Burundi 1992
Genocidal conflict began in Burundi 1972. In 1988, there was an upsurge of violence in some areas with over 5,000 killed and many displaced. This constitution was intended to effect a transition to multiparty rule as part of an effort to reduce ethnic conflict in the country and to respond to pressure from donor countries. In October 1988, President Pierre Buyoya created by executive decree a "National Commission to Study the Question of National Unity" comprised of 12 Hutu and 12 Tutsi members. There is no record of consultation associated with the development of procedures to draft this charter or the constitution that followed. Instead, the commission appears to have operated by the usual procedures followed by government commissions in Burundi. While Buyoya consistently followed a formula of 50 percent Tutsi and 50 percent Hutu representation, representation of the warring militias in this phase or in the follow-on constitution drafting process is not evident. (Some of the militias engaged in open combat during the constitution drafting process) Neither was there an explicit effort to obtain representation from the nascent political parties which, in fact, were not yet legalized.
Members of the Charter Commission included representatives from the executive, the party, the army, the private sector and religious faiths. Buyoya initially toured the country collecting people's views and making them aware of the process. A Unity Charter was published in its draft form in April 1990 and sent to the ruling party for consideration. To encourage broader participation, these party discussions were open to non-members. After revisions, the Unity Charter was sent through the President's office to referendum in February 1991. It was accepted by 89.3% of those voting. Buyoya stated that the Charter was the highest law of the land and other laws and institutions must conform to its principles.
Following the Charter's adoption, a 35-member Constitutional Commission started work in April 1991. Its report was published five months later in September 1991. While there is no evidence from press reports or other sources that meetings of the commission were open to the public, the final version was presented in extensive public debates and hearings in the early part of 1992. A final draft constitution was published in January 1992. It was submitted to a referendum on March 9, 1992, in which it was approved by 90.23% of those voting. About 97% of the voters turned out. It took effect on March 13, 1992.
During this whole process, many citizens were refugees in neighboring countries and violence and conflict continued.
NOTE: This constitution was amended beyond recognition during the first few years it was in effect. President Ndadaye, who was elected to succeed Buyoya, was assassinated. Later, Buyoya returned to power in a bloodless coup and suspended this constitution four years after he had put it into force. Violence in the country from 1993-1995 took an estimated 100,000 lives.