1336 Legal Dissent:
Constitutional Proposals for
“Cambio” in Cuba
Ana Cristina Maldonado
St. Thomas University
Abstract:The Revolution is 50, Raúl has succeeded Fidel, and many dissidents who
participated in the 2002 Varela Project initiative are in jail. What hope for “cambio”
(change) in Cuba? Legal dissent—constitutional proposals, a legislative agenda and
grassroots civil rights organizing—may be the key. The Movimiento Cristiano Liber-
ación (MCL), led by the Nobel Peace Prize-nominated Oswaldo Payá, presents the
strongest challenge to the power of Cuba's 50-year old Revolutionary government.
This dissident group is at the heart of the development of the 2002 Varela Project and
forms the core of the leaders arrested in the 2003 Cuban Spring crackdown. This paper
traces the history of MCL’s “legal dissent” strategy, from the evolution of the Varela
Project to their development of an entire legislative agenda, crafted with nation-wide
grassroots participation over the last six years since the crackdown. Using data from
international NGO surveys conducted within Cuba, we analyze the strengths and weak-
nesses of the MCL’s proposal vis a vis the political and economic concerns and inter-
ests of the broader population. Cuba’s government seeks to consolidate its rule through
its institutions, specifically, through the Cuban Communist Party. It remains to be seen
whether the MCL’s legal dissent strategy can successfully mobilize a broad segment of
the Cuban population, and channel the political aspirations of reformers whose inter-
ests are not served under one-party rule.
In January 2009, the Cuban Revolutionary government marked its
50th year in power, having survived substantial economic, social, and
political challenges. During these 50 years, a succession of dissident