02-28-06,8:43am

(published Feb 24, 2006)

Today, February 24, Cubans celebrated another anniversary of the beginning of the independence war led by Jose Marti in 1895 and the announcement in 1986 of the socialist character of the Constitution of the Republic of Cuba.

“Cuba’s political calling and its compliance with law have been constants since the independence war', said Dr. Lara Hernadez, president of the Cuban Society of Constitutional and Administrative Rights within the National Union of Jurists.

Before the enactment of the Draft of the Socialist Constitution, a referendum took place on February 15, 1976 with the involvement of more than 6,200,000 people who participated through numerous organizations, such as trade unions; civic organizations of women, farmers and students; Cuban missions abroad and the military. These open debates resulted in more than 16,000 people proposing amendments that enriched the draft of the Constitution and the Law for the Constitutional Transition which was also drafted at that time.

Every citizen over 16 had the right to vote on the Constitution by secret and universal ballot, a process in which military institutions also participated because, as Commander Camilo Cienfuegos once stated, they are but part of this 'people in uniform.'

The voting involved 98 percent of the population; out of which 97.7 percent endorsed the draft, said Dr. Lara. That means 95.7 percent of country’s voters gave their support to the Constitution and to the political, social and economic foundations of the Cuban government, which recognizes the leading role of the Communist Party of Cuba (PCC) and of the Communist Young League (UJC).

It also recognizes the role played by civic and mass organizations, the government and its functioning, the unity of people’s power and the fundamental duties, rights and guarantees to which Cubans are entitled. In short, it covers all aspects regulating Cuba’s constitution as the “Law of Laws” of our people – the basic law of the island’s legal framework.

The draft was prepared by a joint commission made up of 20 specialists from the government and the Communist Party of Cuba, appointed by virtue of an agreement by the Council of Ministers and the Political Bureau of the Central Committee of the Party on October 22, 1974.

This commission carried out a thorough analysis in which numerous other legal specialists collaborated. The first draft was handed over to President Fidel Castro on February 24, 1975 and was submitted for analysis and discussion by the entire population on April 10, 1975, the date when Cubans commemorate the 106th anniversary of the Guaimaro Constitution. That analysis extended for five months, until September 16, 1975, when Cubans commemorate the 104th anniversary of the proclamation of the Jimaguayu Constitution. In other words, the beginning and deadline for its analysis was framed by dates when Cubans commemorated the enactment of important constitutions from the independence war.

The Drafting Commission had Blas Roca as president, an indisputable authority within the Communist Party of Cuba, and as vice-president Armando Torres Santrail, the then Minister of Justice. The secretary was Dr. Jose Santiago Cuba Fernandez, the then general attorney of the republic. Both, Torres Santrail and Santiago Cuba Fernandez were prominent jurists.

The political system inherent in the Constitution enacted thirty years ago is the one Cubans desired and approved; therefore it rightfully —in accordance with the principle of self-determination— must be respected by all countries of world.