The Cuban National Assembly has approved a constitutional amendment lifting the age limit of 60 years for presidential candidacy without holding a public referendum. Authorities maintain that the process was "entirely legal" and supported by the current Constitution.
During the final day of the Assembly's fifth regular session, regime officials removed the clause in Article 127 that required presidential candidates to be under 60 for their first term. This age restriction, introduced in the 2019 Constitution at the behest of General Raúl Castro, was intended as an institutional safeguard based on his personal experience.
The Legal Justification
Homero Acosta, Secretary of Parliament, along with José Luis Toledo Santander, President of the Constitutional and Legal Affairs Commission, justified the amendment by stating that the Constitution allows for modifications without a referendum, provided they do not alter the president's powers, term duration, or the "immutable" clauses like the irreversibility of socialism.
Acosta emphasized, “Article 103 establishes that the National Assembly is the sole constituent authority,” highlighting that the process adhered to all necessary protocols: it was initiated by the Council of State, approved by the required quorum, and passed through a nominal vote, an "exceptional modality."
Reasons for Reform
Toledo noted that the country's context has evolved since 2018, and the aging population necessitates "flexibility" in presidential candidacy requirements. “The previous rule became a barrier for individuals over 60, yet possessing experience, commitment, and full physical and mental capacity, from taking on this responsibility,” he explained.
With this reform, any Cuban citizen over 35 years old can now run for president, with no upper age limit. However, criteria regarding experience, loyalty to the revolution, and competence remain unchanged according to officials.
Public Participation Concerns
Despite the absence of criticism during the parliamentary debate broadcast by state media, the lack of a public referendum—unlike the process that accompanied the 2019 Constitution's approval—significantly reduces citizen participation.
The law was presented directly by the Council of State without plebiscite mechanisms or prior public forums. Acosta reiterated the decision was justified, saying, “Today's principles set by the Constitution have been fulfilled. No further procedures are needed since what was amended is a requirement, not a presidential power.”
Political Context and Implications
This reform occurs as current leader Miguel Díaz-Canel, who has already turned 60, concludes his first term. While authorities claim the changes were not designed for any specific individual or situation, the legal modification paves the way for his potential re-election.
According to the second "whereas" of the approved legal text, the adjustment aims to "ensure the nation's institutional integrity and secure the Revolution's future." Raúl Castro, who initially pushed for the age limit in 2019, proposed its elimination. At 94, Castro requested the change to the Communist Party's Political Bureau, as disclosed by ANPP President Esteban Lazo, according to the official Cubadebate portal.
Frequently Asked Questions About Cuba's Constitutional Reform
Why was the age limit for presidential candidates removed?
The age limit was removed to address the aging population and allow capable individuals over 60 to assume the presidency, reflecting changes in the country's demographic context since 2018.
Was there any public consultation for this constitutional change?
No, the amendment was made without a public referendum, contrasting with the 2019 Constitution's approval process, which included public consultation.
What does this reform mean for Miguel Díaz-Canel?
The reform potentially facilitates Díaz-Canel's re-election by removing the age restriction, allowing him to run for another term despite being over 60.