Constitution Writing & Conflict Resolution
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Djibouti l992

The Djibouti constitution was a response to popular pressure for institutional change. The Head of State and his political party had ruled the country since Djibouti had gained independence from France in l977. The president and the ruling party had rejected introduction of multi-party rule for a long time. Perhaps fueled by political changes taking place in other countries, there were demonstrations for a multi-party system in 1991.The terms of a civil war peace settlement in l991 between the Issas and the Afars, may also have helped to bring about the desire for change. Djibouti had maintained close links to France allowing the French to have a naval base and troops in the country. France sent a peace mission to try to bring the rebels and the President to the table and withheld economic aid. In December l991, the President said he would undertake some democratic reforms and allow multi-party competition on the condition that rebel militias were removed from the country. However, there was an Issas Diaspora in Somalia that served as “reserve” troops for the President, while there was an Afar Diaspora in Ethiopia that provided “reserves” for the rebels. Just prior to the start of the constitutional process, 14 members left the ruling party saying the president put his personal interests above the welfare of the country.

The constitution writing process began by executive decree. The president appointed a 14- member single party commission on January 21, l992. It included the speaker and some members of the one-party parliament, some government officials including the Minister of Justice. Deliberations, held in the capital city, were secret. The commission adopted its own rules of procedure for drafting the constitution. The president had ultimate authority to approve the language of the draft. The commission presented its draft to the President on March 23, l992. In April, the President announced that he had reviewed the draft and would send the document to a national referendum. When the draft was submitted, the Front Pour la Restauration de l’Unite Democratique (FRUD), an armed political party that had had no role in the constitution writing process, called on the President to resign. It wanted a detailed timetable for implementing a multi-party system, an amendment allowing parliament to overturn presidential nominations to cabinet posts, and an amnesty. (The amnesty was granted June 27, l992). Moderates objected to the control the President exerted over the process. At the national referendum, voters had to vote the constitution up or down and vote on a provision that limited the number of political parties to four. Voters ratified the constitution by 96.04% of those voting. The turnout was 75.16%.

 

 

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