History of International IDEA’s Work on Constitution Building

International IDEA’s work in the area of Constitution-Building Processes prior to the development of a formal programme was undertaken through its country and regional programmes from 1996-2006. Naturally, there is also substantial overlap between much of the work International IDEA has undertaken and constitutional issues: electoral system design, gender, political parties and their engagement in the democratic process, transitional justice and reconciliation, and state re-structure after violent conflict and political transition.

A number of International IDEA’s country programmes which prioritised democratic assessments through dialogues provided the framework of challenges and priorities in post-conflict and post-authoritarian transitions. This provided an entry point to understand the constitutional challenges and also provided some input to the national processes.

  • In 2000 International IDEA hosted two workshops for the Burmese democracy movement leadership where Professor Haysom from South Africa spoke on the challenges of negotiating a political settlement and drew on the experiences of South Africa. (See report: Negotiating a Political Settlement in South Africa: Are there lessons for Burma?)

  • In Indonesia, the International IDEA-convened Forum for Democratic Reform, a group of Indonesian politicians, academics, activists and members of the military produced an Assessment that identified the parameters for the reform agenda. The chapter on the constitution was first submitted in July 2000 as a report to the Ad Hoc Committee on Constitutional Review of the People’s Consultative Assembly (MPR).

  • International IDEA also convened a conference in Jakarta on the 'Review of Constitutional Institutions to Promote Sustainable Democracy and Effective Administration' in Indonesia in October 2001.

  • A series of workshops on ‘State Constitutions protecting minority rights Under Federalism, dialogues in support of a democratic transition in Burma’ were held from 1-5th November 2002, in New Delhi, India and in Chiangmai, Thailand. (See report: The Role of State Constitutions in Protecting Minority Rights under Federalism: Dialogues in Support of a Democratic Transition in Burma)

  • In October 2004 in Peru, International IDEA sponsored a Conference on constitutional reform in the Andean Region. The conference was held in the Head Quarters of the Andean Community.


  • In Nepal in 2004 International IDEA undertook a project titled ‘Dialogues on Constitutional Processes: Promotion of Peace-building through a Pluralist Democracy in Nepal’.

  • In Nigeria: The assessment report Democracy in Nigeria: Continuing Dialogue(s) for Nation-Building (2003) included the themes of Democracy and Constitutional Governance, Ethnicity and Democracy, and Democracy and the Electoral Process.

  • In 2005 International IDEA monitored Nigeria’s National Political Reform Conference which attempted to reform the constitution. When it transpired that the conference process itself was a mere aid to the Assembly and the Presidency and not an autonomous body it was rejected further. However, it spawned an alternative conference, an initiative supported by some civil society groups and the Pro-National Conference Organization (PRONACO)’s goal was to convene a parallel national conference in June 2005.

  • A working paper The Role of Constitution Building Processes (CBP) in democratization: The case of Sudan produced for International IDEA by Partners in Development Services in February 2006 tracks the Interim National Constitutional Process in the aftermath of the Comprehensive Peace Agreement (CPA).

  • In Georgia, the process-oriented and participatory assessment “Building Democracy in Georgia” conducted in 2001 – 2003 which produced 12 discussion papers focused mainly on the election, constitution, local self-government and participation (minority issues mainstreamed) issues.

  • In 2004 the accent was on generating a national political reform agenda through public participation. The ‘Voices of Georgia in Constitutional and Political Reform’ project (June 2004 - August 2005) focused on addressing two important issues of the Georgian political system: the balance between different branches of power on the central level, and devolution of power from national to regional and local levels. (See the report: Constitutional-Political Reform Process in Georgia, in Armenia and Azerbaijan: Political Elite and Voices of the People, available in English, Georgian and Russian).

From 2004, International IDEA has developed specific programming around the constitution-building theme.

  • As part of this project, IDEA developed 12 country case studies (see box on the right) and provides an analysis of the role of constitution-building processes in democratization.

  • Constitution Building Processes and Democratization

  • In 2006, International IDEA held a two-week training seminar from 24 July to 4 August 2006 in Bangkok, Thailand on Constitution Making in Asia in cooperation with the UNDP Regional Centre in Bangkok (RCB) and the International Network on Constitutional Development.

In Nepal, since 2006, International IDEA has been running a separate project: Support for the Constitution Building (CB) Process in Nepal; 2006-2009. CBP Activities under the Nepal project include:

  • Creating local capacity to discuss constitutional issues (supporting members of the Bar, Law school, civil society – to develop a compendium on constitutional issues which can be used as the basis of civic education;

  • Publication of Issue Papers and Fact sheets, that de-mystify critical concepts and themes that can be used by national trainers of trainers for civic education;

  • Glossary of legal / political terms to avoid confusion around critical concepts and words;

  • Translation of IDEA materials (electoral system design hand book and policy summary, women in Parliament, etc.) into Nepali;

  • Providing material on Constituent Assembly processes in Nepali;

  • Training for women in the Constituent Assembly to canvas constitutional issues;

  • Study visits to / from Bolivia, India other countries from the region Consultations around ESD handbooks, and on gender representation in the CA and wider political process;

  • Survey to canvas citizens understanding of the Constituent Assembly their views and expectations;

  • Workshops for CA delegates;

  • Intra-party/ Inter-party dialogues around the CBP; and

  • The creation of a documentary film on the CBP to create an archive of visual documentation of the constitutional process. It is envisaged that the documentary can also be used for civic education.

In Bolivia, since 2006 much of International IDEA’s work has been focused on supporting the Constituent Assembly.

  • More than 70 delegates to Bolivia’s Constituent Assembly - which began its work on 6 August 2006 and is charged with re-writing the Andean nation’s Constitution - attended an “International Workshop on Constitution-Building Processes and Democratic Dialogues” held 23-24 July 2006 in Santa Cruz, Bolivia.

  • International IDEA produced a study/policy paper, The Constituent Assembly in the Constitution-Building Process (available in Spanish), which outlines comparative experiences and options for preparations for the Constituent Assembly.

  • A mission of 15 Bolivian political and civic leaders visited Stockholm, Oslo and Madrid from 21-27 May 2006 to meet with key players in all three countries on governance issues.

  • International IDEA has also carried out a survey on the Culture of the Constitution. The publication is forthcoming.

  • International IDEA has also recently supported public hearings in distant regions of the country with an UNDEF Project and is currently providing technical assistance to the Assembly commissioners, particularly on the ethnic dimensions of constitution building and on political system reform.

CONTACT
Winluck Wahiu

Winluck Wahiu, Project Manager (Design of Democratic Institutions and Processes)

w.wahiu@idea.int