Notes on the Cuban electoral system
by Isaac Saney, September 7, 2007
Isaac Saney <isaney@hotmail.com>
I have also included below a short article on the Cuban political system
(Five Reasons Why the People Rule) that was published in England in 2005.
After that, relevant sections of the Cuban constitution are presented.
Fidel and Raul do not stand at the municipal level. They run at the National Assembly level. In order to serve in the National Assembly they have to be directly elected with more than 50% of the vote in the constituency that they run in. Up to 50% of the National Assembly can be comprised of delegates elected in the competitive elections at the municipal level. Usually around 45% of the National Assembly is made up of municipal delegates. The law governing the municipal assemblies is in the Cuban Constitution that was adopted in 1976 ( with amendments in later years). Of hand, I can't remember the exact section (I am writing this from home and my copies of the Constitution are at my office) and do not what to give a reference to the wrong place in the Constitution.
An important point is that Fidel, Raul and other members of the National Assembly were not chosen by the lower house. They were elected in a direct vote by the electorate. In the early nineties, as a result of mass consultation in the lead up to the 4th Congress of the Communist party of Cuba, the decision was made to change the electoral laws so that every member of every level of the Cuban government (municipal, provincial and national) had to be directly elected (including Fidel and Raul).
Fidel and Raul do not run at the municipal level because municipal delegates have very specific and definite duties and responsibilities that require them to live in the municipality and become intensely and intimately involved in the issues of the community (ies) that they serve. This would be impossible for Fidel, Raul, Carlos Lage, Felipe Roque, etc. as they have been charged with very specific and definite duties and responsibilities of both national and international dimensions.
The National Assembly slate for the national elections arise out of a comprehensive and extensive consultation in which a commission comprised of the mass organizations (e.g., FMC, CTC, etc.) sifts through thousands of nominations. The Communist party is prohibited by law from participating in this process. Indeed, the Party is formally banned from any direct role in the whole election process. The goal is to ensure that all sectors of Cuban society are represented in their National Parliament. In the end a slate of 601 candidates is proposed which must then be approved by the municipal assemblies. Once approved the slate is voted up or down by the the electorate.
It should be added that after the National elections, the National Assembly then meets to decide though voting among its members who will from among the national Assembly's delegates constitute the Council of State (i.e. the President, the First VP, the other VPs etc.). To be considered for the Council of State you must first have been elected by direct and secret ballot to the National Assembly by the Cuban electorate. In short the President of the Council of State ( the de facto head of government and , also, head of State) is chosen by the delegates of the National Assembly: he or she is not chosen directly by the electorate.
It should be noted that this is not UNUSUAL. In countries that follow the pure "Westminister" model (eg. Canada, Britain and some other British Commonwealth and some other European countries) the electorate does not directly choose their head of government. So, for example, in Canada and Britain citizens vote for the representative in their riding: they do not directly vote for whether Stephen Harper or Gordon Brown should be the Prime Minister (i.e. head of government) of the those respective countries. Harper's and Brown's claim to the PM's position is based on being elected to parliament and being able to have the support of the party that has won the majority of seats in the parliament and also maintain the tacit support of the majority of the parliament (in most cases the party with the most seats has a majority in parliament rendering the notion of majority parliamentary support a moot question. However, when a party has the most seats but not an outright majority, then the prospective PM must gain the support of the other parties who are in the parliament).
2. Articles 68-119 of the Cuban Constitution lay out the principles that govern the Cuban electoral and political system. Enabling laws are then enacted within this framework. Below I am including the relevant sections of the constitution.
I hope this was useful.
best regards,
Isaac
CUBA: A Revolution in Motion
by Isaac Saney
http://www.amazon.com/Cuba-Revolution-Motion-Isaac-Saney/
dp/1842773631/ref=pd_bbs_sr_1/103-7749114-3243034?
ie=UTF8&s=books&qid=1189156110&sr=1-1
or
_______________________________________________________________________________
FIVE REASONS WHY THE PEOPLE RULE
by Isaac Saney
Cuba is almost invariably portrayed as a totalitarian regime, a veritable "gulag" guided and controlled by one man: Fidel Castro. However, this position cannot be sustained once the reality of Cuba is assessed on its own merits. Extensive democratic popular participation in decision-making is at the centre of the Cuban model of governance. The official organs of government in Cuba are the municipal, provincial and national assemblies of the Poder Popular (People's Power) structures. The National Assembly is the sole body with legislative authority, with delegates -- as in the provincial and municipal assemblies -- directly elected by the Cuban electorate. The National Assembly chooses from amongst its members the Council of State, which is accountable to the National Assembly and carries out its duties and responsibilities, such as the passage and implementation of decrees, when the Assembly is not in session. The Council�s decisions and decrees must be ratified at subsequent sittings of the National Assembly. The Council of State also determines the composition of the Council of Ministers, and both bodies together constitute the executive arm and cabinet of the government. The President of the Council of State serves as head of both the government and state. In surveying the Cuban electoral system several striking points emerge:
1. The system responds to the people's demands
First, Cubans are not preoccupied with a mere mechanical implementation of a rigid, unchanging model. Contrary to dominant misconceptions, the Cuban political system is not a static entity. Cubans are involved in an intense learning process whose hallmark has been experimentation and willingness to correct mistakes and missteps by periodic renovation of their democratic project. Thus, the system responds to popular demands for adjustment.
