Namibia 1990
Namibian constitution drafting was part of an internationally mediated transfer of power from a trustee to an independent government, with a continued rebel insurgency/civil war threatened and racial discrimination a serious concern. A 1988 accord, brokered by the Western Contact Group, reflected agreement among the main parties on a democratization plan. The election of a 72-member constituent assembly was part of that plan, although many details of the constitution making process were deferred. Delegates to the assembly won election under a proportional representation system with a 1% threshold, after a 5-month campaign period. Drafters drew on two earlier documents, especially the 1982 Constitutional Principles, which came out of discussions at an all-parties conference in Geneva. The constituent assembly constituted a standing committee to develop an initial text, but it also appointed a smaller committee of three legal experts to develop a synthesis of proposals submitted by the main party and the earlier constitutional principles. The standing committee included all parties had representatives in proportion to their share of the seats in the assembly. It reviewed the initial synthesis from the three legal experts, made changes, and presented its text to the assembly for consideration. The assembly deliberated and adopted a final draft by super-majority of the delegates. There was no explicit effort to seek public input prior to or during the process, but there was a UN-sponsored civic education process in preparation for the assembly elections and newspapers covered the deliberations extensively. The assembly was transformed into a regular legislature at the conclusion of its work.
Notes: A UN peacekeeping force was in place during this process. Constitution drafting took place in the context of civil peace.
Result: Violence did not increase after the constitution was adopted.