Constitutional Proposal

We, the People of Cuba, cognizant of our history and of the sacrifices made in the pursuit of liberty, and mindful of the imperative to secure that liberty in perpetuity; affirming the dignity of the human person as the foundation of the political and social order; acknowledging that public power exists solely to serve the Nation and to safeguard individual rights; proclaiming the sovereignty of the Republic, the supremacy of the law, justice, freedom, and civic responsibility; do hereby establish and adopt this Constitution as the supreme law of the State, to secure a republican, representative, and limited form of government, and to guarantee that never again shall power be exercised against the Cuban people.

TITLE I

OF THE NATION, ITS TERRITORY, AND THE FORM OF GOVERNMENT

Article 1. Nature of the State

Cuba is a free, independent, and sovereign Nation, organized as a unitary Republic, founded upon the supremacy of Almighty God and upon respect for human dignity, individual liberty, justice, the fundamental rights of the person, and the rule of law.

Article 2. Christian Heritage

The Republic of Cuba acknowledges its Christian heritage as the historical, moral, and cultural foundation of the Nation.
Said heritage inspires respect for human dignity, life, liberty, justice, individual responsibility, and the primacy of the good over power.
This acknowledgment shall not establish an official religion nor shall it limit freedom of conscience or of worship, both of which are fully guaranteed.

Article 3. Prohibition of Communism and Totalitarianism:

Every form of communism, totalitarianism, or political, economic, or social system that:
a) subordinates individual rights to the State or to an ideology;
b) suppresses or restricts private property;
c) concentrates power in a party, class, or armed organization;
d) abolishes the separation of powers or political pluralism;
is hereby prohibited within the Republic of Cuba and shall be subject to criminal legislation.

No authority, law, or organization shall promote or reinstate such systems under any denomination whatsoever.

Article 4. Constitutional Entrenchment

The provisions pertaining to human dignity, the supremacy of Almighty God, the Christian heritage of the Nation, the prohibition of communism, and the limitation of State power are entrenched clauses and shall not be repealed, suspended, or amended, not even by means of constitutional reform.

Article 5. Prohibition of Ideological Advocacy:

The advocacy, promotion, dissemination, or justification of communism, socialism, or kindred ideologies that pursue:
a) the suppression of private property;
b) the subordination of the individual to collective power;
c) class struggle;
d) the alteration of the social, familial, or cultural order;
e) the concentration of political power;
is hereby prohibited and shall be subject to sanction.

No law, party, organization, or authority shall promote, reinstate, or apply such systems, even when attempted under any form of alternative denomination.

Consequently, all political, propagandistic, organizational, or institutional activity in furtherance thereof is categorically prohibited, in accordance with the law.

Article 6. Legal Gender Identity

The State of the Republic of Cuba establishes that the gender identity recorded in official civil documents shall correspond to that determined at the time of birth, for all legal, administrative, and statistical purposes.

This determination shall have exclusive validity for the organization of public order, legal certainty, civil registries, the formulation of public policy, and the production of official data.

Article 7. Guarantee of Dignity and Privacy:

The State guarantees respect for human dignity, private life, and individual sexual preferences.
No person shall be discriminated against on the basis of sexual orientation or lawful private conduct.

Article 8. Interpretive Balance Clause:

The foregoing provisions shall not be construed to alter the regime of nationality, family, filiation, sport, public statistics, nor to impose mandatory ideological doctrines.

Article 9. Drug Trafficking as a Crime Against Humanity:

Every form of manufacture, trafficking, financing, or distribution of illicit drugs constitutes a crime against humanity equivalent to genocide, by reason of its deliberate, widespread, and continuous destruction of human lives, most especially those of the youth.

Such conduct shall be deemed a direct aggression against the very existence of the Nation and of humanity, and a grave assault upon human dignity, life, the family, and the social order.

Accordingly, those responsible, without distinction as to quantity, rank, degree of participation, nationality, or circumstance, shall be punished with the death penalty, as the sole and irrevocable sanction of the legal order, in accordance with strict legal proceedings and with all guarantees of due process established by this Constitution.

Article 10. Exclusion of Personal Consumption:

The classification established in the foregoing article shall not be applicable to personal consumption nor to situations of medical dependency, which shall be addressed in accordance with public health, rehabilitation, and personal protection policies.

