Nicaragua 1987
The 1987 Nicaraguan constitution developed in part to resolve civil war and in part to secure international legitimacy. The junta and a transitional council of state with 51 members made the main procedural choices that would guide the drafting process. A fundamental statute and a document elaborating Rights and Guarantees served as an interim constitution during the transition period. The country held elections for a 96-member constituent assembly in 1984, five years after the overthrow of the previous government. Delegates were elected from 9 multi-member districts (10 members each) on a proportional representation basis with a 1% threshold. The six remaining seats went to 6 of the 7 losing presidential candidates. The assembly created a special constitutional commission with 3 sub-committees: 1) public consultation, 2) international affairs, and 3) constitutional affairs. The first of these commissions engaged in public consultation prior to the drafting process. It met with civic groups, solicited written contributions, sponsored 12 televised debates, and helped organize 73 forums (cabildos). These consultations continued over a 15-month period. An auxiliary commission, a Comision Dicatamindora, organized the public input and submitted summaries to the 22-member constitutional commission, which had responsibility for preparing the initial text. The constitutional commission also received suggestions from the international affairs commission, whose members reviewed the constitutions of other countries and traveled abroad to discuss alternatives. Drafting took place behind closed doors, but the activities of the consultation commission were broadcast on radio and television. The constituent assembly deliberated about the provisions in the initial text and made some changes. These discussions were broadcast. Adoption required a 60% super-majority of the assembly. The process took two years. The assembly was transformed into a regular legislature at the conclusion of the process. The first regular legislative elections took place in 1990.
Notes: International observers monitored the constituency assembly elections. Some group boycotted the process and a few withdrew, then re-joined. The major armed rebel militia did not participate. There were no independent newspapers during most of the period. Opposition politicians immediately called for extensive amendments. These amendments came up for discussion and a vote in 1994-95.
Result: Violence eased, then surged again. In August 1987, Nicaragua signed an Agreement on Regional Peace. This internationally-brokered agreement constituted a parallel effort to resolve conflict and exercised influence over the amendment process in 1994-5.