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La Yaya Contitution
It was approved on October 29th, 1897, in La Yaya; in a meeting accomplishing the constitutional mandate of Jimaguayu. It is the first rebel constitution that is made with a dogmatic and an organic part. It is structured in 48 sections.

It is structured into five titles containing dispositions on the Territory and Citizenship; the individual and political rights; the Republic’s Government; the Representative Assembly and it keeps the Title V to the dispositions of general character.

In the first title, the territory division stays for a further regulation.

It also establishes the requirements to be considered Cuban citizens.

In this Title the Civic Duty to serve the motherland is recognized, and for the first time the Military Service is established as obligatory duty of the citizens.

In the II Title the individual civil s rights are regulated; those of habeas corpus, postal freedom, religious freedom, tax equality, learning freedom, petition right, domicile unbreakable condition, universal suffrage, opinion freedom, meeting and association right.

In Title III the dispositions are ordered in 5 sessions, the one On the Public Powers, On the Council of Government, On the President and Vice-President of the Republic, On the State Secretaries and On the Secretary of the Council of Government.

In these precepts the way of govern from the Jimaguayu Constitution is ratified, and in the same way, the undelegable structure, functions and attributions of the Council of Government, which has the Executive Powers of the Republic, is established.

Besides the legislative functions of the Council of Government, this organ can set the general lines of the campaign, even, if necessary, also the intervention on the operation direction; and it recognizes in this organ, with limitations, the faculties before recognized to the General in Chief, in a way that the Council of Government is the only and supreme Power Organ. The Council of Government gets to agreements, but its validity depends on the fulfilment of the requirements constitutionally established. The requirements to hold the Presidency of the Republic are also settled.

It establishes norms related to the competence of the State Secretaries as well as to their faculties.

The functions and attributions of the Council of Government Secretary are regulated. This Constitution ratifies the incompatibility of the position of Minister with others, and although it establishes exceptions, it also recognizes prerogatives to the position of Minister.

Related to the Justice Administration, it establishes two jurisdictions, one of criminal and other of civil affairs, and its organization depends on a further law.

Title IV is entitled to establish the norms that regulate the functions and attributions of the Representative’s Assembly, its sessions and the integration laws, as well as the prerogatives of the position of Representative and its incompatibility with other and it also regulates the procedures to get to agreements in the Representative’s Assembly.

Same as the last Constitution, it refers to the conditions and procedures to follow in case of getting to a peace agreement with Spain. With the North American intervention in the Spanish-Cuban conflict, a difficult juridical situation settled in the island because the North Americans began to announce military orders that were aimed to assure the positions that had been conquered, and it represented a benefit and a stimulation for the investment capital and for the North American production in Cuba.

This ignorance of the Cuban constitutional order by the North Americans was terrible for the Cuban life, because on one hand, new governmental organs were implanted and on the other hand they maintain the political and juridical institutions implanted in Cuba by the Spanish Government.

Due to this juridical uncertainty and institutional holocaust, and by virtue of the Reformation clause of Yaya Constitution, the Santa Cruz Assembly began to be in session, which further was moved to Cerro.

Neither Santa Cruz Assembly nor what was agreed there, was recognized by the North Americans, who continued their political actions to consolidate their interests and to turn Cuba into a Yankee neocolony.
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