Article 11. Imprescriptibility:

The crimes defined in the foregoing article are imprescriptible, non-amnestiable, and non-pardonable.

Article 12. Popular Sovereignty:

Sovereignty resides exclusively in the Cuban people, understood as the body of free and equal citizens, and may not be appropriated, permanently delegated, nor exercised in their name by any political party, organization, caudillo, armed institution, or group whatsoever.

Article 13. The Human Person:

The human person is prior and superior to the State.
The State exists to protect the life, liberty, property, and dignity of the individual.

Article 14. National Independence:

The Republic shall not enter into treaties that diminish its sovereignty.

Article 15. National Territory:

The territory of the Republic is inalienable and no power shall dispose of it, in whole or in part, without the authorization of the corresponding Congress.

Article 16. Form of Government:

The Government of the Republic is presidential, representative, democratic, and limited, with separation and independence of powers.

Article 17. Legality of Power:

No authority shall exercise functions not conferred upon it by this Constitution.
All power is limited, accountable, and subject to oversight.

Article 18. Right of Resistance:

When the constitutional order is breached, the people have the right to resist for the purpose of restoring this Constitution.

Article 19. Capital:

The capital of the Republic is the City of Havana.

Article 20. Territorial Autonomy:

The autonomy of municipalities and provinces is hereby recognized, in accordance with the law.

Article 21. National Symbols:

The Lone Star flag, the coat of arms, and the national anthem are the official symbols of the Republic.

Article 22. Constitutional Supremacy:

This Constitution is the supreme law of the Republic.

TITLE II

OF INDIVIDUAL RIGHTS

Article 23

The domicile is inviolable.

No entry or search thereof shall be conducted without the consent of the occupant or without a duly founded judicial warrant, save in cases of flagrante delicto.

Article 24. Right to Due Process:

Every person has the right to due process of law, to be heard by a competent, independent, and impartial tribunal, and to the full exercise of the right to defense at every stage of the proceedings.

Innocence is presumed until proven otherwise by final and enforceable judgment.

Article 25:

When the rights recognized in this Title are violated in a systematic manner by those who exercise power, and institutional remedies prove ineffective, constitutional resistance is legitimate for the sole purpose of restoring the constitutional order.

The exercise of this right shall not be subject to criminalization.

TITLE III

OF THE EXECUTIVE POWER

Article 26.

The President of the Republic shall serve a term of four (4) years, commencing from the date of inauguration.

Article 27.

The President may be re-elected on one occasion only, whether consecutively or otherwise.

Under no circumstances shall any person serve as President for more than two (2) terms in total, even when such terms are non-consecutive or arise by means of constitutional reform, judicial interpretation, exceptional circumstance, or change in the denomination of the office.

Article 28. Disqualification for Attempted Perpetuation of Power:

Any attempt to extend the presidential mandate, regardless of the form thereof, to secure an additional re-election, or to circumvent the established term limit, shall result in immediate removal from office and permanent disqualification from holding any public office.

TITLE IV

OF THE LEGISLATIVE POWER

Article 29. Duration of the Legislative Mandate:

Members of the House of Representatives shall be elected for a term of two (2) years.

Senators shall be elected for a term of four (4) years.

Article 30. Staggered Renewal of the Senate:

The renewal of the Senate shall be conducted on a staggered basis, such that one half of its members shall be renewed at each ordinary election, thereby ensuring institutional continuity and legislative stability.

Article 31. Term Limits in Congress:

No person shall serve as Representative or Senator for more than three (3) terms in each Chamber, whether consecutive or otherwise.

Article 32. Prohibition of Indefinite Re-election:

Every form of indefinite, automatic, or concealed re-election of members of Congress is hereby prohibited, even when attempted by means of constitutional reform, interpretive legislation, change in the denomination of the office, or exceptional circumstance.

Article 33. Temporal Incompatibility:

Any person who has served as President of the Republic shall be ineligible to hold a seat in Congress until a full period of four (4) years has elapsed from the conclusion of their mandate.

TITLE V

OF THE JUDICIAL POWER

Article 34.

The Judicial Power is independent, irremovable, and subject solely to this Constitution and to the law.
Its principal function is to protect the individual against power and to guarantee constitutional supremacy.

The Judicial Power is independent of the other branches of the State and is exercised by tribunals established by law, in conformity with this Constitution.

Article 35.

Judges shall not be subject to mandate, instruction, pressure, or interference from any power, authority, party, or organization whatsoever.