Thus, in 1992, the Constitution and electoral laws were modified to require the direct popular election of all members of the national and provincial assemblies. Previously, only the municipal assemblies were directly elected, with the make-up of the provincial assemblies determined by a vote of municipal delegates and, in turn, the National Assembly composition established by provincial representatives. Also, the creation of the popular councils in the early 1990s was directly aimed at increasing the power of local government and reducing the impact of bureaucracy.
2. The Communist Party takes no part
Second, the function of the Communist Party of Cuba (PCC) is significantly circumscribed, as it does not operate as an electoral party. It is proscribed by law from playing any role in the nomination of candidates. At the municipal level, the nominations occur at street meetings, where it is the constituents who directly participate in and control the selection. Each municipality is divided into several circumscriptions, or districts, comprised of a few hundred people. Each circumscription nominates candidates and elects a delegate who serves in the local municipal assembly. There is a high degree of popular participation in the selection of candidates, marked by active and uncorked citizen interaction and involvement.
The elections at the municipal level are competitive and the casting of ballots is secret. By law, there must be at least two candidates and a maximum of eight. For example, in the 2002 municipal elections there were14,946 circumscriptions, with 13,563 municipality delegates elected out of a total of 32,585 candidates If no candidate receives more than 50 percent of the vote, then a run-off election is held between the two who obtained the most votes. Consequently, in order to complete the 2002 local government elections, a second round was held in 1,383 constituencies. At the provincial and national levels, candidacy commissions select and sift through thousands of people. The commissions are comprised of representatives from the various mass and grassroots organizations and are presided over by workers� representatives chosen by the unions. The PCC is prohibited from participation in the work of the commissions.
Thus, it is the norm for ordinary working people to be both nominated and elected. The commissions� recommendations are then presented to the municipal assemblies for final approval. For example, on December 1, 2002, in preparation for the 2003 national elections, the municipal assemblies approved 1,199 candidates for the provincial assemblies and 609 for the National Assembly. Thus, it is the Cuban citizenry that both selects and elects its representatives. By law, up to 50 percent of National Assembly deputies can be municipal assembly delegates. In the 1998�2003 National Assembly, 46.3 percent of the delegates were from the municipal assemblies. The other members of the National Assembly are persons from every sphere of Cuban society: the arts, sports, science, religion etc. The selection process ensures a broad representation of society. Each member of the National Assembly, including Fidel Castro, is directly elected and must receive more than 50 percent of the vote in her or his constituency. In Cuban municipal, provincial and national elections, the turnout is very high, usually in the ninetieth percentile. The vote is by secret ballot. Also, although a single national delegate list is put to the electorate, not all candidates receive the same number of votes as Cubans exercise their discretion in a very serious, deliberate and definite fashion. There is no formal campaigning, which curtails the role of money in Cuban elections. Instead, a month before the election, a biography of each candidate is displayed in various public places, where they can be perused at the convenience of the entire electorate.
The objective of circumscribing formal campaigning is avoid the development of professional politicking in which money and backroom deals become the driving force of the political system. Elections in Cuba are free of the commercial advertising that dominates and has come to denote the political system in capitalist countries. Professional politicking and politicians are viewed as symbolic of the corrupt past and marginalization of the citizenry that characterized pre-revolutionary Cuba. Consequently, the sons and daughters of workers and peasants comprise virtually all the delegates of the national, provincial and municipal assemblies.
3. The delegates are answerable to their constituents
Third, a rare closeness exists between the elected municipal delegates and the people they serve. Each delegate must live in the electoral district (usually comprising a maximum of two thousand people). Each municipal assembly meets four times a year and elects from its membership a president, vice president and a secretary. These are the only full-time, paid positions in Cuban local government; all other members of the municipal assemblies are unpaid and continue in the jobs they had before they were elected. Delegates have a high degree of familiarity with their constituency and are constantly on call. Every six months, there is a formal accountability session at which complaints, suggestions and other community interests (planteamientos) are raised with the delegates.
