Parliamentary
Elections in today's Cuba
René Gómez
Manzano.
It is a well-known that Cuba's current
political system originates from the Constitution
of 1975, which went into effect in 1976.
What is less known is how the amended 1975
constitution during the 1992 general reform
changed the process of electing deputies
to the National Assembly of People's Power.
Before the Constitution was amended deputies
were chosen simply by municipal assemblies,
whereas they are now directly elected by
voters.
Candidates for a position in the National
Assembly of People's Power have been nominated
in a complex system since the constitutional
reform. Each municipality nominates one
deputy per every twenty thousand inhabitants
or a fraction higher than ten thousand.
However, by law there are never less than
two deputies nominated under Article 14
of the Elections Act - Act No. 72 of October
29, 1992. Furthermore, municipalities with
more than one hundred thousand inhabitants
may be subdivided into districts of no less
than fifty thousand inhabitants (Art. 15
EA).
When analysing how these changes affected
the supreme power of the existing state,
the first thing we have to emphasize is
that there is no freedom of proposal for
who can be potential candidates. On the
contrary, the Elections Act provides for
a system of candidacy commissions - apart
from one national commission there are several
provincial and municipal commissions - and
it is these commissions who play a key role
in the whole process of nominating the candidates
(Art. 67 EA). The commissions are formed
by representatives of the following mass
organizations (Art.68 EA, number of representatives
is not stipulated in the Act though):
· Confederation of Cuban Workers
(Central de Trabajadores de Cuba)
· Committees for the Defense of the
Revolution (Comités de Defensa de
la Revolución)
· Federation of Cuban Women (Federación
de Mujeres Cubanas)
· National Association of Small Farmers
(Asociación Nacional de Agricultores
Pequeños)
· University Students' Federation
(Federación Estudiantil Universitaria)
· Federation of Secondary School
Students (Federación de Estudiantes
de la Enseñanza Media)
Official propaganda constantly points out
that the Cuban Communist Party, the only
political party, does not make any proposals
for slates of candidates. This statement
is true in a strictly formal sense. Nevertheless,
what lies underneath this recurrent topic
of official propaganda is completely false.
The fact that the Communist Party does not
formally intervene in the nomination of
candidates does not mean that the whole
process could be called democratic and non-totalitarian.
Anyone with even superficial knowledge
of Cuba's current political situation would
have little doubt that these "mass
organizations" are controlled and supervised
by the Communist Party. The Party uses these
institutions as "mouthpieces"
to impose its policies over the various
social sectors of Cuban society.
Even if we accepted that the current system
of nominating candidates was not a manifestation
of the absolute power a single party state
can wield over an entire society, the chosen
method would not lose its totalitarian nature.
Obviously, when there are only six organizations
that can make proposals by nominating representatives
in the candidacy commissions, and no freedom
of proposal, we are actually dealing with
a new type of totalitarianism. In essence,
the aforementioned six organizations make
up a kind of cartel which imposes its power
over the society.
It is quite clear from a formal point of
view that the system is not equitable. A
certain number of citizens do not belong
to any of these six mass organizations,
and therefore, they have no representation
in the process of proposal. On the other
hand, some citizens are members of several
organizations, and in theory, are "over-represented".
Furthermore, a large percentage of the Federation
of Secondary School Students members have
not even come of age to vote.
Yet, is there some grain of truth that
these mass organizations could have nothing
to do with the single party or could even
be considered independent? If any part of
this was true, then these organizations
would be breaking Article 5 of the current
Constitution. In that provision, the Cuban
Communist Party is clearly defined as the
supreme authority of society which exists
to coordinate and channel the efforts of
the common people towards the higher goals
of building socialism and realizing a communist
society. Furthermore, Article 7 outlines
the role of mass organization by saying
that they bring together different social
groups, in order to stand for their specific
interests and involve them in construction,
consolidation and defence of the socialist
society.
Considering these legal circumstances,
could some spokesman of the regime explain
how these organizations devoted to the construction
of socialist society could possibly be independent
of the party which coordinates and channels
the common efforts into building socialism?
Or is this provision of the Constitution
actually being broken?
I have already mentioned how complex the
nomination process is for deputies of the
national Assembly of People's Power under
the 1992 Elections act. I hopefully have
made it clear that the legislative methods
being used are highly dubious. In fact,
there are several rules which mix up provisions
intended for the election of deputies and
of those that regard the election of delegates
to provincial assemblies. However, we should
look at what is and isn't clear.
The National Candidacy Commission is responsible
for preparing the proposals (Art. 87 EA)
for the candidates and sending them to the
National Electoral Commission. The National
Electoral Commission is required to verify
whether the pre-election candidates proposed
meet all legal requirements. Once this is
completed, the National Candidacy Commission
is in charge of sending these certified
proposals to particular Municipal Candidacy
Commissions who in turn present them to
Municipal Assemblies of People's Power (Art.
88).
The fact that the number of citizens included
into each pre-election candidacy has to
be at least double to the number of deputies
which are to be elected (Art. 89) is relatively
straightforward. Candidates are nominated
by Municipal Assemblies of People's Power
and their number has to be equal to the
number of deputies that the municipality
in question shall elect (Art. 92). However,
the Elections Act does not strictly define
which body is responsible for considering
the citizens proposed by the National Candidacy
Commission (the number of these citizens
is no less than double to the total number
of posts) and for choosing those who should
actually stand as candidates. By systematically
analysing the Elections Act we could conclude
that this power might belong to the Municipal
Candidacy Commission. This conclusion is
based on the fact that the Municipal Assembly,
a body elected by the people, is wholly
subordinate to the Candidacy Commission.