Any interference in the judicial function shall be null and void and shall give rise to personal criminal liability.

Article 36.

Judges shall hold office during good behavior and in faithful observance of this Constitution.

Irremovability shall not preclude civil, criminal, or disciplinary liability for violation of this Constitution or of the law.

Article 37. Access to Justice

Every person has the right of access to independent tribunals for the effective protection of their rights.

No law or authority shall impede, delay, or condition such access.

Article 38. Judicial Review of Constitutionality

The power of judicial review of the constitutionality of laws, decrees, and acts of authority is vested in the Judicial Power.

Any norm or act contrary to this Constitution shall be declared null and void ab initio.

Article 39. The Supreme Court of Justice

The Supreme Court of Justice is the highest organ of the Judicial Power and the ultimate interpreter of this Constitution, without prejudice to the diffuse review exercised by inferior tribunals.

The Supreme Court shall be composed of an odd number of Justices, not exceeding nine (9), as determined by law.

The Justices of the Supreme Court shall be appointed by the President of the Republic, with the advice and consent of the Senate, through a public, transparent procedure based upon merit.

Article 40.

To be appointed as a Justice of the Supreme Court, a person shall be required to demonstrate:
a) recognized integrity and legal competence;
b) minimum experience in the practice of law;
c) having not participated in the establishment, promotion, or sustenance of totalitarian regimes prohibited by this Constitution.

Article 41.

The Justices of the Supreme Court shall be appointed to serve during good behavior, as a guarantee of independence, impartiality, and stability of the constitutional order. Removal from office may only occur through the corresponding legal procedure and exclusively in cases of malfeasance in office, treason against the Nation, commission of grave criminal offenses, duly certified physical or mental incapacity, or retirement in accordance with law. Any other cause of removal shall be null and void ab initio.

Article 42.

Special tribunals and any form of extraordinary justice created for political, ideological, or religious purposes are hereby prohibited.

Article 43.

Judicial decisions are binding upon all authorities and persons.

Non-compliance with a judicial sentence constitutes a grave constitutional violation.

TITLE VI

OF CITIZENSHIP

Article 44. Cuban citizenship by birth is conferred exclusively upon:

a) the children of a Cuban father or mother, born within or outside the territory of the Republic;
b) those born abroad of Cuban parents who have lost their nationality for political reasons or on account of exile, provided they manifest their wish to be Cuban in accordance with the law.

Article 45.

Birth within the territory of the Republic does not in itself confer Cuban citizenship.

No person shall acquire Cuban nationality solely by reason of having been born in Cuba.

Article 46.

Cuban citizenship may be acquired through exceptional naturalization, in the cases and under the conditions strictly established by law, provided the applicant:
a) demonstrates direct family ties with Cuban citizens;
b) has lawfully resided in the country for the period determined by law;
c) swears an oath of allegiance to this Constitution and to the Republic;
d) expressly renounces all political or ideological allegiance incompatible with this Constitution.

Article 47. Recognition of Multiple Nationalities:

The Republic of Cuba recognizes dual and triple citizenship.

The possession of one or more additional nationalities shall not extinguish Cuban nationality nor the civil rights derived therefrom, in the terms established by law.

Article 48. Exclusive Constitutional Allegiance:

The recognition of multiple nationalities shall not imply a plurality of political allegiances.

Every Cuban citizen, regardless of the number of nationalities held, shall owe exclusive political allegiance to this Constitution and to the Republic of Cuba when acting within the sphere of public rights and duties.

Article 49. Impediments to the Exercise of Senior Public Office

Cuban citizens holding dual or triple citizenship shall be ineligible to hold public office of a national or provincial character, including, among others:
a) the Presidency and Vice-Presidency of the Republic;
b) ministerial and vice-ministerial positions;
c) the Congress of the Republic;
d) the Supreme Court of Justice;
e) the supreme command of the armed forces and security bodies.

They shall, however, be eligible to hold public office at the municipal level, in accordance with the law.

Article 50. Civil Equality and Private Rights

No Cuban citizen shall be discriminated against in the exercise of their civil, patrimonial, familial, or economic rights by reason of holding one or more citizenships.

Article 51. Loss of Citizenship

Cuban citizenship may be lost solely on the following grounds:
a) active service to a foreign power against the interests of the Republic of Cuba;
b) voluntary adoption of a political allegiance incompatible with this Constitution;
c) proven participation in acts designed to subvert the constitutional order.

