The Analysis:

The authors used a "C/R/E/M" analysis (as set out below) which involved a consideration of each provision of certain relevant existing Cuban legislation with a view to proposing:

(a)        Creation of an entirely new provision;

(b)        Retention of the existing provision in its current form;

(c)        Elimination of that provision in its entirety; or

(d)        Modification of that provision.

The C/R/E/M analysis evaluates the impact (if any, and whether direct or indirect) that the provision in question, in its existing form, has on the conduct of free and fair elections in Cuba. The range of options for the legislation reviewed covered the spectrum from no impact at all to substantial amendments, deletion and the introduction of new provisions[1].

Prior works examined

Prior to conducting an analysis of the existing legislation, a thorough examination was undertaken, inter alia,  of two other comprehensive works, each of which examined and proposed critical aspects in a potential transition in Cuba to a State fostering free and fair elections. Those two works were (i) Programa Todos Cubanos[2] ("Todos Cubanos") and (ii) the International Foundation for Election Systems' Transitional Election Planning Manual: Republic of Cuba[3] ("IFES").

Todos Cubanos, which was published in 2006, was the culmination of the "National Dialogue" in Cuba, in which Oswaldo Payá Sardinas[4] and others in Cuba discussed (in many discussion groups[5]) how a transition in Cuba would take place and what the "shape” of Cuba would be post-transition. Todos Cubanos itself comprises:

·                     an introduction;

·