCC.

The Parliament:

The National Assembly holds 601 members chosen every five years out of PCC Partido Comunista de Cuba lists by municipal delegates (districts - municipalities). In latest election there were not any other political parties. Yet, there were the same amount of candidates (601) as the amount of seats...

The Assembly gathers on plenary sessions twice a year for several days to approve decisions already made by the Council of Ministers or Council of State.

Political Party:
There is only one party. Other parties are banned.
Partido Unido de la Revolución Socialista has been an artificial formation commissioned by several parties and anti-Batista movements.
In 1965 Partido Unido de la Revolucion Socialista (the United Party of the Cuban Socialist Revolution) set up PCC Partido Comunista de Cuba (Communist Party of Cuba). Combination of party unification process and “advance stage of political ideological awareness of nation” gave rise to formation of Central Committee. According to its program declarations the party became “the tool to produce socialism and communism”.

PCC bases its activity on the rule of democratic centralism [2].

Centralismo democrático means subordination to the criteria of the majority, which requires strict discipline, consciousness of extended internal democracy, collective compliance of instructions and individual responsibility of every militante (fighter)

In the second chapter of regulations of PCC base organizations, in article 13 it says clearly: “While performing their duty basic cells act according to the rules of democratic centralism which regulate the entire internal life and constitute basic condition of ideological, political cohesion and unity of action”.

The Constitution of the Republic of Cuba was approved in people’s referendum attended by 98 percent of electorate on the 15th of February 1976. 97,75 of voters backed up the Constitution which defined a new role of the Party. The article 5 of Constitution’s first chapter reads as follow: “PPC, Marxist-Leninist advance organized guard of Cuban nation makes major and leading force of Society and Country. It organizes and directs common efforts with the aim of building socialism and communist society”.

Fidel defines the role of party as follow: the Party „must be an exemplary worker who above all accepts ideology of Revolution. Besides, he must desire to belong to revolutionary core and to accept responsibility resulted from that affiliation. The association with the party requires also living a life of integrity”.

The whole rhetoric of the Party is imbued with Marxist-Leninist phraseology. According to official propaganda version all party posts are elective. They come from so called party base and reach the Central Committee. Having appointed somebody for the post the party holds consultation with masses present in centers where candidates work as well as in places of candidates’ residence. Meetings of working people and other gatherings provide perfect occasion to obtain such information. Then, details and revolutionary leanings of the comrades are displayed for public – they are presented on walls, in local papers and in other ways – so that every worker and citizen could express his or her possible objections and opinions referring to a candidate. The remarks of people are taken into consideration while making final decision on accepting candidates.

Finally, after asking around in entirely democratic environment citizens cast their vote by direct and secret ballot.

Why is there only one party?

„Reasons are rooted in history. Yet, they can be still applicable to present time […] to successfully lead fight for independence against Spanish metropolis at the end of 19th century the national hero Jose Marti organized the party; analogically history proves that in order to create socialist revolution in the world ruled by imperialism and neocolonialism there must be organized only one party which will bring more just society to the nation […] Today, […] reasons for having only one party organization, one program base and unity of national activities are still obvious.

Communist Party of Cuba is the party of Cuban nation which means its main objective is to protect Cuban independence and to guard basic aspects of Cubans’ dignity, health, education, child and the elderly care and others. PCC program base encompasses main goals of the whole society. That, however, does not contradict presence of pluralism of ideas. Therefore among party members there are atheists and believers, working class next to ruling one, workmen and farmers [...].”[3]

Socialist System:

On 16 April 1961 in the name of revolutionary authorities Castro proclaimed Cuban Revolution socialist. Before that, voices of criticism calling his ideas socialist resounded throughout the whole world. Those opinions Castro either ignored or fought against.

During the Fifth Congress of PCC in 1997 Fidel emphasized: „We will do what is necessary without relinquishing our principles. We do not like capitalism and we are not going to resign from our socialist system”.

In the preamble of the Constitution these are Marxist-Leninist ideas that are supposed to provide intellectual guidance to the nation. They lean on the international proletariat.

Primary Organizations of social-political life:

Communistic infiltration on Cuba applies to every level of existence. This phenomenon explains why Cuban system is often regarded as totalitarian.

There is only one trade union – the Central Workers’ Union of Cuba. Yet, in 1962 Fidel Castro, the president of socialist country, deprived the workers of their right to strike.

CDR was set up by Fidel in September (28) 1960. The ground for its activity is a territorial district called cuadra (quarter of streets) organized on the model of army. There is a commander whose job is to monitor citizens’ moves. Such social control can be particularly
piercing. Members of CDR have to participate in committee meeting. Besides, they are obliged to patrol and keep guard. This system of controlling and informing effectively prevents from living in freedom and privacy.

The reason why CDR was created became clear after March 1961 when on the initiative of Ramiro Valdes - the head of security service - there was carried out a round-up based on lists prepared by CDR. As a result of weekend round-up over 100 thousand people were detained, many of those were eventually sent to penal institutions.

CDRs organized infamous „actos de repudio” - massive revolutionary activities which are nothing else but public frightening, humiliating and beating citizens regarded as society’s enemies. In response to mass exodus of millions of Cubans from Mariel port to the U.S. in 1989, which phenomenon Fidel Castro officially accepted, actos de repudio became common. Up to present time those traumatic moments remain in the memory of Cuban citizens evoking feelings of remorse.

Official propaganda of CDR:

„CDR numbers over 7 million members, which constitutes over 80 percent of population (above the age of 40). It emerged as an impulsive and valiant response to terrorism of counterrevolutionaries. People offer support for watching/overseeing/guarding and fighting with the enemy. They also work to upgrade level of political education among population, to promote voluntary work, to back up honorary blood donation and collection of recyclable materials.

“To a new task assigned by revolution CDR member always approaches enthusiastically. To any sign of reactionary elements he responds immediately with effectiveness and massive stimulation his neighbors’ attention” [4]

Massive organizations structured top-down in official nomenclature called non-governmental organizations (although it is a misused term): CTC, FMC (women), ANAP, FEU(students), FEEM (high schools’ students), UJC, UNEAC (writers and artists), UPEC(journalists).

Political rights and civil liberties:

According to Freedom House Cubans do not have possibility of changing their government by means of democratic actions. In 1988 members of the National Assembly were chosen in the process which allegedly encompassed 98,35 percent of 7,8 million registered voters. There was the same amount of candidates as a number of elective seats. Neither opposition nor dissidents could present their candidates. Although the Assembly theoretically is equipped with instruments of executive power, it delegates during non-session periods (which means majority of time) its prerogatives to 31-member State Council that is chosen by the Assembly and led by Fidel Castro.

On Cuba all political and social organizations except from PCC are illegal. Any opinion even slightly different from the one system imposes can either lead to prison or end with repression that would affect also family and friends of the suspect. A mere fact of owning a fax machine can result in imprisonment.

All aspects of life including the judiciary system are submitted to PCC. According to law executive power controls the judiciary.

100 QUESTIONS AND ANSEWRS REFERRING TO CUBA

„What is the most serious crime committed by Cuban citizen?

"Treason is the most serious offense. According to the Constitution of Cuban Republic anyone who commits it becomes the subject of the most severe sanctions”

[1] Carmen R. Alfonso Hernandez, 100 preguntas y respuestas sobre Cuba.