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Democratic Governance: Constitutional Reform
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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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