The delegate must then attempt to resolve the matter or provide an explanation at the following accountability session. In short, the delegate must account for her or his work carried out since the previous session. Each planteamiento is carefully recorded, and approximately 70 percent are resolved. These planteamiento sessions have resulted in local issues being taken to the national level where they are examined and discussed, thus ensuring popular input into government policy. If constituents are dissatisfied with the performance of their representative, then she or he can be recalled or voted out in the next round of elections. In the 2002, for instance, municipal elections, only 47.87 percent were re-elected.
4. Consensus and unity rather than contest and division is the basis of the system
Fourth, the Cuban system eschews the adversarial approach that dominates the western political processes. In the work and meetings of the provincial assemblies and the National Assembly, the goal of achieving unity and consensus is central. The unanimous votes that occur are not indicative of a rubberstamp mentality but a consensus that is arrived at through extensive and intensive discussion, dialog and debate that precedes the final vote in the National Assembly: the end-point of a long, conscientious and sometimes arduous process.
The National Assembly has ten permanent commissions. At the end of 2002, for example, it met from December 16th to 20th to discuss more than forty topics, including the fishing industry, the environment, the restructuring of the sugar sector, the production of medicine and links between Cuba and the European Union, particularly Cuba's decision to apply to join the Cotonou Agreement, an economic accord between the EU and African, Caribbean and Pacific states.
5. Civil society is engaged in the process
Fifth, the Cuba political system is augmented by a very active and vibrant civil society. A critical aspect of the Cuban political system is the integration of a variety of mass organizations into political activity. No new policy or legislation can be adopted or contemplated until the appropriate organization or association representing the sector of society that would be directly affected has been consulted. These organizations have very specific functions and responsibilities. In addition to the Communist Party, the Young Communist League and the Confederation of Cuban Workers, there are the Cuban Federation of Women, the Committees to Defend the Revolution, the National Association of Small Farmers and the Federation of University Students.
The mass organizations are supplemented by numerous professional and other associations that represent the specific interests of other sectors, including for example, lawyers, economists, journalists, writers and artists, the physically challenged and stamp collectors. In short, As Ricardo Alarcon, president of Cuba's National Assembly underscores, "these associations and organizations embrace practically the entire universe of activities, interests and problems of all Cubans." Mass organizations, unlike the Communist Party, are granted through Article 88 of the Constitution the right to propose legislation in the areas that fall under their jurisdiction.
Hence, these organizations have a dynamic existence, and Cuba is replete with
almost daily assemblies, meetings and gatherings of various organizations to
discuss and examine particular issues, in conjunction with the participation of
government officials. This daily engagement of the citizenry with government is
the essence of the Cuban political process.
CHAPTER IX
PRINCIPLES OF ORGANIZATION AND FUNCTIONING OF STATE AGENCIES
ARTICLE 68. State agencies are set up carry out their activity based on the principles of socialist democracy, which are manifested in the following regulations:
a) all members or representative bodies of state power are elected and subject to recall;
b) the masses control the activity of the state agencies, the deputies, delegates and officials;
c) those elected must render an account of their work and may be revoked at any time;
d) every state agency develops in a far-reaching manner, within its jurisdiction, initiatives aimed at taking advantage of the resources and possibilities which exist on a local level and to include the mass and social organizations in their work;
e) decisions of higher state bodies are compulsory for inferior ones;
f) inferior state bodies are responsible to higher ones and must render accounts of their work;
g) freedom of discussion, criticism and self-criticism and sub-ordination of the minority to the majority prevail in all collegiate state bodies.
CHAPTER X
HIGHER BODIES OF PEOPLE’S POWER
ARTICLE 69. The National Assembly of People’s Power is the supreme body of state power and represents and expresses the sovereign will of all the people.
ARTICLE 70. The National Assembly of People’s Power is the only body in the Republic invested with constituent and legislative authority.
ARTICLE 71. The National Assembly of People’s Power is comprised of deputies elected by free, direct and secret vote, in the proportion and according to the procedure established by law.
ARTICLE 72. The National Assembly of People’s Power is elected for a period of five years.
The period can only extended by virtue of a resolution of the Assembly itself in the event of war or in the case of other exceptional circumstances that may impede the normal holding of elections and while such circumstances exist.
ARTICLE 73. The National Assembly of People’s Power, on meeting for a new legislature, elects from among its deputies its president, vice president and secretary. The law regulates the manner and procedure in which the Assembly is constituted and carries out this election.
