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Democratic Governance: Constitutional Reform

Introduction
The National Democratic Institute for International Affairs (NDI) has supported constitutional reform in many countries by providing technical expertise and comparative information on reform processes. In addition, NDI has provided information for substantive debates about constitutions, assisted lawmakers in reviewing draft constitutions, educated citizens about proposed changes to their constitutions, and assisted in public education efforts with a focus on helping legislatures in defining their role in a democratic system.

Afghanistan
As part of NDI's onging involment with constitutional reform in Afghanistan, in October 2003 the Institute sponsored a constitutional conference in Kabul, brining togther members of the National Front for Democracy in Afghanistan (NFDA), an umbrella organization of 45 polotical groups, as well as other pro-democracy activists from a broad political spectrum to discuss the constitutional development process.

Albania
In 1998, NDI brought together Albanian political party leaders with Canadian, French and Polish leaders who were actively involved in constitutional negotiations in their countries. In cooperation with the Ministry for Legislative Reform, NDI devised a public outreach program to inform the public about key components of the proposed constitution. The program included the development of radio phone-in shows, print education pieces, educational videos and the organization of public hearings.

Angola
In support of the process to revise the constitution, NDI has organized seminars and study missions in response to the Constitutional Commission,. the Attorney General and the Minster of Justice for information on human rights, judicial and prosecutorial reforms and ethics. Justice Albie Sachs (South Africa), Judge Jesus Fernandez Entralgo (Spain), Professor of Law Walter Kamba (Namibia) and Advocate George Bizos (South Africa) have traveled to Luanda for public seminars and consultations with the Commission, parliamentarians, political parties and government officials. Their presentations have been published in an Occasional Paper series in Portuguese and English. NDI has sponsored several study missions to South Africa to expose Angolans to the peaceful process of constitutional negotiations and the transformation of the justice system.

Georgia
To assist Georgian legislators in defining a post-Soviet system of governance and to provide structure to the constitutional debate, NDI organized conferences in 1994 and 1995 that brought parliamentary experts from France, Hungary, Poland and Canada to discuss critical substantive and procedural issues, such as division of power between the executive and legislative branches and achieving consensus on the constitution.

Guyana
NDI has supported political reconciliation and the constitutional reform process in Guyana since 1996 by arranging international consultations, workshops and study missions designed to facilitate an exchange of ideas regarding constitutional reform. NDI has helped to increase the effective participation of citizens in the process by making available in over 150 locations comparative constitutional materials from around the world and copies of the Guyana constitution.

Indonesia
Since February 2000, NDI has been actively involved in the Indonesia process of constitutional reform, providing critical comparative materials and information on constitutional and electoral reform to Indonesia lawmakers and members of the People's Consultative Assembly (Majelis Perwakila Rakyat, MPR), mandated to determine the constitution and decree the guidelines of the state policy. The materials provided by NDI have facilitated the MPR's continuing debate on contitutional issues. The Institute is also working closely with Indonesia universities and civil society partners to encourage citizen participation in the reform process. In October 2003, NDI Indonesia produces a briefing paper on the recruitment process of the membership and leadership of the newly established Constitutional Commission in anticipation of the 2004 elections.

Malawi
NDI provided forums for leaders of political parties, civil society organizations, women's groups and traditional authorities to develop agendas, form united fronts and devise strategies on how to lobby in preparation for Malawi's National Constitutional Conference. In support of the conference NDI provided all delegates with an annotated review of the constitution. NDI organized a session of the Constitutional Conference in 1994 seminar, "The Role of Parliament in Malawi's Constitutional Democracy," at which international presenters provided Malawian members of parliament, cabinet ministers, high court justices and civic organization representatives with comparative information about key features the different branches of government, specifically the powers and authorities of the president compared to the legislative branch.

Poland
In 1994, NDI organized a three-day conference on comparative constitutional models for the Polish parliament's constitutional committee and other interested parliamentarians. During the conference, participants considered issues such as the presidential and parliamentary systems, and the role of economic rights in a constitution.

South Africa
NDI contributed to many facets of the several stages of negotiations on the constitution. In the first stage of all-party negotiations, NDI provided comparative information on elections and intergovernmental relations. NDI organized a study mission for a political party Constitutional Commission to the United States for consultations on economic and human rights, the judiciary and intergovernmental relations. Following the election of the Constitutional Assembly in 1994, NDI's input was sought once again on the proposal for an independent election authority, funding of political parties, intergovernmental relations and bi-cameral legislative bodies. Following the enactment of the constitution NDI participated in initiatives on constitutional education and the enabling legislation for structuring local government.

West Bank/Gaza
In 1996, as the Palestinian Legislative Council was debating a draft of their basic law, NDI provided a forum for members to speak with expert legislators from Canada, France and Hungary about constitutional issues, particularly issues related to executive-legislative relations. The experts presented approaches to constitution writing and discussed ways to create a balance between the legislative and executive branches and to ensure implementation of constitutional provisions.

Contact Information
For more information on NDI's governance programs, please contact:

(202) 728-5410

Updated October 2006
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