constitutions

A Year of Calm: Tunisia's Independent Government, 2014–2015

Author
Robert Joyce
Country of Reform
Abstract

In August 2013, two and a half years after a citizen uprising ousted a long-ruling dictator, Tunisia was at a tipping point. Following the assassination of a secularist politician—the second such killing that year—opposition parties demanded the dissolution of the National Constituent Assembly and the resignation of the interim government, a coalition led by the Islamist Ennahda party. Work on a new constitution stopped amid dueling street protests between the two blocs. In October, four civil society organizations intervened and mediated political talks between the two sides. Under the terms of the resulting deal, the assembly agreed to resume its work and to appoint a new prime minister to run the government. They chose a compromise candidate, Mehdi Jomaa, an incumbent minister of industry with proven managerial experience and no known political allegiances. Jomaa and his cabinet of businesspeople, civil servants, professors, and judges led the country to peaceful, credible elections in October 2014. His government walked a narrow line as it tried to lead government operations without an electoral mandate and to bridge the interests of the civil society mediators, Ennahda, and the secular parties. By the time he left power, Jomaa was one of the country’s most popular leaders, and in 2015 the civil society leaders who had mediated the political talks won the Nobel Peace Prize for their role in crafting Tunisia’s distinctive effort to navigate tensions and avoid political violence.

Robert Joyce drafted this case based on interviews conducted in Tunis, Tunisia, in February 2016. Case published in March 2016.

Making Power Sharing Work: Kenya’s Grand Coalition Cabinet, 2008–2013

Author
Leon Schreiber
Country of Reform
Abstract

Following Kenya’s disputed 2007 presidential election, fighting broke out between supporters of incumbent president Mwai Kibaki and opposition leader Raila Odinga. Triggered by the announcement that Kibaki had retained the presidency, the violence ultimately claimed more than 1,200 lives and displaced 350,000 people. A February 2008 power-sharing agreement between the two leaders helped restore order, but finding a way to govern together in a new unity cabinet posed a daunting challenge. Under the terms negotiated, the country would have both a president and a prime minister until either the dissolution of parliament, a formal withdrawal by either party from the agreement, or the passage of a referendum on a new constitution. The agreement further stipulated that each party would have half the ministerial portfolios. Leaders from the cabinet secretariat and the new prime minister’s office worked to forge policy consensus, coordinate, and encourage ministries to focus on implementation. The leaders introduced a new interagency committee system, teamed ministers of one party with deputy ministers from the other, clarified practices for preparing policy documents, and introduced performance contracts. Independent monitoring, an internationally mediated dialogue to help resolve disputes, and avenues for back- channel communication encouraged compromise between the two sides and eased tensions when discord threatened to derail the work of the executive. Despite the odds firmly stacked against it, Kenya’s Grand Coalition cabinet was largely able to govern according to a unified policy agenda. As a result, the coalition managed to implement some of the important reforms stipulated under the power-sharing deal, including the adoption of a new constitution. However, the level of political corruption remained high.

 

Leon Schreiber drafted this case based on interviews conducted in Nairobi, Kenya in September 2015. Case published March 2016.

This series highlights the governance challenges inherent in power sharing arrangements, profiles adaptations that eased these challenges, and offers ideas about adaptations.

Escaping Political Deadlock: Nepal’s Caretaker Cabinet 2013–2014

Author
Leon Schreiber
Country of Reform
Abstract

In early 2013, six years after the end of a devastating civil war that claimed 17,000 lives and displaced an estimated 100,000 people, the Himalayan nation of Nepal faced the prospect of renewed violence. A 2006 peace accord between an insurgent Maoist political movement and traditional political parties called for ending Nepal’s 239-year-old monarchy and creating a new democratic system. But disputes over power sharing led to the failure of four successive coalition governments and slowed the effort to negotiate and enact a new constitution. In May 2012, the deadlock resulted in the dissolution of the elected legislature, which had also been serving as a constituent assembly. It was crucial to hold fresh elections. But when political parties were unable to agree on the formation of a coalition government for steering the country toward that goal, leaders of the four main political blocs, including the Maoists, agreed to set up a caretaker government under Khil Raj Regmi, the sitting chief justice of the Supreme Court and head of the country’s judiciary. Regmi and his team of technocratic ministers strengthened cabinet decision-making procedures, agreed on a shared governance agenda, and worked closely with both the election commission of Nepal and political parties to plan elections for a new constituent assembly. Despite concerns about having the same person in charge of both the executive and judicial branches at the same time, the caretaker cabinet succeeded in holding credible elections that put Nepal back on track toward a new constitution.

Leon Schreiber drafted this case study based on interviews conducted in Kathmandu, Nepal, in February 2016.

This series focuses on cabinet management in unity governments. It profiles challenges and offers ideas for improving effectiveness. The cases provide food for thought only. Most are mixed successes and present significant unresolved problems.