ARTICLE 74. The National Assembly of People’s Power elects, from among its deputies, the Council of State, which consists of one president, one first vice president, five vice presidents, one secretary and 23 other members.
The president of the Council of State is, at the same time, the head of state and head of government.
The Council of State is accountable for its action to the National Assembly of People’s Power, to which it must render accounts of all its activities.
ARTICLE 75. The National Assembly of People’s Power is invested with the following powers:
a) deciding on reforms to the Constitution according to that established inARTICLE 137;
b) approving, modifying and annulling laws after consulting with the people when it is considered necessary in view of the nature of the law in question;
c) deciding on the constitutionality of laws, decree-laws, decrees and all other general provisions;
d) revoking in total or in part the decree-laws issued by the Council of State;
e) discussing and approving the national plans for economic and social development;
f) discussing and approving the state budget;
g) approving the principles of the system for planning and the management of the national economy;
h) approving the monetary and credit system;
i) approving the general outlines of foreign and domestic policy;
j) declaring a state of war in the event of military aggression and approving peace treaties;
k) establishing and modifying the political-administrative division of the country pursuant to that established inARTICLE 102;
l) electing the president, vice president and secretary of the National Assembly;
m) electing the president, the first vice president, the vice presidents, the secretary, and the other members of the Council of State;
n) approving, at the initiative of the president of the Council of State, the first vice president, the vice presidents and the other members of the Council of Ministers;
o) electing the president, vice presidents and other judges of the People’s Supreme Court;
p) electing the attorney general and the deputy attorney generals of the Republic;
q) appointing permanent and temporary commissions;
r) revoking the election or appointment of those persons elected or appointed by it;
s) exercising the highest supervision over state and government bodies;
t) keeping informed and evaluating and adopting pertinent decisions on the reports on the rendering of accounts submitted by the Council of State, the Council of Ministers, the People’s Supreme Court, the Office of the Attorney General of the Republic and the Provincial Assemblies of People’s Power.
u) revoking those provisions or decree-laws of the Council of State and the decrees or resolutions of the Council of Ministers which are contrary to the Constitution or the law;
v) revoking or modifying those resolutions or provisions of the local bodies of People’s Power which encroach on the Constitution, the laws, the decree-laws, the decrees and other provisions issued by a higher body, or those which are detrimental to the interests of other localities or the general interests of the nation;
w) granting amnesty;
x) calling for the holding of a referendum in those cases provided by the Constitution and others which the Assembly considers pertinent;
y) establishing its ruler and regulations;
z) all other powers invested by this Constitution.
ARTICLE 76. All laws and resolutions of the National Assembly or People’s Power, barring those in relation to reforms in the Constitution, are adopted by a simple majority vote.
ARTICLE 77. All laws approved by the National Assembly of People’s Power go into effect on the date determined by those laws in each case.
Laws, decree-laws, decrees and resolutions, regulations and other general provisions of the national state bodies are published in the Official Gazette of the Republic.
ARTICLE 78. The National Assembly of People’s Power holds two regular sessions a year and a special session when requested by one third of the membership or when called by the Council of State.
ARTICLE 79. More than half of the total number of deputies must be present for a session of the National Assembly of People’s Power to be held.
ARTICLE 80. All sessions of the National Assembly of People’s Power are public, excepting when the Assembly resolves to hold a closed-door session on the grounds of state interest.
ARTICLE 81. The president of the National Assembly of People’s Power is invested with the power to:
a) preside over the sessions of the National Assembly and see to it that its regulations are put into effect;
b) call the regular sessions of the National Assembly;
c) propose the draft agenda for the sessions of the National Assembly;
d) sign and order the publication in the Official Gazette of the Republic of the laws and resolutions adopted by the National Assembly;
e) organize the international relations of the National Assembly;
f) conduct and organize the work of the permanent and temporary commissions appointed by the National Assembly;
g) attend the meeting of the Council of State;
h) all other powers assigned to him by this Constitution or the National Assembly of People’s Power.
ARTICLE 82. The status of deputy does not entail personal privileges or economic benefits of any kind.
During the period in which they carry out their activities, the deputies receive the same salary as in their workplace and maintain their links with it, for all purposes.
ARTICLE 83. No deputy to the National Assembly of People’s Power may be arrested or placed on trial without the authorization of the Assembly � or the Council of State if the Assembly is not in session � except in cases of flagrant offenses.
ARTICLE 84. It is the duty of the deputies to the National Assembly of People'‘ Power to exercises their duties in benefit of the people'‘ interests, stay in contact with their electors, listen to their problems, suggestions and criticism, and explain the policy of the state. They will also render account to them of the results of their activities, as prescribed by law.
