What's new in Cuba's proposed new constitution

World
Europe

A public consultation on the proposed overhaul of Cuba's constitution has begun.

The governing Communist Party launched a public debate on Monday on the recommended changes in such areas the structure of the country’s government, gay rights and private property as it moves to revamp a Cold War-era constitution.

The reform of the island’s 1976 Magna Carta will be discussed in 35,000 workplaces and community meetings into November after its recent approval by the Parliament. Once the debate is wrapped up, the legislature will approve a new draft and submit it to a nationwide vote early next year.

Here are the basics of how the new version would transform Cuba.

Cubans attend a public political discussion to revamp a Cold War-era constitution in Havana, August 13, 2018. /VCG Photo

Communism

The new version keeps the Communist Party as the only legal party and its role as the guide of the nation, stating this is irrevocable. Yet, it eliminates a reference in the current constitution to reaching a utopian communism and another banning the use of private property to exploit the labor of others.

Socialism

The new version doubles down on the state’s dominance over the means of production and land and the role of centralized planning. This too is deemed irrevocable. Still, for the first time there it recognizes the market as a fact of economic life, though it can be countermanded at will by the government.

Government

An appointed prime minister has been added at the national level to supervise the day-to-day operations of the government, in particular, the state-owned economy.

Regions

Provincial assemblies modeled after the national assembly are eliminated in the new version and replaced by an appointed governor and deputy governor. The governor will preside over a provincial council made up of municipal leaders.

Municipalities

Terms of ward delegates to municipal assemblies are doubled to five years. The position of mayor has been added to that of president of the municipal assembly.

Private business and foreign investment

Private businesses and non-farm cooperatives are included for the first time in the new version as legitimate economic activity, and the role of joint ventures and other forms of foreign investment are upgraded from secondary to “important” or “fundamental.” At the same time, the “accumulation” of private property by citizens is banned.

LGBT rights

All prohibitions of discrimination in the new version add gender identity and the clause on marriage now refers to “persons” rather than man and woman.

Legal rights

The new version adds the presumption of innocence in criminal cases and the right to habeas corpus. For the first time, a person can sue the state for damages and negligence. However, the judicial system remains unchanged and all lawyers are government employees.

Bottom line

The proposals do not by themselves reduce risk or change the rules of doing business in Cuba, but they do further foreign investment and are another step toward a mixed economy and modern society, foreign businessmen and diplomats said.

Cuban officials say changes in government structure aim to improve accountability and administration of the state-run economy.

(Top image: Cubans check their phones at an internet hotspot in Havana on August 10, 2018. /VCG Photo)

Source(s): Reuters