New Cuba Constitution Draft Recognizes Right to Private Property

Since Cuba’s election of a new president this past April, an official commission has been drafting a new constitution for the island nation. Recently, the commission presented the draft 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.” On July 21-23 the draft will be presented for approval to Cuba’s national assembly (the National Assembly of the People’s Power), and later this year to the people in a national referendum.[1]

On July 14, an official website of the Communist Party of  Cuba, published a summary of the current draft of the new constitution that said it recognized both a free market and private property. More specifically, it said the draft “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.”

On the other hand, this summary reaffirmed that state enterprise and central planning are the pillars of the economy and that the Communist Party would remain as the dominant political force.

Cuba expert Luis Carlos Battista at the Washington-based Center for Democracy in the Americas cautioned that the acknowledgement of private property did not mean the government wanted to give private enterprise a greater role. Last week, he noted, the government published a set of regulations tightening control on the self-employed and hiking possible fines to include property confiscation.[2]

Other changes in the draft are the creation of the position of prime minister as the head of government, making the president the head of the national assembly with a limit of two consecutive five-year terms and creating a new presumption of innocence in the criminal justice system. It will maintain religious freedom.

In addition, the draft expressly calls for “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.”

The proposed new constitution, according to Cubadebate, was made necessary by “the experience of the years of the revolution [since 1959], the new directions drawn from the implementation of the guidelines for Economic and Social Policy approved by the Sixth Party Congress [in 2011], the objectives emanating from the First National Conference [of the Party in 2012], as well as the decisions adopted in the Seventh Party Congress [in 2016].”[3]

The commission is headed by Raúl Castro while one of its members is the new president, Miguel Diaz-Canel.

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[1]  Know the main aspects of the Draft of the new Constitution, Cubadebate (July 14, 2018); Reuters, Communist-Run Cuba to Recognize Private Property in New Constitution, N. Y. Times (July 14, 2018); Assoc. Press, Cuba to Reshape Government With New Constitution, N.Y. Times (July 14, 2018).

[2]  See these posts and comments on dwkcommentaries.com: Cuba announces New Regulations for Private Business (July 10, 2018); More Details on New Cuban Regulations on Private Business (July 11, 2018);  Comment: Yet More Details on New Cuban Regulations on Private Business, (July 13, 2018).

[3] See these posts to dwkcommentaries.com: Raúl Castro Discusses Cuba-U.S. Relations in Report to Seventh Congress of the Communist Party of Cuba (April 18, 2016); Raúl Castro Discusses Scio-Economic Issues in Report to Seventh Congress of the Communist Party of Cuba (April 19, 2016); Conclusion of Seventh Congress of Communist Party of Cuba (April 20, 2016).

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As a retired lawyer and adjunct law professor, Duane W. Krohnke has developed strong interests in U.S. and international law, politics and history. He also is a Christian and an active member of Minneapolis’ Westminster Presbyterian Church. His blog draws from these and other interests. He delights in the writing freedom of blogging that does not follow a preordained logical structure. The ex post facto logical organization of the posts and comments is set forth in the continually being revised “List of Posts and Comments–Topical” in the Pages section on the right side of the blog.

2 thoughts on “New Cuba Constitution Draft Recognizes Right to Private Property”

  1. Washington Post Condemns Draft of New Cuba Constitution

    In a July 25 editorial, the Washington Post condemns the draft new Cuba Constitution: “it does not envision a Cuba where people are free to choose their own leaders, nor open the Communist Party to serious competition. If anything, the regime wants to don a nice new suit, but its basic authoritarian and repressive methods have not changed.”

    In addition, the editorial says, “the new constitution reportedly will tip the hat to the market and private property — but also strongly endorse the principles of a socialist system with state-owned companies in a dominant position. This does not seem likely to truly free Cuba’s entrepreneurs, with all their vigor and aspirations, from the heavy hand of Cuba’s long-outdated socialist dictates.”

    Editorial, Cuba makes changes—but ignores one of the most important, Wash. Post (July 25, 2018) https://www.washingtonpost.com/opinions/cuba-makes-changes–but-ignores-one-of-the-most-important/2018/07/25/0b42ef2e-8e99-11e8-8322-b5482bf5e0f5_story.html?utm_term=.8e5cf03a539c

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