ARTICLE 85. The mandate of the deputies to the National Assembly of People’s Power may be revoked at any time, in the ways and for the causes prescribed by law.
ARTICLE 86. The deputies to the National Assembly of People’s Power have the right to make inquiries to the Council of State, the Council of Ministers or the members of either and to have these inquiries answered during the course of the same session or at the next session.
ARTICLE 87. It is the duty of all state bodies and enterprises to provide all necessary cooperation to the deputies in the discharge of their duties.
ARTICLE 88. The proposal of laws is the responsibility of:
a) the deputies to the National of People’s Power;
b) the Council of State;
c) the Council of Ministers;
d) the commissions of the National Assembly of People’s Power;
e) the Central Organization of Cuban Trade Unions and the national offices of the other social and mass organizations;
f) the People’s Supreme Court, in matters related to the administration of justice;
g) the Office of the Attorney General of the Republic, in maters within its jurisdiction;
h) the citizens. In this case it is an indispensable prerequisite that the proposal be made by at least 10 000 citizens who are eligible to vote.
ARTICLE 89. The Council of State is the body of the National Assembly of People’s Power that represents it in the period between sessions, puts its resolutions into effect and complies with all the other duties assigned by the Constitution.
It is collegiate and for national and international purposes it is the highest representative of the Cuban state.
ARTICLE 90. The Council of State is invested with the power to:
a) summon special sessions of the National Assembly of People’s Power; b) set the date for the elections for the periodic renovation of the National Assembly of People’s Power;
c) issue decree-laws in the period between the sessions of the National Assembly of People’s Power;
d) give existing laws a general and obligatory interpretation whenever necessary;
e) exercise legislative initiative;
f) make all the necessary arrangements for the holding of referendums called for by the National Assembly of People’s Power;
g) decree a general mobilization whenever the defense of the country makes it necessary and assume the authority to declare war in the event of aggression or to approve peace treaties � duties which the Constitution assigns to the National Assembly of People’s Power � when the Assembly is in recess and cannot be called to session with the necessary security and urgency;
h) replace, at the initiative of its president, the members of the Council of Ministers in the period between the sessions of the National Assembly of People’s Power;
i) issue general instructions to the courts through the Governing Council of the People’s Supreme Court;
j) issue instructions to the Office of the Attorney General of the Republic;
k) appoint and remove, at the initiative of its president, the diplomatic representatives of Cuba in others states;
l) grant decorations and honorary titles; m) name commissions;
n) grant pardons;
o) ratify or denounce international treaties;
p) grant or refuse recognition to diplomatic representatives of other states;
q) suspend those provisions of the Council of Ministers and the resolutions and provisions of the Local Assemblies of People’s Power which run counter to the Constitution or the law or which run counter to the interests of other localities or to the general interests of the country, reporting on this action to the National Assembly of People’s Power in the first session held following the suspension agreed upon; r) revoke those resolutions and provisions of the local bodies of People’s Power which infringe the Constitution, the laws, the decree-laws, the decrees and other provisions issued by a higher body or when they are detrimental to the interests of other localities or to the general interests of the nation;
s) approve its rules and regulations;
t) it is also invested with the other powers conferred by the Constitution and laws or granted by the National Assembly of People’s Power.
ARTICLE 91. All the decisions of the Council of State are adopted by a simple majority vote of its members.
ARTICLE 92. The mandate entrusted to the Council of State by the National Assembly of People’s Power expires when the new Council of State, elected by virtue of its periodic renovation, takes power. ARTICLE 93. The president of the Council of State is head of government and is invested with the power to:
a) represent the state and the government and conduct their general policy;
b) organize and conduct the activities of, call for the holding of and preside over the sessions of the Council of State and the Council of Ministers;
c) control and supervise the development of the activities of the ministries and other central agencies of the administration;
d) assume the leadership of any ministry or central agency of the administration;
e) propose to the National Assembly of People’s Power, once elected by the later, the members of the Council of Ministers;
f) accept the resignation of the members of the Council of Ministers or propose either to the National Assembly of People’s Power or the Council of State the replacement of any of those members and, in both cases, to proposes the corresponding substitutes;
g) receive the credentials of the heads of the heads of foreign diplomatic missions. This responsibility may be delegated to any of the vice presidents of the Council of State;
h) assume the supreme command of all armed institutions and determine their general organization;
i) preside over the National Defense Council;
j) declare a state emergency in those cases provided for in this Constitution, stating his decision, as soon as the circumstances permit it, to the National Assembly of People’s Power or to the Council of State if the Assembly is unable to meet, according to legal effects;
k) sign decree-laws and other resolutions of the Council of State and the legal provisions adopted by the Council of Ministers or its Executive Committee, and arrange for their publication in the Official Gazette of the Republic;
l) assume all other duties assigned it by the Constitution or by law.
