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4.8 National Conferences

4.8.1 Introduction

Constituent assemblies were a common mechanism during the post-World War Two "decolonization decades" to bring politicians and constitutional experts together to write a new constitution for an independent nation. India's independence Con-stitution, for example, was the result of three years of discussion and debate at a constituent assembly comprising eminent jurists, lawyers, academics and politicians. In other cases, such as Papua New Guinea, the elected parliament from the colonial era reconvened itself as a constituent assembly in 1975 to debate and then formally adopt a constitution. Other attempts have been less successful, such as the use of constituent assemblies to reach consensus on key political conflicts in Sri Lanka (1972) or to prepare an independence Constitution in Pakistan (1947-1954).

During the 1990s, however, there has been a new trend towards utilizing large national conferences, not as a means of decolonization but as a mechanism for political transition to democracy. The distinctive features of such national assemblies are that they typically include wide representation from civil society; are able to act with considerable autonomy from governments; and have proved particularly useful in forging an internal consensus on democratization and transition from conflict. This type of national assembly was widely used in Francophone Africa in the early 1990s as a means of harnessing pro-democracy forces. It has proven to be a key mechanism in promoting democratic transition and in effecting substantive political change (see Case Study National Conferences in Francophone Africa).

4.8.2 What is a national conference?

National conferences are designed typically to fulfil two goals: first, to address the demands for political liberalization, by being inclusive and highly visible, especially to the international community; and second, to achieve gradual, "managed" transition, often with the incumbent leadership believing that it can maintain control over the process.

A national conference (or national debate, as it is referred to in some countries) is a public forum, held over an extended period, at which representatives from key political and civic groups are invited to discuss and develop a plan for the country's political future, preferably on a consensus basis. By convening a national conference, the central government allows other political groups to participate in a decision-making process, while still maintaining its own authority and control. In agreeing to hold and participate in a national conference the central government is not guaranteeing political freedom or the sharing of power with other political factions; rather it is agreeing to conduct a nationwide political dialogue and ideally, to jointly plan steps toward increased political representation and liberalization.

National conferences are designed typically to fulfil two goals: first, to address the demands for political liberalization, by being inclusive and highly visible, especially to the international community; and second, to achieve gradual, "managed" transition, often with the incumbent leadership believing that it can maintain control over the process. In many African countries, for example, national conferences opened up previously one-party systems by bringing together different actors to address the country's political problems, formulated new constitutional rules, and established electoral timetables. Some national conferences even achieved peaceful alternations in power. In this way they can be seen as an indigenously generated African contribution to political institution building and regime transition.

National conferences in Africa were usually "one-off" assemblies representing a wide range of individuals and corporate interests. They lasted from a few days to several months; contained several hundred to several thousand delegates (i.e., 500 in Benin, 1,200 in Congo, 4,000 in Zaire); and were often chaired by a nominally neutral church leader. Occurring in 12 African countries between 1990 and 1993, national conferences were largely a Francophone phenomenon (Benin, Chad, Comoros, Congo, Gabon, Mali, Niger, Togo and Zaire) although similar bodies were also convened in Ethiopia in July 1991, in South Africa in December 1991, and in Guinea-Bissau in 1992. Some attempts were also made in Burkina Faso, Cameroon, Central African Republic, and Guinea. In Côte d'Ivoire and Senegal the national conference idea hardly took root, and multi-party elections only confirmed the old regimes in power. In the late 1990s, there has been a resurgence of calls for national conferences to build consensus on reforming state structures, initiating transitions to democracy and resolving deep-rooted conflicts, such as in Kenya in 1997 and in Nigeria after the death of Abacha in June 1998. The case study that follows elaborates on the use and results of national conferences in five Francophone countries.

4.8.3 Objectives of a national conference

Prevent conflict. Initially, the objective of a national conference may be simply to prevent conflict by motivating political opposition groups to postpone violence while testing the government's actual commitment to peaceful political change.

Build national consensus on a country's political future. A fundamental objective of a national conference is to provide an opportunity for representatives of all sides to discuss, plan, and reach a maximum level of consensus on a country's political future, hence addressing potential and actual political crises. National conferences can be seen as democratic conflict management tools designed to negotiate democratic transitions by establishing new rules and institutions. A national conference or national debate also may be interpreted as a preliminary move toward limited democracy, in that it lays the foundation for crafting more inclusive institutions and democratic mechanisms, legalizing multipartism, drafting a new constitution and electoral system, achieving peaceful alternation of power, and setting a timetable for democratic transition.

