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Constitution Writing and Conflict Resolution In Africa

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Constitution Writing and Conflict Resolution In Africa

Constitution Writing and Conflict Resolution In AfricaJennifer WidnerUniversity of Michigan37956Preliminary findings from work in progress.Please do n

Constitution Writing and Conflict Resolution In Africanot quote or cite without the author’s permission.Widner Prospeơus Page 1© Jennifer Widner August 2003Constitution Writing and Conflict Resolution In

AfricaJennifer WidnerUniversity of Michiganwith the assistance ofMichael Kellerman, Jean-Paul Chaine, Leanne Powner, and others1During the past thirty Constitution Writing and Conflict Resolution In Africa

-five years, nearly 200 new constitutions have appeared in countries at risk of internal violence. Internationally brokered peace accords have entaile

Constitution Writing and Conflict Resolution In Africa

d the development of constitutions not only in the Balkans but also in Cambodia, East Timor, Rwanda, Chad, Mozambique, and the Comoros. New fundamenta

Constitution Writing and Conflict Resolution In AfricaJennifer WidnerUniversity of Michigan37956Preliminary findings from work in progress.Please do n

Constitution Writing and Conflict Resolution In Africans have started to develop good practice guidelines for the conduct of constitution writing. Implicit in these initiatives is a belief that the proces

s used to develop a new constitution exercises both an indirect effect on violence, by shaping who has a voice in choosing the substantive terms as we Constitution Writing and Conflict Resolution In Africa

ll as levels of compromise, and a direct effect, by influencing senses of inclusiveness, for example. Procedural choices help decide who has a chance

Constitution Writing and Conflict Resolution In Africa

to speak, the range of community interests taken into account, feelings of trust and inclusion, the balance between quiet persuasion and grandstanding

Constitution Writing and Conflict Resolution In AfricaJennifer WidnerUniversity of Michigan37956Preliminary findings from work in progress.Please do n

Constitution Writing and Conflict Resolution In Africa process may influence levels of conflict more strongly than content. While it takes time for people to learn about the incentive structures new const

itutions create, the drafting process itself sends signals that have an immediate impact on attitudes.It is not hard to think of examples of constitut Constitution Writing and Conflict Resolution In Africa

ion writing processes that have aggravated levels of conflict. For example. Africa specialists often contrast the divergent experiences of countries t

Constitution Writing and Conflict Resolution In Africa

hat held national conferences as pan of the move to multiparty rule. In Congo-Brazzaville, the organization and tone of the conference intensified eth

Constitution Writing and Conflict Resolution In AfricaJennifer WidnerUniversity of Michigan37956Preliminary findings from work in progress.Please do n

Constitution Writing and Conflict Resolution In Africa, the militaiy held delegates hostage. By contrast, the design and management of the national conferences in Benin and Mali instilled higher levels co

operation among political elites and established models for resolving problems well after the transition had ended. Venezuela and Colombia join1 Micha Constitution Writing and Conflict Resolution In Africa

el Kellerman 1$ In the graduate program of the Department of Government. Harvaid University: Jean-Paul chaine now works with the Department of Defense

Constitution Writing and Conflict Resolution In Africa

: Leanne Powner is in the Department of Political Science, University of Michigan. All were graduate students during the period they helped develop on

Constitution Writing and Conflict Resolution In AfricaJennifer WidnerUniversity of Michigan37956Preliminary findings from work in progress.Please do n

Constitution Writing and Conflict Resolution In Africaly Lopez-Sanatana. Roel van Lanen. Daniel Corstange. Lindsay Benstead. Beth Katz. Ellora Puri. Ifeoma Okwuje. Kirsten Carlson. Tifflany Howard, and Jo

el Simmons.2& Jennifer Widner August 2003the list of countries where drafting did little to ease tensions, although government respect for human right Constitution Writing and Conflict Resolution In Africa

s improved, post-ratification, in Colombia. Spain. South Africa, and Namibia attract attention as happier stories, although they left important issues

Constitution Writing and Conflict Resolution In Africa

unresolved and violence diminished only very slowly in the Spanish case.A number of very serious challenges bedevil die ability to give a social scie

Constitution Writing and Conflict Resolution In AfricaJennifer WidnerUniversity of Michigan37956Preliminary findings from work in progress.Please do n

Constitution Writing and Conflict Resolution In Africa empirical answer is that constitution writing embraces a bundle ol procedures, nol a single identifiable decision Rile. It generally covers a number

of functions, organized in stages: negotiation of ground Riles: development of interim documents or immutable principles: preparation of an initial te Constitution Writing and Conflict Resolution In Africa

xt; deliberation and adoption of a final draft; ratification and promulgation. There are several formal ways to assemble these tasks. Tn one common mo