We can, for instance, find the following
provisions:
· In case the Municipal Assembly
agrees to exclude one of the candidates
proposed by the Candidacy Commission, the
President of the Candidacy Commission puts
forward a new proposal (Art. 96, sections
3 and 6).
· If some of the proposed citizens
does not obtain the majority of votes (in
a voting by raising hands), the Municipal
Candidacy Commission will again make a new
proposal (Art. 96, sections 5 and 6). 1
What is the purpose of these complex constraints?
In my opinion and without any doubts, the
purpose of the current system is as follows:
for anyone to be proposed as a deputy to
the National Assembly, the citizen has to
be approved by three separate organs of
the state - the National Candidacy Commission,
the Municipal Candidacy Commission and the
Municipal Assembly of People's Power. It
is extremely difficult, if not absolutely
impossible, for any "improper"
person to be nominated with this process
is place. Not only is it impossible for
opposition or independent candidates to
run for election, but even for anyone whom
the establishment may find just a little
unpleasant. We should also bear in mind
that the make up of these bodies are different
- at least in case of candidacy commissions.
While municipal assemblies are the only
bodies elected by people (despite the fact
that in countries like Cuba, the concept
of "elected by people" is somewhat
limited), national and municipal candidacy
commissions are appointed by the previously
mentioned cartel of six mass organizations.
For these two different commissions to agree
to a certain candidate, this particular
candidate must necessarily meet the expectations
of the Party. Otherwise, we may be almost
absolutely sure that this citizen would
be rejected either by the candidacy commissions
or by the municipal assembly.
Obviously, all these aspects would be of
importance in case of some hypothetical
discrepancy in the future. However, up to
this moment, there has been no such situation.
Once the candidacies are agreed upon in
all of the country's municipalities voting
takes place. I am deliberately saying voting
as opposed to electing, because there cannot
be election without choice. Those candidates
who have obtained more than a half of the
valid votes are considered as "elected"
(Art. 124 EA). And who determines which
votes are valid? The Elections Act does
not provide for a clear definition on this
point. In case of electing deputies, the
Election Act explicitly recognizes the right
of electors to vote for all the candidates
or for some of them (Art. 110, section 2).
The law also stipulates that the ballots
where it is impossible to determine the
will of the voter will be nullified (Art.
114, section 1).
Bearing in mind the intensive propaganda
which the regime launches before every general
election in order to persuade the citizens
to "vote in unity", that means
to vote in favour of all the candidates,
I believe it is quite bold to claim that
the will of the voter cannot be determined
in blank and crossed ballots or in ballots
with a written comment against the system
or against the candidates. Nevertheless,
in practice this has so far been the most
frequent interpretation. Therefore, all
ballots which are blank, crossed or include
any comments are not taken as ballots where
voters clearly express their opposition
to the regime and to its candidates, but
as invalid votes that do not count. Reducing
this to the absurd, let's imagine the following
situation. There is a municipality where
only one citizen "votes in unity",
whereas others, the rest of the inhabitants,
make their ballot somehow invalid. Yet all
the candidates would actually succeed, since
they would have obtained more than a half
of the valid votes, or in other words, they
would have obtained one vote out of total
one
In other words, whoever wants to express
by vote his disagreement with the single
candidacy, will be forced to vote for at
least one of the proposed candidates, otherwise
his ballot will be invalid and will be nullified.
And this means that such a citizen will
actually have to become an accomplice of
the very same system he wishes to combat.
Although in the near future this is something
highly improbable, let's imagine for a while,
that with this mechanism or another, one
or more deputy seats of a particular municipality
or district remain vacant. What would happen?
The Elections Act provides for such a possibility
in the article 125. In such a case, the
Council of State would have the following
options:
i) to leave these seats vacant;
ii) to empower the Municipal Assembly with
the election; or
iii) to call for new elections.
A second round of the elections to the
National Assembly would only be held if
the Council of State took the third option.
This is in stark contrast with the elections
of delegates to the municipal assemblies
where a second, or even a third or fourth,
round is held as a rule (Articles 180 and
121 EA). And needless to say that while
the only issue discussed in the municipal
elections is which of the two or more residents
will be the elected delegate, general elections
determine the make-up of the supreme body
of the state.
I should stress that the second round of
the elections to the National Assembly is
really just one of the possible scenarios.
In such a case, the Council of State would
have different options, all legal ones,
on how to face the situation and it could
make a choice that would best suit its political
interests.
From the legal point of view, it would
be interesting to briefly analyse what would
happen in the following situation. There
is a municipality or district which shall
elect for instance two deputies. In the
first round of the elections, the majority
of the citizens vote for only one of the
candidates, and therefore, this candidate
is the only one elected and the other seat
remains vacant. Should the Council of State
decide that the seat be filled by means
of public voting, the only valid ballots
in the second round would be those in favour
of the new single candidate, because the
other ballots would be declared invalid.
I believe that all the measures mentioned
in this paper are to ensure that the National
Assembly of People's Power will keep on
providing unanimous support to the current
leadership of the country. What about you?
Do you share my opinion?
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