Bolster citizen's support for state institutions. A government may initiate or agree to participate in a national conference to bolster its own legitimacy and popular support by creating a more inclusive political climate, thereby reducing internal destabilizing factors. As a result of a national conference, the government may direct state institutions to be more representative and inclusive, in the hope that an increased perception of inclusiveness will in turn bolster citizens' support for state institutions. Non-government political groups participate in a national conference in the hope of increasing the government's accountability and expanding popular participation in the government.

"Level the playing-field". In certain instances, a national conference may be agreed to by parties in conflict when there is a clear recognition or acknowledgement that the government in power is no longer in a position to maintain the status quo; and because of a demand by the opposition parties that the government alone cannot deliver a solution to the conflict. In such a case, an all-party national conference is often the first step on the road to substantive negotiations. This process may be disempowering for the government, as a common precondition for such a conference is that all parties are regarded as equal in status. The key objective is to "level the playing-field" between the parties during the negotiations, with the ultimate aim being to forge a national consensus.

Governments often show resistance to a national conference because of this "equal status" dilemma, as it often has the effect of lowering their own status and according real status to parties that previously they may have regarded as enemies and "terrorists". One way to address this obstacle is to structure the conference so that "nothing is agreed until everything is agreed". This can mean that the government does not feel that it loses its power when the process begins, but only if an ultimate agreement is reached which is acceptable to it. In many ways, it is critical that the negotiations simply commence, as that, in itself, may be the start of the process of dealing with perceptions and focusing on the real issues, both important objectives.

4.8.4 Implementation

Prerequisites. Prior to a national conference, multipartism, especially the legalization of opposition parties, must be allowed. Freedom of association, speech and assembly must be guaranteed. In addition, the media must be involved to monitor and report on the events.

Organizers. While governments generally take the initiative in convening a national conference, internal and external pressures often have a significant influence. A foreign third party and/or domestic political pressure may play a role in convincing the government to hold a conference. A national conference can be organized by a committee consisting of members of various political groups, including opposition groups, as well as government members and the international community.

Participants. Without the participation of members of the existing central government, a national conference would have little significance. To maximize the impact of the conference, participants must include representatives of the key social, religious, professional, and political interest groups who wish to participate in the process. All possible participants should be invited to endorse the results of the conference, within limits of reason.

The presence of international observers may be helpful in assuring the process and results of the conference. Other participants may include academics, local government personnel, representatives from non-governmental organizations, human rights organizations, women's associations, trade unions and religious authorities, peasant groups and students, and aid donors.

Activities. Organizers of a national conference must agree on and draft an agenda, clarify the issues to be discussed, and convey the goals of the conference to all the participants. Depending on the outcome of the conference, it may be necessary for parties to agree on additional issues as well as on the implementation of the conference agreement, if any is reached. In such a situation, a follow-up or "implementation group" consisting of key parties, and perhaps members of the international community, should be formed and given the appropriate responsibility to ensure that progress made at the conference is consolidated and translated into action.

Cost considerations. Costs, such as preparation, transportation, and accommodation for the conference participants, may be prohibitive. The primary cost of the conference should always, if possible, be borne by the country itself. However, foreign financial assistance may often be necessary to organize a national conference and to help support its follow-up functions. Conference requirements include technical assistance and logistical support.

Set-up time. Several months are generally needed to plan and organize a conference. National conferences can be held over a long period (several months) or a short duration (from several days to a few weeks). The comparative experience ranges widely: Benin (convened in February 1990 and lasted nine days), Congo (February 1991, three months), Togo (July 1991, one month), Mali (July 1991, 15 days), Niger (July 1991, 40 days), Zaire (August 1991, over a year, with interruptions), South Africa (December 1991, two years with interruptions), and Chad (January 1993, 11 weeks).

Timeframe. A national conference's ability to design sustainable institutional structures and mechanisms for conflict management is key. The impact of a national conference may be sustained if the conference is successfully used to develop a broad consensus on the country's "rules of the game" and political future, and if genuine follow-on actions are initiated. Adherence to the rules and mechanisms agreed upon largely depend on the political commitment of the parties and the underlying balance of power.

Limitations on government. Another consideration is the limitations placed on the powers of the government during the course of the conference. This may involve transitional arrangements aimed at ensuring that no action is undertaken that may affect the position of the parties or of the country. For example, the army may be confined to barracks, there may be a cease-fire agreement, or there may be a commitment to address key national issues such as education or economic policy jointly.

4.8.5 Impact

A national conference can have a different impact depending on the situation it seeks to redress: by initiating political dialogue, it can ease mounting tensions; as a conflict resolution mechanism, it can provide a framework for agreeing on the country's political institutions and rules through a negotiated democratic transition; and as a conflict prevention forum, it can create the rules and institutions for a stable democratic regime.