Constitution Writing and Conflict Resolution In Africa

del, a commission prepares a text on die request of the executive, which then submits the recommendations in whole or in part to a regular legislature

Constitution Writing and Conflict Resolution In AfricaJennifer WidnerUniversity of Michigan37956Preliminary findings from work in progress.Please do n

Constitution Writing and Conflict Resolution In Africadelines and elects a transitional legislature from its members, rhe transitional legislature then appoints a commission to prepare die text. It debate

s, modifies, and adopts the draft, and it sends the final version to a referendum. Still other processes are executive-driven or include combatants in Constitution Writing and Conflict Resolution In Africa

an agenda-setting role. In practice, countries have experimented with a wide range of approaches and within these they have varied dramatically with

Constitution Writing and Conflict Resolution In Africa

respect to the representativeness of key assemblies, decision Riles, publicity, public consultation, and other matters. The number of permutations and

Constitution Writing and Conflict Resolution In AfricaJennifer WidnerUniversity of Michigan37956Preliminary findings from work in progress.Please do n

Constitution Writing and Conflict Resolution In Africaome of interest to policy makers, internal conflict, especially violent conflict, is not proximate to procedural choice. That is, many things affect i

nternal conflict, and it may prove difficult to pinpoint how much of the variation in violence, before and after, results from constitution writing, c Constitution Writing and Conflict Resolution In Africa

ompared to post-ratification events, underlying sources of tension, the legacy of tension from prior periods of violence, etc. Although it is possible

Constitution Writing and Conflict Resolution In Africa

to control lor the most obvious ol these influences, as the period under consideration lengthens then? is a greater chance that idiosyncratic events

Constitution Writing and Conflict Resolution In AfricaJennifer WidnerUniversity of Michigan37956Preliminary findings from work in progress.Please do n

Constitution Writing and Conflict Resolution In Africaons difficult. Further, past a certain point, the greater the number of such inf luences we try to lake into account, the harder it is to draw c lear

causal inferences.A related problem is that root the subject of interest is a counlerlac lual: What would have happened had this process not taken pla Constitution Writing and Conflict Resolution In Africa

c e? Tn some instances, expectations about future levels of conflict Rin high and even though violence takes place after ratification the implicit cla

Constitution Writing and Conflict Resolution In Africa

im is often that “it isn’t as bad as it might have been.” Capturing “what might have been" is partly resolvable by comparing and contrasting cases wit

Constitution Writing and Conflict Resolution In AfricaJennifer WidnerUniversity of Michigan37956Preliminary findings from work in progress.Please do n

Constitution Writing and Conflict Resolution In Africaed out in the3ê' Jennifer Widner August 2003period before ratification with outcomes, but such estimates exist for only a limited number of countries.

Finally, the relationship between process and violence flows through multiple lines of influence. Some of these are direct. For example, process may s Constitution Writing and Conflict Resolution In Africa

hape public perceptions of fairness, make key players feel included, set a model for subsequent interaction among political elites, or enhance the mem

Constitution Writing and Conflict Resolution In Africa

bers of the interested public to monitor official adherence to substantive constitutional terms. Others are indirect; drafting procedures affects who

Constitution Writing and Conflict Resolution In AfricaJennifer WidnerUniversity of Michigan37956Preliminary findings from work in progress.Please do n

Constitution Writing and Conflict Resolution In Africapture only the net effects of these various causal stories. Discerning which lines of influence are most important is something we can do only with re

spect to small numbers of cases, if at all.One way to address these challenges is to focus attention on intermediate outcomes, such as the frequency o Constitution Writing and Conflict Resolution In Africa

f grandstanding v. compromise within constitutional deliberations, and on particular procedural choices. The best example is research by Jon Elster at

Constitution Writing and Conflict Resolution In Africa

Columbia University. Elster focuses on the effect of particular procedural rules on willingness of delegates in the main deliberative forums of East

Constitution Writing and Conflict Resolution In AfricaJennifer WidnerUniversity of Michigan37956Preliminary findings from work in progress.Please do n

Constitution Writing and Conflict Resolution In Africahen traces what actually happened under a variety of rules in the East European cases. His study is unique in this respect. Its focus is on the “middl

e range"—the attitudes and behaviors that contribute to compromise but are so proximate to the procedures that it is possible to trace clear causal li Constitution Writing and Conflict Resolution In Africa

nks.This paper pursues a different kind of research strategy. Measures of intermediate outcomes across a large number of cases are rare, and much thou

Constitution Writing and Conflict Resolution In Africa

gh one might wish to follow Elster’s example, his approach can serve as a model for only a limited range of inquiry. More seriously, the claims that u

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