Constitution Writing & Conflict Resolution
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Sierra Leone 1991

The government of Sierra Leone adopted the 1991 constitution in response to mounting internal and external pressure for a multi-party system. An alliance of teachers, students, workers and professionals called for a liberalized political system as socioeconomic conditions worsened. Likewise, IMF conditionality coupled with the transition of Eastern European countries to multi-party systems intensified the pressure for reform.

On October 1, 1990, President Joseph Momoh formed a 35-member National Constitutional Review Commission (NCRC) to review the 1978 constitution. The NCRC recommended that the country shift to a multi-party system.  Before drafting a constitution to affirm this, the NCRC designated a four month period for soliciting public comments on the reform through a series of open hearings in provincial headquarters and opportunities to submit correspondence. Members of the diaspora were allowed to participate in this process. On March 23, 1991, violence erupted as the Liberian-based group of Sierra Leonean nationals, the National Provisional Ruling Council (NPRC), launched a border war with the ruling All People’s Ruling Congress (APC).

The NCRC submitted a draft constitution to the House of Representatives on June 4, 1991. The NCRC did not solicit public comments on the draft. In accordance with the 1978 constitution, the government held a national referendum at the end of August for the public to accept or reject the new constitution. Press reports cite 75% of eligible voters participated in the referendum and voters approved the new constitution with an 80% margin. The 1978 constitution also required an executive endorsement for any new constitution to be officially adopted. President Momoh approved the new constitution on September 3, 1991, ending 13 years of one party rule by the APC. The constitution entered into force on October 1, 1991.

Elections were scheduled for October 1992. However, the 1991 constitution was suspended and political parties banned after a military coup overthrew the Momoh government in April 1992.

Note: Conflicting reports exist as to the number of voters who voted in the referendum as well as to the margin of adoption. Press reports state that 1.5 million voters supported referendum out of total of 2.5 million voters. This was picked up by later sources as 60% support. However, that implies an electorate of 3.3 million, significantly larger than in either 1978 or 2001, and would imply that the referendum did not meet the requirements of the previous constitution.  It is possible that the report should be interpreted as 1.5 million yes votes from 2.5 million eligible to vote. With a 75% turnout, this implies the actual margin was 80%.

 

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