The Cuban government has published the draft project of the new constitution, ostensibly for a period of 'public consultations' - to which, interestingly, Cuban expatriates have been invited to participate in by the foreign ministry. It is expected to be adopted in a referendum in February 2019.
Here is the full text (in Spanish):
http://www.minrex.gob.cu/sites/default/files/ficheros/tabloide-constitucion.pdfHighlights from the new text:
The preamble tellingly loses a chunk proclaiming the "awareness" that "all the regimes of the exploitation of man by man cause the humiliation of the exploited and the degradation of the human nature of the exploiters" and that "only under socialism and communism, when man has been freed from all forms of exploitation—slavery, servitude and capitalism—can full dignity of the human being be attained" and "that our Revolution uplifted the dignity of the country and of Cubans". Instead it is replaced by far less brazen language about the leadership of the PCC and national unity as fundamental pillars of the political, social and economic order. A further tribute to Fidel Castro is added. Nevertheless, the preamble retains the reference to the socio-political ideas of Marx, Engels and Lenin (as well as Yankee imperialism).
Cuba becomes a "socialist state of law [estado de derecho], democratic, independent and sovereign" rather than a "socialist state of workers, independent and sovereign".
In article 3, the irrevocability of socialism and the socialist system is kept, although I note with some interest that the phrase "Cuba shall never return to capitalism" is to be removed. Article 3, as it deals with the irrevocability of socialism or the socialist system, remains unamendable.
In article 5, which proclaims the PCC as the 'vanguard' and 'superior leading force' and currently mentions the "construction of socialism and advancement toward the communist society", the latter part about advancing towards communism is removed, although the PCC remains the vanguard and superior leading force of the state and society, organized and oriented towards the construction of socialism.
The (negative) mentions of imperialism, neocolonialism, fascism and other stuff which left-wingers hate aren't removed from the article on foreign relations (which still doubles up as a list of thinly-veiled attacks on US foreign policy towards the island). The article adds, among the guiding objectives of Cuba's foreign policy, environmental protection and fighting climate change. It also adds a committment to disarmament, rejecting the proliferation or use of nuclear weapons and even cyberwarfare; repudiates any sort of terrorism, "especially state terrorism" and defends the "democratization of cyberspace" (and condemns its use for 'subversion and destabilization of sovereign nations'). In addition, Cuba "promotes multipolarity in international relations".
The Cuban economic system remains defined on the basis of "socialist ownership of the fundamental means of production" and planned regulation and direction of the economy. In another move away from socialist grandstanding, the pie-in-the-sky part about "the suppression of exploitation of man by man" is removed.
The new article 21 lists the forms of property recognized: state ownership ('socialist ownership of all the people', cooperative, mixed, of 'political, mass and social organizations', private ("on determined means of production") and personal. The predominance of state ownership of land, subsoil rights and natural resources is largely unaltered, although private ownership of land - including the sale and transfer of land, subject to the law but in much broader terms than the 1976 constitution establishes - is mentioned. State-owned property remains inalieable meaning that in no case can it be sold, transferred, donated or exchanged.
The new article 28 reads that "the state promotes and provides guarantees to foreign investment, as an important for the country's economic development".
The ban on dual citizenship appears to be removed from the constitution.
The title on rights and duties is significantly revamped, falling more in line with the traditional human rights protections granted by most modern constitutions. Gender, sexual orientation and gender identity are added to the list of grounds on which discrimination is banned. On paper, rights are only limited by the rights of others, collective security, general welfare and respect to public order, constitution and laws. The rights to life, liberty, justice, security, peace, healthcare, education and culture are guaranteed. Compared to the 1976 constitution, the new constitution now guarantees the right to intimacy, bans "forced disappearances, torture, inhumane cruel or degrading punishments", guarantees the right to due process and habeas corpus. The right to freely enter, remain on, transit through or leave the territory is added. The new article 59 recognizes the freedom of expression, thought and conscience; the new article 60 recognizes the freedom of the press in broader terms than under the current constitution (which explicitly limited it to the objectives of socialist society, language now removed, although subject 'to what the law establishes'). The freedoms of peaceful and 'legal' assembly and association are guaranteed in broader terms, although still subject to public order and the law. I doubt this actually changes very much, but perhaps it is a positive development. I am still somewhat curious to see, in the long-term, what - if any - are the effects of these, on paper, more thorough lists of guaranteed rights.
Indeed, the definition of marriage becomes gender-neutral ('two persons legally fit to marry' rather than a man and a woman). A transitional article gives the National Assembly one year to make the necessary legal changes (i.e. to legalize same-sex marriage).
In the definition of the principles of the state's education policy, the reference to "the Marxist and Martían ideology" as a basis of educational policy is removed.
The offices of President and Vice President of the Republic are created, separated from the presidency and vice-presidencies of the Council of State (which will now be held by the president and vice presidents of the National Assembly). The President is head of state, elected by the National Assembly from among its members to a five year term, renewable once. For the first term, there is an upper age limit of 60 (and minimum age of 35). The Council of State will continue to exercise most legislative powers between sessions of the National Assembly, although the more executive/'regalian' duties presently held by the president of the Council of State will now be held by the President of the Republic.
The office of Prime Minister is created. The PM, vice-PMs and ministers will be appointed by the National Assembly on the proposal of the President. The membership of the Council of Ministers will be separate from that of the Council of State, which isn't currently the case. The PM is head of government, serving a five year term. Under the 1976 constitution, the president of the Council of State is the head of state and government.
Each province will now have a provincial governor, appointed by the National Assembly on the proposal of the President. This appears to replicate a similar separation of powers at the provincial level between an unelected deliberative provincial council and the governor, who is to be the representative of the central state and head of the provincial administration.
An 'autonomous' national electoral council, whose members are elected by the National Assembly, will be created in charge of organizing elections (electoral-type events to be precise).
tl;dr: Cosmetic changes, which do nevertheless appear to be mildly positive, affecting the institutional organization of the state/government and the supposed 'rights' of citizens, but without any real changes to the single-party authoritarian nature of Cuba or its 'socialist system'. This constitution won't be the one which makes Cuba a multi-party democracy.
