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JULY 1, 1940

We, the delegates of the people of Cuba, assembled in Constituent Convention, for the purpose of establishing a new fundamental law to consolidate our organization as an independent and sovereign State, capable of assuring freedom and justice, maintaining order and promoting the general welfare, do hereby, invoking the favor of God, set forth the following Constitution:

Concerning the Nation, its Territory, and Form of Government

ARTICLE I. Cuba is an independent and sovereign State organized as a unitary and democratic Republic for the enjoyment of political freedom, social justice, individual and collective welfare, and human solidarity.

ART. 2. Sovereignty resides in the people, and all public powers arise there from. 

ART. 3. The territory of the Republic consists of the island of Cuba, the Isle of Pines, and other adjacent islands and keys, which were under the sovereignty of Spain until the ratification of the Treaty of Paris on December 10th, 1898.

The Republic shall not conclude or ratify pacts or treaties that in any form limit or menace national sovereignty or the integrity of the territory. 

ART. 4. The territory of the Republic is divided into Provinces, and the latter into municipalities. The existing Provinces are named: Pinar del Río, Havana, Matanzas, Las Villas, Camagüey, and Oriente. 

ART. 5. The flag of the Republic is that of Narciso López that was raised in the Morro fortress of Havana on May 20th, 1902, on the transferring of the public power to the people of Cuba. The national coat-of-arms is that which is already established as such by law. The Republic shall not recognize or authorize any national flag, hymn, or coat-of-arms other than those referred to in this article.

In the buildings, fortresses, and public dependencies, and in official acts, no flag shall be raised other than the national flag, with the exception of foreign flags in the case and in the manner permitted by protocol arid by international usage, treaties, and laws. As an exception, the flag of Carlos Manuel de Céspedes shall be hoisted in the city of Bayamo, which is declared a national monument.

The national hymn is that of Bayamo, composed by Pedro Figueredo, and shall be the only one rendered in all the dependencies of the Government, barracks, and on official occasions. Foreign hymns may be rendered in the cases already stipulated in relation to foreign flags.

Notwithstanding the provisions of the second paragraph of this article, flags belonging to the armed forces may be raised in fortresses and barracks. Likewise, societies, organizations, or centers of any kind may raise their flags or insignia in their buildings, but the national colors shall always occupy the predominant place. 

ART. 6. The official language of the Republic is Spanish. 

ART. 7. Cuba condemns wars of aggression and aspires to live in peace with all States and to maintain cultural and trade relations and ties with them.

The Cuban State accepts the principles and practices of international law which promote human solidarity, respect for the sovereignty of peoples, reciprocity between States, peace, and universal civilization.

TITLE II   1940 Constitution

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