Constitution Writing & Conflict Resolution
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Togo 1992

In early 1990, President Eyadema asserted that people wanted a single party state. In reaction, lawyers demonstrated in the capital on October 5 and there were demonstrations and a strike protesting the trial of two who were accused of handing out anti-regime leaflets. In response, Eyadema, half-way through serving his third consecutive seven-year term, set up a constitutional commission to develop a text that would move the country to multi-party rule after certain standards were met which he presumed he could control. The commission produced a draft of a constitution. The commission was boycotted by opposition leaders who wanted a national conference to facilitate democratic change in Togo, similar to one held in Benin. Members of the Diaspora joined in the demonstrations and general strikes. The president, concerned that essential economic aid from bilateral international donors and the World Bank might weaken if protests grew, agreed to a national conference after opposition and government leaders signed an agreement that the conference would keep Eyadema in power during a transition period. An interim constitution detailed the powers of the transitional government and gave it the authority to draft a constitution. The National Conference set up a transitional government in the capital city. The 962 members of the conference were appointed from all political parties, major economic groups, the Diaspora, local officials and religious leaders. Women were not included, nor was the military, an ethnically exclusive army controlled by the president. A bishop chaired the discussions. Although National Conference sessions were broadcast originally on radio and television, broadcasts were discontinued when Eyadema saw that the tenor of the discussion threatened his control. The army seized the radio stations and surrounded government buildings. In response, the National Conference froze the assets of the ruling party, threatened to prosecute members of the Eyadema government, and required visas for government leaders who wanted to leave the country.

The National Conference appointed the Haut Conseil de la Republique (HCR} a 78-member transitional assembly. Soldiers attempted to dissolve the HCR in the fall of l99l without success. In November 1991, the HCR set up a constitutional commission to prepare a draft. Meetings and negotiations were in secret although there were informal discussions with political parties and groups. The original version of the draft was promulgated on July 20, 1992 and published in the Journal Officiel. A Joint Consultative Commission met between July 28 and August 26, 1992 to mediate differences between the ruling party, the president, and the opposition parties. By the end of the session, major compromises changed the draft, such as a compromise that enabled the incumbent to run for President and prevented the Prime Minister from contending. With international observers attending, popular vote ratified the new constitution on September 17, 1992 by 98.11% of those voting. It took effect 21/2 weeks later.

Notes: HRC delegates could run in the next election, however, it was uncertain when elections would be called. The uncertainty caused people to campaign continuously.

 

 

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