In all cases, a final and enforceable judicial sentence shall be required.

Article 52. Recovery of Citizenship

Cuban citizenship may be recovered in accordance with the law by those who have lost it for political reasons, exile, or persecution, provided that:
a) they swear an oath of fidelity to the Constitution of the Republic of Cuba;
b) they have not committed grave crimes against the Nation or against human rights.

TITLE VII

OF THE LAND REGIME

Article 53. OF THE REGIME OF LAND AND BUILDINGS

The entirety of the soil and subsoil of the national territory belongs to the Republic of Cuba, in permanent representation of the Cuban people.

Said dominion is inalienable, imprescriptible, and non-transferable, and shall not be subject to private, collective, partisan, or ideological appropriation.

Article 54.

Buildings, structures, and improvements erected upon the land may be held in full private ownership, with the full recognition of the right of dominion, use, enjoyment, conveyance, inheritance, and encumbrance thereof, in accordance with the law.

The ownership of buildings and structures constitutes a fundamental right protected by this Constitution.

Article 55. Legal Separation of Land and Buildings:

The ownership of buildings and structures is legally independent of the public dominion of the land upon which they stand.

No authority shall employ the State’s dominion over the land to limit, nullify, or indirectly confiscate private ownership of buildings and structures.

Article 56. Land Usufruct and State Lease:

Every holder of privately owned buildings and structures shall enjoy the right of use and enjoyment of the land strictly necessary for such buildings and structures.

Said usufruct shall be subject to the payment of an annual State lease, calculated per square meter of land effectively utilized, in the terms, limits, and amounts established by law.

Article 57. Limits on the Land Lease

The land lease shall in all cases comply with the following principles:
a) proportionality,
b) reasonableness,
c) predictability,
d) non-confiscatory character.

Under no circumstances shall the lease be employed as an indirect means of expropriation, political pressure, fiscal punishment, or deprivation of the right of private ownership of buildings and structures.

Article 58. Constitutional Purpose of the Land Regime:

The constitutional regime of public dominion over land and private ownership of buildings and structures has as its exclusive purposes:
a) the prevention of real estate speculation;
b) the guarantee of rational and orderly use of the national territory;
c) the assurance of genuine access to decent and affordable housing;
d) the prevention of the abusive concentration of land as a form of economic domination.

Article 59. Legal Security of the Property Owner:

No holder of privately owned buildings and structures shall be deprived of their right except for a real and specific public purpose, through prior, just, and monetary compensation, and subject to full judicial oversight.

The extinguishment or modification of the right of land use shall only proceed for a grave and duly demonstrated legal cause.

Article 60. Prohibition of Collectivization and Nationalization:

Every form of collectivization, nationalization, or ideological appropriation of land or of buildings and structures is hereby prohibited.

The State’s dominion over land shall not be employed to implement totalitarian, communist, or social control systems prohibited by this Constitution.

Article 61. Entrenchment of the Land Regime (Entrenched Clause)

The constitutional regime of public dominion over land and full private ownership of buildings and structures shall not be repealed, suspended, or altered, not even by means of constitutional reform.

TITLE VIII

OF THE ELECTORAL REGIME

Article 62. Qualified Majority for Elective Offices:

Every public office subject to popular election shall require, in order to be validly elected, the attainment of a minimum of fifty-five percent (55%) of valid votes cast.

When in the first round of voting no candidate attains said percentage, a runoff election shall be held, in which only the two candidates who obtained the greatest number of votes in the first round shall participate.

The candidate who attains a minimum of fifty-five percent (55%) of valid votes cast in the runoff election shall be declared elected.

Article 63. Mandatory Nature of the Legitimacy Threshold:

The qualified majority requirement established in the foregoing article is mandatory, non-derogable, and non-reducible, and may not be modified by ordinary legislation, decree, regulation, judicial interpretation, or partial electoral reform.

Any election held in contravention of this threshold shall be null and void ab initio.

Article 64. Scope of Application

The qualified majority and runoff regime shall apply, at a minimum, to the election of:
a) the President and Vice-President of the Republic;
b) the members of the Congress of the Republic;
c) governors or such other authorities as determined by law;
d) mayors and elective municipal authorities.

The law may extend this requirement to other elective offices, but may never reduce it.