ARTICLE 94. In cases of the absence, illness or death of the president of the Council of State, the first vice president assumes the president’s duties.
ARTICLE 95. The Council of Ministers is the highest ranking executive and administrative body and constitutes the government of the Republic. The number, denomination and functions of the ministries and central agencies making up the Council of Ministers are determined by law.
ARTICLE 96. The Council of Ministers is composed of the head of state and government, as its president, the first vice president, the vice presidents, the ministers, the secretary and the other members that the law determines.
ARTICLE 97. The president, first vice president, vice presidents and other members of the Council of Ministers, as determined by the president, make up the Executive Committee.
In periods between the meetings of the Council of Ministers, the Executive Committee can decide on matters under the jurisdiction of the Council of Ministers. ARTICLE 98. The Council of Ministers is invested with the power to:
a) organize and conduct the political, economic, cultural, scientific, social and defense activities outlined by the National Assembly of People’s Power;
b) propose the draft general plans for the socioeconomic development of the state and, after these are approved by the National Assembly of People’s Power, organize, conduct and supervise their implementation;
c) conduct the foreign policy of the Republic and relations with other governments;
d) approve international treaties and submit them to ratification by the Council of State;
e) direct and control foreign trade;
f) draw up the draft for the state budget and, once it is approved by the National Assembly of People’s Power, to see to its implementation; g) adopt measures aimed at strengthening the monetary and credit system;
h) draw up bills and submit them to the consideration of the National Assembly of people’s Power or the Council of State, accordingly;
i) see to national defense, the maintenance of order and security at home, the protection of citizens’ rights and the protection of lives and property in the event of natural disasters;
j) conduct the administration of the state and unify, coordinate and supervise the activities of the agencies of the central administration and local administrations;
k) implement the laws and resolutions of the National Assembly of People’s Power and the decree-laws and provisions issued by the Council of State and, if necessary, dictate the corresponding regulations;
l) issue decrees and provisions on the basis of and pursuant to the existing laws and supervise their implementation;
m) revoke the decisions taken by those administrations subordinated to the Provincial or Municipal Assemblies of People’s Power, adopted according to the powers delegated by the central state administration agencies, when these are contrary to the instructions issued from a higher level and whose fulfillment is compulsory;
n) propose to the Provincial and Municipal Assemblies of People’s Power the revocation of those provisions adopted during their specific activities by the provincial and municipal administrations subordinated to them, when these are contrary to the instructions approved by the central state administration agencies, in the exercise of their functions;
o) revoke those provisions issued by heads of central state administration agencies when these are contrary to the instructions issued from a higher level and whose fulfillment is compulsory;
p) propose to the National Assembly of People’s Power or to the Council of State the suspension of those resolutions and provisions issued by the local assemblies of People’s Power which infringe existing laws and other provisions or are detrimental to the interests of other communities or the general interests of the nation;
q) name the commissions it deems necessary to facilitate the fulfillment of the tasks assigned to it;
r) appoint and remove officials in keeping with the powers it is invested with by the law;
s) assume any duty assigned to it by the National Assembly of People’s Power or the Council of State.
The law regulates the organization and functioning of the Council of Ministers.
ARTICLE 99. The Council of Ministers is accountable to and periodically renders account of its activities to the National Assembly of People’s Power.
ARTICLE 100. The members of the Council of Ministers are invested with the power to:
a) conduct the affairs and tasks of the ministry or agency under their care, issuing the necessary resolutions and provisions to that effect;
b) dictate, in the event it is not the specific duty of another state body, the necessary regulations to make possible the implementation of those laws and decree-laws which concern them;
c) attend the sessions of the Council of Ministers, with the right to speak and vote, and submit to the consideration of the Council whatever bill, decree-law, decree, resolution or any other proposal they consider advisable;
d) appoint, according to the law, the corresponding officials; e) they are also invested with any other power with which the Constitution and laws invest them.
ARTICLE 101. The National Defense Council is constituted and prepared during peacetime to lead the country in conditions of a state of war, during a war, a general mobilization or a state of emergency. The law regulates its organization and activities.
CHAPTER XI
POLITICAL-ADMINISTRATIVE DIVISION
ARTICLE 102. For political-administrative purposes the country is divided into provinces and municipalities; their number, boundaries and names are determined by law.
The law many also establish other divisions.
