constitution drafting

Preparing to Draft a New Social Contract: Tunisia's National Constituent Assembly Election, 2011

Type
Case Studies
Author
Daniel Tavana
Keywords
2011 Elections
election commission
election management body
election monitoring
legal frameworks
constitution drafting
constitution
Focus Area(s)
Elections
Critical Tasks
Election schedules
Election security
Legal framework
Legal structure
Organization and staffing
Peace councils
Political liaison
Rapid results
Securing elections
Vote counting
Voter education
Voter registration
Core Challenge
Dispute resolution (compliance)
Country of Reform
Tunisia
Full Publication
Tunisia Elections_TOU_1.pdf
Tunsia Case.txt
Abstract

Tunisia’s Independent High Authority for Elections faced a formidable task in May 2011. The newly created commission had five months to organize and implement elections for a National Constituent Assembly that would rewrite the Tunisian constitution. Commissioners moved quickly to build capacity and restore public faith in elections. The commission navigated the pressures of a compressed electoral calendar, an agitated electorate, and skepticism of the transitional government. The story of the group’s efforts to manage a successful election offers insight into how an electoral commission can take advantage of relationships with political parties, government, and the public to overcome inexperience in volatile circumstances. This case study focuses on commission staffing and recruitment, the creation of regional subsidiary bodies, and voter registration.

Sonam Tobgye

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L
Ref Batch Number
4
Country of Reform
Bhutan
Interviewers
Rohan Mukherjee
Name
Sonam Tobgye
Interviewee's Position
Chief Justice
Interviewee's Organization
High Court of Bhutan
Language
English
Nationality of Interviewee
Bhutanese
Place (Building/Street)
High Court
Town/City
Thimphu
Country
Bhutan
Date of Interview
Reform Profile
No
Keywords
civil service reform
judicial reform
constitution drafting
Abstract

Chief Justice Lyonpo Sonam Tobgye of Bhutan details the process through which Bhutan drafted its first constitution.  He discusses the successes and challenges of that process, as well as the difficulty of balancing the use of other countries as models with the unique requirements of Bhutan.  Tobgye also touches on the involvement of Bhutan's king in the constitution-drafting process and the many judicial reforms during his tenure as chief justice, including efforts to make judicial proceedings more efficient and to increase access to justice across the population.   

Transcript
Sonam_Tobgye.pdf
Sonam_Tobgye.txt
Headshot
sonam_tobgye.jpg
Profile

At the time of this interview, Lyonpo Sonam Tobgye was chief justice of the High Court of Bhutan, a position he had held since 1991.  He was appointed chief justice of the Supreme Court in December 2009.  Tobgye oversaw the drafting of Bhutan’s first constitution and a number of judicial reforms.  From 1986 to 1991, he simultaneously held the positions of auditor general of the Royal Audit Authority and secretary of the Royal Civil Service Commission.  During that time he implemented a number of civil service reforms and drafted the rules and regulations for both the civil service and the Royal Audit Authority.  Prior to those appointments, Tobgye served as a judge on the High Court.  In 2001 he received the Medaille d’Honeur from the Court de Cassation of France for his contribution to the cause of justice in Bhutan.

Full Audio File Location
Full Audio File Size
67MB
Full Audio Title
Chief Justice Lyonpo Sonam Tobgye Interview

Roelf Meyer

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N
Ref Batch Number
8
Country of Reform
South Africa
Interviewers
Itumeleng Makgetla
Name
Roelf Meyer
Interviewee's Position
Chairman
Interviewee's Organization
Civil Society Initiative, South Africa
Language
English
Nationality of Interviewee
South African
Town/City
Johannesburg
Country
South Africa
Date of Interview
Reform Profile
No
Keywords
service delivery
traditional leaders
government transition
constitution drafting
Elections
Abstract
Roelf Meyer discusses his role in the negotiations that transitioned South Africa to post-apartheid governance. He focuses on the process of negotiating the Government of National Unity and drafting the interim and final post-apartheid constitutions. He discusses how all parties involved dealt with existing national and provincial government structures in the transition and the difficulty of dealing with the disparity of wealth and resources between the provinces. Meyer explains how traditional leaders were incorporated peacefully into the new democratic system and touches on the difficulty dealing with so many negotiating parties, each with different goals and interests. He briefly describes holding South Africa’s first post-apartheid elections. Finally, Meyer discusses the mistakes he believes they made in the negotiation process and the problems that South Africa is still facing today.
 