TITLE IX

OF NATIONAL DEFENSE, SECURITY, AND THE ARMED FORCES

Governing Principle of the Title:

The defense of the Republic is conceived exclusively as the protection of human life, the integrity of the national territory, civil sovereignty, and the security of the population; all militarist, ideological, or repressive conceptions of armed power being hereby proscribed.

Article 65. Demilitarization of the State:

The Republic of Cuba is hereby constituted as a non-militarized civil State.
The model of traditional Armed Forces as a political, ideological, or internal control instrument is definitively abolished.

No armed institution shall exercise political power, deliberate, intervene in civil life, or exert influence over the direction of the State.

Article 66. Abolition of Compulsory Military Service:

Compulsory military service in all its forms is hereby eliminated.
No citizen shall be compelled to receive military instruction, bear arms, or be incorporated into armed bodies against their will.

Service to the Nation shall be rendered exclusively through civilian, compensated means, and in accordance with the law.

Article 67. Establishment of the National Civil Protection Guard:

The National Guard of the Republic of Cuba is hereby established as a specialized, non-military body of a technical and humanitarian character.

The National Guard shall have the following exclusive functions:
a) search and rescue in natural disasters;
b) civil protection in hurricanes, floods, fires, earthquakes, and emergencies;
c) evacuation, humanitarian assistance, and logistical support to the population;
d) international cooperation in humanitarian aid and rescue missions.

The National Guard shall have no repressive, political, or social control functions.

Article 68. Nature and Principles of the National Guard:

The National Guard:
a) shall be strictly subordinate to the constitutional civilian power;
b) shall not be considered an armed force in the military sense;
c) shall operate under the principles of political neutrality, professionalism, legality, and protection of human life;
d) shall be composed exclusively of compensated, trained, and certified personnel.

Article 69. Reorganization of the Navy as a Coast Guard:

The existing Navy is hereby transformed into the National Coast Guard Service of the Republic of Cuba.

The Coast Guard Service shall have the following exclusive functions:
a) maritime search and rescue;
b) protection of human life at sea;
c) surveillance of territorial waters;
d) direct and permanent action against drug trafficking and illicit trafficking by maritime routes;
e) international cooperation in search, rescue, and maritime security operations.

All offensive, belligerent, or external military power projection functions are hereby prohibited.

Article 70. Abolition of the Military Air Force:

The Military Air Force is hereby abolished and the following are definitively eliminated:
a) combat aircraft;
b) offensive aerial weapons systems;
c) all doctrine of aerial warfare.

Existing or future aerial assets shall be transferred to the National Guard and to the Coast Guard for the exclusive purposes of:
a) search and rescue;
b) medical evacuation;
c) disaster response;
d) civil and environmental surveillance;
e) counter-narcotics operations in jurisdictional waters.

Article 71. Prohibition of Offensive Armament:

The Republic of Cuba hereby renounces, in a permanent and irreversible manner, the possession, development, acquisition, or deployment of:
a) heavy offensive armament;
b) weapons of mass destruction;
c) warfare systems designed for external aggression.

Article 72. Absolute Subordination to Civilian Power:

All security, rescue, and protection bodies shall be strictly subordinate to:
a) this Constitution;
b) the democratically elected civilian authorities;
c) judicial and parliamentary oversight.

The defense of superior orders shall not exempt any person from personal liability for violations of human rights or of this Constitution.

Article 73. Prohibition of Politicization:

Every form of the following is hereby prohibited:
a) ideological indoctrination;
b) partisan allegiance;
c) active political participation
on the part of personnel of the National Guard, the Coast Guard Service, or any security body.

Article 74. Constitutional Purpose

The security model established in this Title has as its exclusive purpose:
a) the protection of human life and dignity;
b) the guarantee of the safety of the population in the face of disasters and emergencies;
c) the prevention of the use of armed power as an instrument of oppression;
d) the assurance that never again shall a military apparatus become the master of the State.

Article 75. Entrenchment Clause

The provisions of this Title pertaining to:

the elimination of traditional armed forces,
the abolition of compulsory military service,
the civilian nature of the National Guard,
the transformation of the Navy into a Coast Guard,
and the prohibition of offensive armament,
shall not be repealed, suspended, or amended, not even by means of constitutional reform.