The province is the local society having, to all legal effects, a juridical personality. It is politically organized according to law to serve as an intermediate link between the central and municipal governments, covering a surface area equivalent to the municipalities within its demarcation. It exercises the functions and fulfills the state and administrative duties which are under its jurisdiction and has the fundamental duty of promoting the economic and social development of its territory, for which it coordinates and controls the fulfillment of the policies, programs and plans approved by the higher state bodies, with the support of its municipalities and taking their interests into account.
The municipality is the local society having, to all legal effects, a juridical personality. It is politically organized according to law, covering a surface are that is determined by the necessary economic and social relations of its population, and with the capacity to meet the minimum local needs.
The provinces and municipalities, in addition to exercising their corresponding functions, contribute to the realization of the state’s objectives.
CHAPTER XII
LOCAL BODIES OF PEOPLE’S POWER
ARTICLE 103. The Assemblies of People’s Power set up in the political-administrative divisions into which the country is divided are the higher local bodies of state power. Therefore, they are invested with the highest authority for the exercise of their state functions within their respective boundaries. To this effect they govern in all that is under their jurisdiction and the law.
They also aid in the development of activities and the fulfillment of plans of those units in their territory which are not subordinated to them, as prescribed by law.
The local administrations established by these Assemblies direct the economic, production and service entities locally subordinated to them, with the purpose of meeting the needs for economic, health care, assistance, educational, cultural, sports and recreational services of the collective in the territory under the jurisdiction of each.
For the exercise of their functions the local Assemblies of People’s Power find support in the People’s Councils and the initiative and broad participation of the population and they act in close coordination with the social and mass organizations.
ARTICLE 104. The People’s Councils are constituted in cities, towns, neighborhoods and rural areas; they are invested with the highest authority for carrying out their functions; they represents the territory where they carry out their functions and also represent the municipal, provincial and national bodies of People’s Power. They work actively for efficiency in the development of production and service activities and for meeting the needs for health care, economic, educational, cultural and social activities of the population, promoting the broadest participation of the population and the local initiatives to resolve their problems.
They coordinate the work of the existing entities in their field of action, promote cooperation among them and control and supervise their activities.
The People’s Councils are made up of the delegates elected in the districts, who must choose among themselves their president. The representatives of mass organizations and the most important institutions in the territory may form part of the Councils.
The law regulates the organizations and functions of the People’s Councils.
ARTICLE 105. In the limits of their jurisdiction, the Provincial Assemblies of People’s Power are invested with the power to:
a) obey and help to enforce the laws and other general regulations adopted by the higher state bodies;
b) approve and control the execution of the province’s income and spending budget and plan, according to the policies agreed upon by the competent national agencies;
c) elect or recall the president and vice president of the Provincial Assembly;
d) designate or substitute the secretary of the Assembly;
e) participate in the drawing up and supervision of the state budget and technical-economic plan, corresponding to the entities located in its territory and subordinated to other bodies, as prescribed by law;
f) control and supervise the activities of the provincial administration body with the help of its work commissions;
g) designate or substitute the members of the provincial administration body, at the proposal of its president;
h) determine, according to the principles established by the Council of Ministers, the organization, functioning and tasks of the entities in charge of carrying out the economic, production and services, educational, health care, cultural, sports, protection of the environment and recreational activities, which are subordinated to the provincial administration body;
i) adopt agreements concerning administration matters in its territory and which, according to law, do not correspond to the general jurisdiction of the central state administration or to that of the municipal bodies of state power;
j) approve the creation and organization of the People’s Councils at the proposal of the Municipal Assemblies of People’s Power;
k) revoke, in the framework of its jurisdiction, the decisions adopted by the provincial administration body or propose their revocation to the Council of Ministers when these decisions have been adopted while acting according to the faculties entrusted to them by the central state administration agencies;
l) study and evaluate the rendering of accounts reports presented by their administration body and the Assemblies of People’s Power which are their subordinates, and adopt the pertinent decisions regarding those reports; m) set up or dissolve work commissions;
n) attend to all that relevant to the application of the policy on cadres drawn up by the higher state bodies;
o) strengthen legality, public order and the country’s defense capacity;
p) assume any other duty assigned by the Constitution and by law.
