Programme

Day One: 30 March 2009, Monday

Arrival and registration

Welcome Dinner

Keynote Speaker: Nicholas “Fink” Haysom

“Challenges of constitutional implementation: An implementer’s experience and advice for future drafters of a constitution”

How are specific constitutional provisions handled and implemented in praxis? Which provisions, generally, are facing the biggest challenges? Why are some of them not operating as envisaged? And, if one could turn back the clock, what would the drafter of a constitution alter retrospectively to avoid such a situation?

Opening Remarks Edward Shalala, Head of Design of Democratic Institutions and

Processes, International IDEA

Winluck Wahiu, Project Manager, Constitution Building Processes, International IDEA

Session 1 

Struggling with realities / Anticipating the challenges: From a negotiated, bargained agreement to a constitutional document and its implementation

Chair Panelists

Winluck Wahiu

Christina Murray, Hassen Ebrahim

“The implementer’s struggle with overly ambitious constitutional norms and advice for future constitutional drafters”

Radheshyam Adhikari Ekuru Aukot “The implementer’s struggle with overly integrative and participatory constitutional norms and advice for future constitutional drafters”

A considerable revision of an existing constitution or the drafting of a new one might be the result of a previous political agreement or even a peace agreement. As a consequence, many constitutions reflect a compromise reached through extensive bargaining. Often the results are overly ambitious and/or integrative and participatory norms. At the stage of implementation, clear guidance is missing and implementers realize that divergences have been postponed rather than resolved.

Other provisions, especially in post-conflict scenarios, have been incremental to reach any agreement at all, but are hampering decision making processes in daily constitutional live. Although peace had been reached in the first place, maintaining peace through well functioning constitutional processes remains a challenge.

Designing for implementation

Chair Panelists

Edward Shalala Zaid Al-Ali: “Transitional contexts”

Rohan Edrisinha: “Tension with embedded cultural norms and practices”

Anthony Regan: “Devices to support constitutional implementation such as civil society”

Specific issues might promote constitutional implementation if drafted carefully but also have a high potential for hampering the implementation processes. The experiences shared by the presenters might also include advice to future constitutional drafters on what should be considered.

Lunch break

Challenges of Implementation

Chair: Panelists

Cheryl Saunders Nicole Töpperwien: “Pitfalls in the constitutional text”

Fredrick Ssempebwa (TBC): “Constitutional checks and balances”

Amos Sawyer: “Special constitutional commissions in oversight functions”

Specific issues might promote constitutional implementation if drafted carefully but also have a high potential for hampering the implementation processes. The experiences shared by the presenters might also include advice to future constitutional drafters on what should be considered.

Tea break

Session 4 Considering and integrating international agreements

Chair  Winluck Wahiu 

Panelists  Ibrahima Kane: “Experiences in Africa”

Sakuntala Kadirgamar-Rajasingham: “Experiences in Asia-Pacific”

Torquato Jardim: “Experiences in Latin America”

In this session, two perspectives are highlighted by the presenters. First, in how far international agreements ratified by a respective state in the region have become part of the constitution (e.g. providing them with a specific constitutional status, incorporated in the constitution) or having considered international agreements a framework in which the constitutional drafting process has to take place. Second, how to implement constitutional provisions and at the same time also take into account existing international agreements.

Dinner at Relais Gourmand (Hotel)

Implementation in divided societies

Chair  Paulos Tesfagiorgis 

Panelists  Hassen Ebrahim: “Ethnic power sharing”

Cheryl Saunders: “Implementing self determination” 

Renata Segura: “Balancing historic entitlements and

existing structures”

Especially in divided societies, the implementation of pertinent constitutional provisions with integrative / consociation elements is paramount. The experiences shared by the presenters might also include advice to future constitutional drafters on what should be considered.

What should practitioners look for at an early stage? / What should practitioners be aware of at an early stage?

Chair:  Markus Böckenförde

Experiences from Nepal, Kenya Experiences from Sudan, Iraq Experiences from Latin America

Knowledge resources Key messages Feedback and recommendations

Closing sessions