Constitution Writing & Conflict Resolution
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Guatemala 1994

A constitutional crisis in l993 prompted amendments to the existing constitution in 1994.

In 1993, the president attempted to rid the government of corruption by suspending the constitution and firing the Supreme Court justices. The Constitutional Court and civic organizations declared the self-coup illegal. Congress had twenty-four hours to designate a new president. The new president began a campaign to rid congress and the Supreme Court of corruption, but the measures for change precipitated a political crisis. The solution to the crisis was declared unconstitutional by the Constitutional Court. After other methods for change failed, the Catholic Church and the Episcopal Conference of Guatemala agreed to mediate a Round Table at which the president or his representative and the members of congress, forming an ad hoc committee, would deliberate and draft initial amendments to the constitution. The legislature was required to vote the amendments.

From June 9 to June 16 in Guatemala City, members of the Round Table prepared the initial draft. The members agreed both on procedures and on the reforms to be included in 37 amendments attempting to reform constitutional norms and six transitory articles attempting to clean the institutions of government. The reforms to constitutional norms were related to: The Monetary Board, Congress, the Executive, the Judiciary, the financial system and the municipal system. The transitory articles set procedures to call for new elections and to appoint Supreme Court judges and other members of government. Members of Congress elected by the regular election in October 1990 and members of the Supreme Court agreed to resign to make way for a new election in August 1994 to renew Congress and appoint new Justices. Congress approved the modifications to the constitution with the required quorum of two-thirds of its members voting in favor 90 to 116.

The government launched a massive campaign to inform the public about the reforms. Voters had one vote to vote up or down the entire package of amendments. Some civic organizations urged the public to abstain from voting claiming the agreement was a pact by political elites who didn’t consider the interest of the people. There were sporadic clashed between armed groups. These factors may explain the low voter turn-out. Only 16% of the voters voted in the referendum. 84% of the valid voters voted for the amendments. Ratification was on January 30, l994. New elections followed on August 14, l994.

 

 

 

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