ARTICLE 106. In the limits of their jurisdiction, the Municipal Assemblies of People’s power are invested with the power to:
a) obey and help to enforce the laws and other general regulations adopted by the higher state bodies;
b) elect or recall the president and vice president of the Assembly;
c) designate or substitute the secretary of the Assembly;
d) supervise and control the entities subordinated to the municipal body, with the support of the work commissions;
e) revoke or modify the resolutions and measures of the bodies or authorities subordinated to them which are contrary to the Constitution or the laws, decrees-laws, decrees, resolutions enacted by the higher state bodies or those which affect the interest of the community, of other territories or the general interests of the country, or propose their revocation to the Council of Ministers when they have been adopted while acting according to the faculties entrusted to them by the central state administration agencies;
f) adopt agreements and enact measures in the framework of the Constitution and the laws in force, on matters of municipal interest, and control their application;
g) designate or substitute the members of its administration body on the proposal of its president;
h) determine, according to the principles established by the Council of Ministers, the organization, functioning and tasks of the entities in charge of carrying out economic, production and services, and health care activities, and others such as assistance, educational, cultural, sports, protection of the environment and recreational activities which are subordinated to its administration body;
i) propose the creation and organization of the People’s Councils, as established by law;
j) constitute or dissolve work commissions;
k) approve the municipality’s socioeconomic plan and budget, following the policy drawn up for this by the competent agencies of the central state administration, and control their execution;
l) help in the development of activities and the fulfillment of production and service plans of the entities located in their territory which are not subordinated to them, for which they can draw support from their work commissions and administration body;
m) study and evaluate the rendering of accounts reports presented by their administration body and adopt the pertinent decisions thereof;
n) attend to all that having to do with the application of the policy on cadres drawn up by the higher state bodies: o) strengthen legality, public order and the country’s defense capacity;
p) carry out any other functions assigned by the Constitution and by law.
ARTICLE 107. The regular and special sessions of the local Assemblies of People’s Power are public, except in cases when it is agreed to hold them behind closed doors for reasons of state or when matters referring to the decorum of persons are involved.
ARTICLE 108. In order for agreements of the local Assemblies of People’s Power to be valid, more than half of the total number of members must be present. Agreements are adopted by simple majority.
ARTICLE 109. The entities organized to meet local needs with the aim of fulfilling their specific objectives, are ruled by laws, decree-laws and decrees; by agreements adopted by the Council of Ministers; by regulations issued by the heads of central state administration agencies on matters under their jurisdiction which are of general interest and that require being regulated on a national level; and by agreements adopted by the local bodies to which they are subordinated.
ARTICLE 110. The permanent work commissions are constituted by the Provincial and Municipal Assemblies of People's Power to meet the specific interests of their localities, in order to help them carry out their activities and especially to control and supervise the locally subordinated entities and others corresponding to further levels of subordination which are located in their territory.
Temporary commissions fulfill specific tasks assigned within the time limits indicated.
ARTICLE 111. The Provincial Assemblies of People’s Power are renovated every five years, which is the delegates’ tern of office.
The Municipal Assemblies of People’s Power are renovated every two and a half years, which is the delegates’ tern of office.
These terns may only be extended by decision of the National Assembly of People’s Power, in the cases mentioned inARTICLE 72.
ARTICLE 112. The tern of the delegated to local Assemblies may be revoked at any time. The law prescribes the manner, the cases and the methods in which they may be revoked.
ARTICLE 113. The delegates fulfill the mandate of their electors, in the interest of all the community, for which they must coordinate their functions as such with their usual responsibilities and tasks. The law regulates the manner in which these functions are carried out.
ARTICLE 114. The delegates to the Municipal Assemblies of People’s Power have the rights and duties conferred by the Constitution and by law and they are especially obliged to:
a) make the opinions, needs and problems expressed by their electors known to the Assembly and to the local administration;
b) report to their electors on the policies of the Assembly and the measures adopted to resolve the problems posed by the population or outline the reason why they have not been resolved;
c) render account of their activities on a regular basis to their electors, and report to the Assembly or to the commission they belong to on the fulfillment of the tasks assigned to them when they are asked to do so. ARTICLE 115. The delegates to the Provincial Assemblies of People’s Power have the duty to carry out their activities for the benefit of the collective and report on the measures taken by them on a personal basis, according to the procedure established by law.
ARTICLE 116. The Provincial and Municipal Assemblies of People’s Power elect their president and vice president from among their delegates.
ARTICLE 117. The president of the Provincial and Municipal Assemblies of People’s Power are also the presidents of their respective administration bodies and represent the state in their territories. Their functions are established by law.
ARTICLE 118. The administration bodies which constitute the Provincial and Municipal Assemblies of People’s Power work on a collegiate basis and their composition, integration, functions and duties are established by law.
ARTICLE 119. The Provincial and Municipal Defense Councils and the Defense Zone Councils are constituted and organized during peacetime to conduct their respective territories’ affairs, in conditions of a state of war, during a war, a general mobilization or a state of emergency, based on the general defense plan and the army’s military councils corresponding role and responsibilities. The National Defense Council determines, according to law, the organization and functions of these Councils.