Constitution Writing & Conflict Resolution
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Mali 1992

Mali moved to revise its constitution as part of a transition from military rule, as well as an effort to quell a low-intensity conflict with the Tuareg in the northern region and respond to a serious institutional crisis. Early in its discussions the conference decided to create a separate track for resolving the Tuareg conflict. The conference focused on institutional design and governmental accountability instead.

The incumbent head of state came to power in a coup in 1991 and constituted a transitional committee with a civilian majority to guide the country toward multiparty democracy. This transitional committee oversaw the registration of opposition political parties and established plans for a national conference and a constitutional referendum. It appointed a large, broadly representative preparatory commission. The conference was to have the power to draft a new constitution, a new electoral code, and a new political parties charter.

The conference had 1800 delegates (officially 1518). Each group allocated a seat could choose its own process for filling the seat. The transitional government and cabinet had 28 delegates; members of government, 21; ministerial departments, 82; ambassadors, 9; governors, 8; security and armed forces, 15; famous Malians living abroad, 20; commission experts, 63; Malians living overseas, 77; regional coordination committees, 118; cercles, 135; cooperatives, 11; political parties, 125 (42 parties); associations 467. There were 10 interpreters, 126 members of the press, and 132 members of the organizing committee as well. The membership was overwhelmingly male. Only 52 women were included in the conference.

The conference divided into 5 sub-committees: institutions & policy; economic, social & cultural affairs; youth; the rural community; crime and the problems in the north. There were three days of presentations before each committee, 5 days of discussion in committee, and four plenary sessions to approve a new political parties charter, electoral code and draft constitution. A constitutional commission (commission of 63 legal experts) provided the initial texts of these documents. These experts were appointed by the conference’s coordinating committee (preparatory committee). The head of state chaired the conference. A referendum followed.


Notes: Some of the political parties represented at the conference disappeared before the conference ended and others faded quickly thereafter. There is some evidence that moderate religious leaders mediated emerging disputes behind the scenes. The tone set by the military government and by the transitional prime minister was forward-looking. Political life in Mali became significantly more open after this conference, and the conference approach and emphasis on dialogue was used subsequently in several other settings to resolve conflict. Annual days of dialogue became a national institution and allowed citizens to pose questions to ministers (in writing first).

 

 

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