Article 76. Absolute Incompatibility of Active Armed Personnel

No member in active service of the National Guard, the Coast Guard Service, security or intelligence bodies, or any armed or uniformed institution of the State shall:

a) hold elective public office;
b) hold partisan political office;
c) stand as a candidate or engage in political canvassing;
d) occupy positions of political or civil administrative direction, except for those of a strictly technical nature as determined by law and which do not entail political authority.

Any act, appointment, or election carried out in contravention of this article shall be null and void ab initio.

Article 77. Mandatory Cooling-Off Period

In order to stand as a candidate for or to hold public or political office, the personnel referred to in the foregoing article shall be required to:

a) resign definitively or pass to retirement; and
b) observe a minimum institutional cooling-off period of four (4) years from the date of effective separation from active service.

The law may establish longer periods for sensitive areas such as intelligence and operational command, but never shorter periods.

TITLE X

OF THE RESPONSIBILITY, PROBITY, AND SANCTION OF PUBLIC OFFICIALS

Article 78. Absolute Liability for Corruption and Embezzlement

Any official, authority, or public servant who, in the exercise of their functions or by occasion thereof:

a) embezzles, diverts, misappropriates, or permits the misappropriation of State funds, assets, or resources;
b) engages in acts of corruption, illicit enrichment, fraud, influence peddling, or abuse of power;
c) receives, solicits, or accepts bribes, gifts, or undue benefits, directly or indirectly;

shall be subject to criminal prosecution in accordance with the law, without prejudice to any applicable civil and administrative liability.

Article 79. Confiscation of Illicitly Acquired Assets

Any person convicted of the offenses provided for in the foregoing article shall be subject to:

a) total confiscation of assets, property, and benefits obtained illicitly, as well as those whose lawful provenance cannot be established;
b) full restitution of funds or assets to the public patrimony;
c) extended patrimonial liability to frontmen, intermediaries, family members, or third parties who have collaborated in the concealment or enjoyment of illicitly obtained assets, in accordance with the law.

Confiscation shall be applied exclusively by means of a final and enforceable judicial sentence, with full respect for due process.

Article 80. Imprescriptibility of Corruption Offenses

The offenses of corruption, embezzlement of public funds, illicit enrichment, and bribery:

a) shall not be subject to any statute of limitations;
b) shall not be subject to amnesty, pardon, or commutation;
c) shall not benefit from statutes of limitations, retroactive prescription, or special immunities.

Article 81. Perpetual Disqualification

Persons convicted of the offenses provided for in this Chapter shall be perpetually disqualified from:

a) holding any public office;
b) administering State assets or resources;
c) entering into contracts with public entities.

Article 82. Temporal Application and Prosecution of Past Offenses

The provisions of this Chapter shall be applicable:

a) to offenses committed after the entry into force of this Constitution;
b) to offenses committed prior thereto, in respect of which full restitution of the damage caused has not been effected, exclusively for purposes of patrimonial prosecution and recovery of public assets.

Such application does not violate the principle of criminal legality, as it refers to patrimonial effects and civil liability, in conformity with international law.

Article 83. Anti-Corruption Shield Clause

The provisions pertaining to:

imprescriptibility,
confiscation of illicitly acquired assets,
perpetual disqualification,
shall not be repealed or weakened, not even by means of constitutional reform.

TITLE XI

OF FOOD SOVEREIGNTY AND THE RIGHT TO DIGNIFIED NUTRITION

Governing Principle of the Title

Sufficient, wholesome, and accessible nutrition is an essential condition of human dignity, social stability, and national sovereignty.
Hunger, induced scarcity, and food dependency constitute forms of domination incompatible with this Constitution.

Article 84. Right to Food

Every person has the right to sufficient, nutritious, varied, safe, and accessible food.

The State has the obligation to create the legal, economic, and institutional conditions necessary to render this right real and effective, free from rationing, discrimination, or political control.

Article 85. Food Sovereignty

The Republic of Cuba guarantees its food sovereignty as the real and permanent capacity to produce, access, and distribute food for its population, without structural dependency on foreign countries, international organizations, or mechanisms of political domination.

Food sovereignty is a strategic objective of the State and a governing principle of national economic policy.

Article 86. Free Production of Food

The production of food is a free, lawful, and protected activity.

The State:
a) guarantees the freedom to produce, process, transport, and commercialize food;
b) prohibits State, partisan, or ideological monopolies in the food sector;
c) ensures clear, stable, and non-confiscatory rules for producers, cooperatives, and private enterprises.

