Constitution Writing & Conflict Resolution
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Malawi 1995

In 1988, food shortages and an inflow of more than 400,000 refugees from the war in neighboring Mozambique triggered a crisis in Malawi. Protests mounted steadily against the single party government of Hastings Banda, who had governed the country since its independence in 1961 and had himself declared president for life in 1971. Two violent labor strikes in 1992 led to 35 deaths. Religious leaders circulated a Pastoral Letter that helped spark a constitutional reform movement. To further pressure Banda to institute democratic reforms, the US, Great Britain and Germany cut off most of the $500 million in aid the country had been receiving. Banda's government thereupon entered into discussions with organized political groups. This produced an agreement to hold a referendum. In a referendum on June 1993, Malawans voted two to one to institute a multiparty system. A timeline was set up for constitutional reform. After the referendum and political parties had been legalized, each party could select seven of its members to sit on a National Consultative Council to draft a new constitution. In addition to the political parties, representatives of social groups, major identity groups, and the armed forces sat on the Council, which included women as well. From February 21-24, 1994, the National Consultative Council worked on the draft of a new constitution. The discussions were broadcast on the radio and listeners were able to call in comments. One party walked out during the debates. The draft produced by the Council served as an interim constitution. On May 17, 1994 in an election considered by outside observers to be fair and peaceful, voters elected Bakili Muluzi as President. He took office on May 21, 1994. A National Assembly of 193 representatives elected for five-year terms was constituted. The Assembly ratified the constitution on May 17, 1995 and it went into effect on the following day.

In an election in June 19990, Muluzi was reelected president. Elections to the National Assembly were held at the same time.

 

 

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