Transcript
Roelf_Meyer.pdf
Roelf_Meyer.txt
Headshot
Roelf_Meyer.jpg
Profile
Rolf Meyer entered South African politics in 1979 as a member of the National Party. In 1986 he was appointed deputy minister of police, and he later served as minister of defense. Meyer became the South African minister of constitutional affairs and of communication in 1992, placing him in a key position for the National Party in the negotiations that facilitated the transition from apartheid in South Africa. Meyer and his ANC counterpart, Cyril Ramaphosa, are largely credited with successfully putting the negotiations back on track after a series of failures. After the 1994 elections, Meyer was appointed minister of constitutional development and provincial affairs. In 1996, he resigned from that position to become secretary-general of the National Party, a position that he held until 1997, when he joined the United Democratic Movement and served as deputy president of the party until 2000. He retired from politics in 2000 and at the time of the interview he was a businessman, as well as chairman of the Civil Society Initiative of South Africa and director of FeverTree Consulting.
Full Audio File Location
Full Audio File Size
62MB
Full Audio Title
Roelf Meyer Interview

Mangosuthu Buthelezi

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O
Ref Batch Number
3
Country of Reform
South Africa
Interviewers
Daniel Scher
Name
Mangosuthu Buthelezi
Interviewee's Position
MP and Leader
Interviewee's Organization
Inkatha Freedom Party
Language
English
Nationality of Interviewee
South African
Town/City
Cape Town
Country
South Africa
Date of Interview
Reform Profile
No
Keywords
constitution drafting
decentralization
election security
Election Violence
political parties
vote counting
voter fraud
Abstract

Mangosuthu Buthelezi, describes his role as a political party leader in apartheid and post-apartheid South Africa. As leader of the Inkatha Freedom Party (IFP) in apartheid South Africa, he opposed creation of his home region as an independent “homeland.” His goal was to attempt reform from within by remaining within the Union of South Africa. He opposed the imposition of sanctions by the international community and the armed struggle espoused by the African National Congress. He and his party at first refused to take part in elections after the apartheid regime relinquished power, but then agreed to participate in the elections, in government, and in drafting the constitution. He was and remains a staunch advocate of a federal system of government with significant provincial autonomy. He describes his reasons, and provides examples of actions he took as a leader in Kwazulu-Natal.    

Case Study:  Managing Spoilers at the Bargaining Table: Inkatha and the Talks to End Apartheid, 1990-1994

Transcript
mangosuthu_buthelezi.pdf
mangosuthu_buthelezi.txt
Headshot
mangosuthu_buthelezi.jpg
Profile

At the time of this interview, Mangosuthu Buthelezi had been a member of parliament from the Inkatha Freedom Party (IFP) since 1994. Following the elections after the apartheid regime relinquished power, Buthelezi served as minister of affairs and, during President Mandela’s absence, as acting president of South Africa. A member of the Zulu royal family, he became involved in liberation politics after his studies at Fort Hare University in 1950. He returned home in 1953 to assume chieftainship of the Buthelezi clan. As traditional prime minister of the Zulu nation, Buthelezi also holds the title Undunankulu Ka Zulu. He was named chief executive officer of the Kwazulu Territorial Authority in 1970. He organized the IFP in 1975 with support of the African National Congress (ANC). In 2004, President Mbeki offered Buthelezi the Deputy Presidency. Because this meant the IFP would lose its political position in Kwazulu-Natal, Buthelesze refused and the IFP left the unity government.

Full Audio File Location
Full Audio File Size
39 MB
Full Audio Title
Mangosuthu Buthelezi - Full Interview