Article 87. Prohibition of Food as an Instrument of Power

The use of access to food as:
a) a mechanism of social or political control;
b) an instrument of punishment, discrimination, or repression;
c) a means of ideological subordination of the citizen;
is hereby prohibited.

Any practice that causes artificial and/or induced scarcity, State hoarding, or forced rationing shall be deemed a grave violation of this Constitution.

Article 88. Abolition of Rationing

Permanent food rationing as a structural system is hereby abolished.

The State shall not impose distribution systems that arbitrarily limit the quantity, variety, or access to food for ideological, political, or administrative reasons.

Article 89. Free and Competitive Food Market

Access to food shall be governed by a free, transparent, and competitive market, subject solely to health, quality, and consumer protection regulations.

Prices shall not be set in a centralized manner when doing so generates scarcity, black markets, or corruption.

Article 90. Support for the Domestic Producer

The State shall promote on a priority basis:
a) domestic agricultural and livestock production;
b) access to inputs, technology, financing, and insurance;
c) the free contracting and export of surpluses;
d) the elimination of bureaucratic impediments that discourage production.

The producer shall be protected, not persecuted.

Article 91. Complementary Importation of Food

The importation of food shall be free and complementary to domestic production.

The State shall not:
a) monopolize imports;
b) restrict them in order to favor political control;
c) prevent the private sector from accessing international markets.

Article 92. Health Safety and Quality

The State shall guarantee:
a) effective health controls;
b) food safety;
c) clear consumer information.

Health regulation shall not be employed as a pretext to restrict the lawful production or commerce of food.

Article 93. Protection in Emergency Situations

In exceptional situations of natural disaster or national emergency, the State may adopt temporary measures to guarantee access to food, provided that such measures are:
a) proportionate;
b) non-discriminatory;
c) limited in duration;
d) subject to judicial and parliamentary oversight.

Article 94. Prohibition of Ideological Instrumentalization

No food program, aid, subsidy, or supply policy shall be conditioned upon:
a) political allegiance;
b) ideological affiliation;
c) electoral conduct;
d) membership in State or partisan organizations.

Article 95. State Responsibility

Inaction, gross negligence, or the adoption of policies that cause chronic food shortages, hunger, or structural food dependency shall give rise to political, administrative, and patrimonial liability on the part of the responsible officials, in accordance with this Constitution.

Article 96. Guaranteed Agricultural and Livestock Usufruct

Given that the entirety of the soil and subsoil of the national territory belongs to the Republic of Cuba in permanent representation of the Cuban people, the State guarantees the right to agricultural and livestock usufruct to every farmer, producer, or rancher who wishes to work the land.

The usufruct shall be granted:
a) in a free, voluntary, and non-discriminatory manner;
b) at a fixed symbolic value of ten cents (USD 0.10) per square meter per year, or its equivalent in national currency;
c) with full legal certainty for as long as the land is effectively exploited in accordance with its productive purpose.

The right of usufruct may be extinguished only when the land granted remains without productive exploitation for a continuous period exceeding three (3) years, save for duly certified force majeure in accordance with the law.

Under no circumstances shall the extinguishment of usufruct bear a confiscatory, political, or arbitrary character, and it shall be subject to judicial oversight.

Article 97. Tax Exemption for Agricultural and Livestock Production

In order to effectively guarantee food sovereignty, all means, implements, inputs, machinery, tools, products, and technologies intended for agricultural or livestock exploitation shall be exempt from taxes, duties, and tariffs, both in their domestic production and upon importation.

Expressly excluded from this exemption are:
a) fuels;
b) derived energy products;
c) those inputs whose use is not directly linked to agricultural or livestock production.

The law shall establish the necessary control mechanisms to prevent the diversion of these benefits, without obstructing or increasing the cost of productive activity.

TITLE XII

OF BASIC SERVICES, ENERGY, AND ESSENTIAL INFRASTRUCTURE

Article 98. Right to Basic Services

Every person has the right to continuous, safe, and sufficient access to:
a) electricity;
b) potable water;
c) sanitation;
d) basic telecommunications.

The provision of these services is an essential State obligation and shall not be employed as an instrument of political control, punishment, discrimination, or social pressure.

Article 99. Prohibition of Structural Interruption

The systematic, prolonged, or planned interruption of basic services as a structural State policy is hereby prohibited.

