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Spanish Colonial Constitutions of Cuba (1792-1858)

Constitution of 1792

(Francisco De Arango y Parreño)(Autonomist) In 1792, Francisco De Arango y Parreño, a prominent representative of reformist ideas, presented to the Spanish Crown his autonomist constitution about Havana’s agriculture system; and how to improve upon it. His work analyzed the existing problems on the Island and means to resolve them. His constitution defended the interests of the sugar plantation owners and the small tobacco growers.

Constitution of 1811

(José Agustín Caballero) (Autonomist) José Agustín y Caballero was a priest with liberal ideas that contributed to educational progress of the island. His political ideas show a strong European influence. He noticed the need for change in Cuba. After the Napoleonic Wars, during the Spanish Courts Convocation, Agustín prepared a constitutional project that was more explicit than the Constitution of 1792. The autonomist Constitution of 1811 accepts the General Capitan as the monarchy’s representative.

Constitution of 1812

(Joaquín Infante) (Separatist) Joaquín Infante, in 1812, wrote, “Proyecto de Constitución para la isla de Cuba,” (Constitutional Project for the island of Cuba). This constitution represents the first independent-separatist constitution.

Constitution of 1822

(Gabriel Claudio Zequeira) (Autonomist) April 12, 1822, an agreement among the Cuban Deputies sent to the Spanish Courts the constitutional project of Gabriel Caludio Zequeira, the Governor of Mantazas Municipal Government. In the form of instructions, he argues that if the Spain’s Constitution of 1812 was good enough for Spain’s Spaniards, it did not mean the same thing to the Spaniards on Cuba, so far away geographically. Based on this reason, Cuba needed a government based on specific laws and autonomy.

Constitution of 1823

(Félix Varela) (Autonomist) Félix Varela Constitution of 1823 corresponds to Spain’s second period without a Constitution (período constitucional abierto en España) (1820-1823). Varela held the political position on the Cuban Council to the Royal Courts. Along with other Council members worked on a document for an Autonomous Government that would, “put an end to the arbitrary rulings, correcting the vices of the administration, …taking all the resources of the dwellers… stretching the bonds of friendship that should unite the Spanish of bother hemispheres…”

Constitution of 1850

(Narciso López) (Separatists/U.S. Annexation) Narcisco López was born in Venezuela, where he served in the Spanish Army and fought against independent forces. When the war ended, he abandoned his country and went to live in Spain until 1841 when he settled in Cuba, where he served in public positions for Spain. Later he headed a group that wanted Cuba annexed by the United States, called “Conspiración de la Mina de la Rosa” or “Conspiración of Manicaragua,” in the central region of the Island. When the Spanish discovered the conspiracy, López escaped to the Southern United States where he organized two expeditions to Cuba with slave owning Southerners.

The Constitution of 1850 had a provisional character until its objective was achieved, the United States annexation of Cuba. The following Articles demonstrate the temporary nature of this constitution:

Constitution of 1858

(de la Asociación El Ave María, derived from Narcisco Lopez) (Separatists) The Constitution of 1858 derives from the Constitution of 1850, with one addition. The revolutionary association called “El Ave María” advocated the Constitution

Cuba’s Armed Constitutions (1869-1898)

Constitution of Guáimaro(1869)

The Guáimaro’s Constitution provided a fundamental judicial document for Cubans. The document settled individual differences among the diverse fractions and in different liberated locations. Some fractions expressed the urgent need to place governmental powers in one leader, and concentrate on defeating the Spanish army. Other fractions conveyed the need to change the social structures, an independent civil and judicial system. This fraction wanted a political system with democratic and republican features for all Cubans.

Constitution of Baraguá (1878)

Many Cubans disapproved of the Zanjón Pact. Protesters in Baraguá wrote a simple Constitution that established a provisional government. The assembly of Baraguá signed the Constitution of Baraguá in 1878. The provisional government sent Antonio Maceo on a foreign mission to obtain resources from other countries. After Maceo’s failed mission, the Baraguá government reached a peace accord with the Spanish.

Constitution of Jimaguayú (1895)

In 1895, the Constitution of Jimaguayú served the purpose of uniting the civilian and military wings of the independent movement. The Representative Chamber obtained all authority, by allowing the military free reign. The Government would only intervene with the military operations if they judged it necessary to accomplish very important political objectives. The Chief General directed military authority.

Constitution of the Yaya (1897)

In 1897, the Assembly of Representatives approved the Constitution of La Yaya. Following the instructions described in the Constitution of Jimaguayú, the different factions of the Liberating Army Representatives renewed the Constitution and the Government.

Neo-colonial Constitutions of Cuba

Constitution of Wood (1898)

In 1898, General Leonard Wood became the governing commander in Santiago, Cuba. Mc Kinley served Wood with instructions to impose American order on the province. On December 31, 1898, Spain finished evacuating its troops leaving the United States as the sole foreign power. Cuba asserts January 1, 1899 the first official day of the American occupation of Cuba.

Constitution of 1901

Occupied Cuba received a military order to select delegates for a constitution convention to start on November 5, 1901. The 1901 Constitution had a preamble, 115 articles, and 14 volumes. At the constitution convention’s initial session, General Wood addressed his guests in English. He emphasized four main points Cuba’s constitution needed to contain or produce: 1) Assure a stable government, ordered and free; 2) Organize the Cuba and United States political relations; 3) Restrict the Assembly’s power, to focus exclusively on writing the constitution. 4) Entrust the development of Cuba to the U.S. government.

Constitution of 1940

In November 1939, the Cuban people selected delegates of the Constitution Assembly. They went into session from February to June 1940. The Assembly signed the text in Guáimaro, the birth placed of the first Cuban Constitution. The 1940 Constitution rates as one of the most progressive Constitution in Latin America. However, the 1940 Constitution lacked a progressive legislation to complement its functions.

Socialist Marxist Constitutions of Cuba

Fundamental Law of 1959

After the triumph of the insurrection in Cuba, January 1, 1959, using procedures found in the 1940 Constitution, the Council of Ministers created modified the constitution. On February 7, 1959, the Council of Ministers approved the constitutional document, the Constitution of 1959 or the Fundamental Law. The Constitution contained 16 volumes, creating new institutions like the Ministry of Misappropriated Goods.

Constitution of 1976

After the Constitution of 1959, Cuba went through a series of transitions that culminated with the institutionalization process that began in 1974. On October 23, 1974, an act to commission the Constitution Redaction Preparation Project started. The Cuban people discussed and consulted each other through their popular assemblies. On February 24, 1976, Constitution of 1976 became the law for the Republic of Cuba.

Constitution Reform 1992

The Reform Constitution of 1992 demonstrates Cuba’s change after the collapse of the Soviet Union resulting in an economic crisis within Cuba’s society. Cuba responded by developing, and organizing their workers, farmers, intellectual and manual workers to diversify the economy. The national government and the local People Power reorganized their geographical areas. Cuba’s Reform Constitution of 1992 represents Cuba’s response to the need for developing new trading partners.

Constitution Modification 2002

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