Netherlands Institute for Multiparty Democracy

Constitutional reform in NIMD programme countries

The exchange visit - initiated by the IEA/Ghana Political Party Programme and hosted by CMD-Kenya - featured speeches and in-depth discussions on constitution making processes in Africa.

The three co-chairs of the Zimbabwean Parliamentary Select Committee on Constitutional Reform and one expert on the Zambian constitutional reform process also contributed to the exchange.

The peer-to-peer nature of the programme provided a unique opportunity for politicians and other NIMD partners from different African countries to compare the content, outcome and inclusivity of their respective constitutional review and reform processes. They challenged each other by posing the question: why is constitutional reform necessary and what can we learn from each other?

A democratic contest of ideas

Participants engaged in a series of debates on various topics including the use and usefulness of referendums as a means of ensuring that a nation’s constitutional system derives its legitimacy through the people. Participants in fact had the chance to debate and exchange views on this subject with Kenya’s Constitutional Committee of Experts.

Representatives of Zimbabwe’s Parliamentary Select Committee on the country’s new constitution illustrated the importance of a dialogue between citizens to constitutional design with experiences in ensuring inclusivity and public outreach in Zimbabwe. Their reflections were further enriched by similar examples from Zambia where public regional debates are used to create public awareness of the content and progress of the constitution process.

In addition to the group debates, participants held private meetings with Kenya's Vice President Kalonzo Musyoka and Prime Minister Raila Odinga. Other notable speakers featured during the programme included Dr. Patrick Lumumba, former secretary of the CKRC and now Director of the Kenya Anti-Corruption Commission (KACC), Professor Yash pal Ghai and Atsango Chesoni, Vice-Chair of Kenya’s Committee of Experts (CoE).

Adversaries working together

Constitutional reform is a political process requiring adversaries to work together: a sometimes difficult but necessary democratic contest of ideas. Participants also agreed that while civil society should be involved as underwriters of the constitution making process, the commitment of the political leadership remains crucial.

Political parties have an important role in negotiating the rules of the game, including the timing, process, and content of the constitutional debate. As one of the delegation members remarked: "Those involved in the reform process should look out for the next generation, not the next election". The delegation members embraced the idea that while a constitution cannot resolve all contentious issues, it's a good step in the right direction.

This truly regional exchange visit contributed and added further momentum to the constitutional reform debate in NIMD programme countries such as Zimbabwe, Ghana and Kenya, and gave all participants the opportunity to become strategic players in their ongoing constitutional reform processes.

Spotlight on Ghana

In January 2010, Ghana’s Constitutional Review Commission (CRC) was put in place to consider some of the democratic loopholes in the current constitution, which has been in use for more than fifteen years. The exercise revolves around six principles which are expected to guide the Committee’s work and lead towards a revised, commonly agreed new constitution in 2012.

The recent endorsement of these principles by all political parties is considered a huge plus and helps facilitate the CRC’s work in Ghana. Following the exchange visit to Kenya, the Ghanaian political parties acknowledged this best practice and continued to build consensus on proposed amendments to the 1992 constitution. Their common position, as expressed in a joint communique, is another positive step towards a strong and vibrant democratic future for Africa.