Interruption may only occur for technical reasons, force majeure, or indispensable maintenance, and only on a temporary and proportionate basis.

Article 100. State Liability

Gross negligence, deliberate disinvestment, or mismanagement that causes the prolonged collapse of basic services shall give rise to administrative, civil, and political liability on the part of the competent officials.

TITLE XIII

OF ECONOMIC FREEDOM, ENTERPRISE, AND COMPETITION

Article 101. Freedom of Enterprise

Freedom of enterprise, private initiative, and lawful entrepreneurship are hereby recognized.

The State shall not impose State, partisan, or military monopolies, nor restrict economic activity for ideological reasons.

Article 102. Defense of Competition

A free and competitive market is hereby guaranteed.

The following are prohibited:
a) permanent State monopolies;
b) enterprises controlled by armed forces or security bodies;
c) the abusive concentration of market power promoted by public authority.

Article 103. Economic Legal Certainty

Economic rules shall be clear, stable, and predictable.
Every form of indirect confiscation through inflation, arbitrary controls, or retroactive changes is hereby prohibited.

TITLE XIV

OF THE CENTRAL BANK, CURRENCY, AND SAVINGS

Article 104. Independence of the Central Bank

The Central Bank of the Republic is autonomous and independent of political power.

The issuance of currency to finance public expenditure, fiscal deficits, or political programs is hereby prohibited.

Article 105. Protection of Savings

Citizens’ savings are hereby constitutionally protected.

The following are prohibited:
a) financial freezes;
b) deposit freezes;
c) forced currency conversions;
d) confiscatory devaluations.

TITLE XV

OF THE RIGHT TO INFORMATION AND DIGITAL FREEDOM

Article 106. Right to Internet Access

Every person has the right to free, uncensored access to the Internet and to information technologies.

Article 107. Prohibition of Digital Censorship

The following are hereby prohibited:
a) the censorship of content for political reasons;
b) the blocking of networks or platforms that do not contravene the spirit of the law;
c) Internet blackouts as a mechanism of control.

TITLE XVI

OF FREE AND NON-IDEOLOGICAL EDUCATION

Article 108. Education Free from Indoctrination

Education shall be free, pluralist, and non-ideological.

Every form of mandatory political indoctrination in public or private educational institutions is hereby prohibited.

Article 109. Rights of Parents

Parents have the preferential right to determine the moral and formative education of their children, in accordance with the law.

TITLE XVII

OF DIGNIFIED PUBLIC HEALTH

Article 110. Right to Health

Every person has the right to free, dignified, real, and timely medical care.

Article 111. National Priority

The allocation of medical resources, healthcare personnel, or international missions in a manner that compromises the domestic care of the population is hereby prohibited.

Article 112. Medicines

The State shall guarantee, through its own or corporate means, the regular supply of essential medicines.

TITLE XVIII

OF RETIREMENT AND SOCIAL PROTECTION

Article 113. Dignified Retirement

Every person has the right to a retirement pension sufficient to live in dignity.

Article 114. Protection of the Pension System

Pension funds shall not be employed for political purposes or for financial purposes extraneous to their object.

TITLE XIX

OF THE ENVIRONMENT, WATER, AND NATURAL RESOURCES

Article 115. Environmental Protection

The State shall protect the environment, water, soil, subsoil, and hydrographic basins.

Article 116. Environmental Liability

Any person or entity that causes environmental damage shall be liable for its full remediation.

TITLE XX

OF THE ORGANS OF INSTITUTIONAL OVERSIGHT

Article 117. Office of the Comptroller General

The Office of the Comptroller General of the Republic is hereby established as an independent organ for the oversight of public expenditure.

Article 118. Autonomous Public Prosecution Service

The Public Prosecution Service shall act with functional autonomy, free from political subordination.

Article 119. Ombudsman

The Office of the Ombudsman is hereby established for the direct protection of citizens’ rights vis-à-vis the State.

TITLE XXI

OF TRANSITIONAL PROVISIONS

Article 120. Entry into Force

This Constitution shall enter into force on the day of its proclamation.

Article 121. Automatic Dissolution

All organs, offices, and structures incompatible with this Constitution are hereby dissolved by operation of law.

Article 122. Limited Legal Continuity

Prior laws shall remain in force only insofar as they do not contradict this Constitution and until their express replacement.