Colombia 1991
Colombian constitution drafters wanted to help settle a civil war and respond to an institutional crisis. The first obstacle to reform was the existing legislature, the sole body empowered to deliberate about constitutional change. When popular pressure for a new constitution presented itself in the form of a successful write-in campaign during a regularly scheduled election, the country’s supreme court created an alternative route for revision and gave its imprimatur to special constituent assembly elections. There was an initial roundtable discussion to establish procedures. Four major political parties participated, including the political arm of one of the rebel groups. The ensuing special elections created an assembly with 74 members, of whom 70 were popularly elected and four were appointed. Candidates could run with political party backing or as independents on a national basis (no constituencies). Those selected were banned from contesting the next regular legislative election and could focus on promoting longer-term national interests instead of individual or partisan political fortunes, in theory.
The constituent assembly created five sub-committees, organized thematically, as well as a codification committee to transform language into legal terms. The committees developed the initial text, drawing in part on information provided by 1580 working groups formed throughout the country in October 1990, three months prior to the opening of the assembly, and on thousands of written submissions from civic groups, government, and others. (Government-organized commissions organized this information for the delegates.)
The assembly deliberated about each article its committees referred and sent proposals with majority backing to the codification committee for refinement. At a second plenary session, the assembly used a super-majority rule for sensitive issues or issues delegates felt had not received adequate attention in the first session. There were daily television and radio broadcasts organized by the constituent assembly to report its work to the public.
After the constituent assembly adopted the final draft, the government organized a series of civic education workshops to explain the new document to officials, students, and others. Throughout the process the president helped mediate differences among delegates, informally, and made several overtures to rebel groups, all of which were declined.
Notes: Major guerrilla groups boycotted the process, and conflict continued throughout.
Result: Improvements in some institutions, but violence between militia groups and security forces escalated later, as did attacks on citizens.