An announcement to organize a national conference can have a short-term effect on preventing conflict by groups previously involved in or planning political violence. These groups may adopt a wait-and-see attitude, and divert their efforts toward preparation for the conference. However, if no actual, substantive political changes result, such groups may return to violence with even greater zeal and additional disillusioned groups may choose to join them.

National conferences resulted in changes in government in Benin, Congo and Niger; and exerted significant political pressure on incumbent rulers in Zaire and Togo. In many instances, national conferences laid the ground work for competitive founding elections (Benin, Congo, Gabon, Mali, Niger and South Africa). The comparative experience suggests the following lessons:

• A national conference can be a useful democratic conflict management tool, as it is both inclusive and participatory, and initiates political dialogue to ease political crises;

• National conferences can have a significant impact on governance, on the political system, and even on forming a new political culture based on negotiation and compromise, by persuading groups to participate more actively in the political decision-making process;

• As a conflict resolution mechanism, a national conference can have a decisive influence on negotiating democratic transitions from authoritarian rule to democratic pluralism. It can provide a framework for achieving a peaceful alternation in power, drafting a new constitution, designing a new electoral system and setting a democratic timetable;

• A national conference can have a significant impact on promoting democracy. However, to sustain the political results of national conferences, the public must continue to pressure the government to continue with democratic political development;

• Through a national conference, political groups and representatives from various sectors can negotiate a plan for the country's political future;

• A national conference may help state authorities gain greater popular support and legitimacy, and instil greater public confidence in the government. A national conference may lay the groundwork for establishing a transitional government and relatively open elections. An incumbent government may also gain greater legitimacy by actively participating in discussions on economic development, power-sharing arrangements, human rights, country management, etc;

• Conference participants, representing a country's diverse political groups, can set guidelines for formulating new political institutions, such as a legislature and an electoral system, that could contribute to easing tensions among various groups in the country. The result of a national conference may be government agreement to direct state institutions to be more representative and inclusive. Such agreements may be made in the hope that the increased perception of inclusiveness would in turn bolster citizens' support for state institutions;

• A national conference can help establish stable civilian governance and control and, at least in the short term, reduce the attraction of resorting to armed opposition for achieving political change.

ORGANIZING A NATIONAL CONFERENCE

National Conference: A national conference is a public forum at which representatives from key political and civic groups are invited to discuss and develop a plan for the country's political future, preferably on a consensus basis. National conferences are designed typically to fulfil two goals: first, to address the demands for political liberalization; and second, to achieve gradual, "pacted" or "managed" transition, often with the incumbent leadership believing that it can maintain control over the process.

IMPLEMENTATION

Sequence of Events: Conferees acquire some degree of law-making authority; Existing constitutions are revised, legislatures suspended or reformed, and transitional governments established (in other words, a form of regime transition by peaceful means); Incumbent presidents are required to work with transitional governments or to surrender significant powers; Conference participants draft a new constitution, or establish an independent commission to do so, and submit it to a referendum; Free elections are held. Prerequisites: Multipartism, especially legalization of opposition parties; Freedom of association, speech and assembly; Media involvement to monitor and report on events. Organizers: Governments usually, often influenced by foreign third party and/or domestic political pressure; A committee, consisting of representatives of government, other political groups and the international community can organize national conferences. Participants: Members of existing central government; Representatives of key social, religious, professional, and political interest groups; Other participants can include academics, local government personnel, NGOs, human rights organizations, women's organizations, trade unions, students, and aid donors; International observers. Activities: Draft an agenda; clarify issues to be discussed; convey conference goals to all participants; Depending on outcome, organize "implementation group" to ensure follow-up. Cost Considerations: Primary cost of conference organization (preparation, transportation, accommodation, etc.) should be borne by the country itself, if possible; Additional foreign financial assistance may be needed for organization and follow-up. Set-Up Time: Usually several months are needed to organize; Conference can last between several days and several months (Benin lasted nine days; Congo, three months; South Africa, two years with interruptions).

ADVANTAGES OF A NATIONAL CONFERENCE

Initiates new political dialogue: Initiates political dialogue that is both inclusive and participatory, to ease crises; Can help develop a new political culture by persuading groups to participate more actively in the political decision-making process and by emphasizing compromise and negotiation. Conflict management mechanism: Can negotiate democratic transitions from authoritarian rule to democratic pluralism; Can provide a framework for achieving a peaceful alternation in power by drafting a new constitution, designing a new electoral system, and establishing a democratic timetable. Conflict prevention forum: Can help state authorities gain greater popular support and legitimacy, and instil greater public confidence in the government. Conference participants, representing a country's diverse political groups, can set guidelines for formulating new political institutions, such as a legislature and an electoral system, that could contribute to easing tensions among various groups in the country.

REFERENCES AND FURTHER READING

Baker, Bruce. 1998. "The Class of 1990: How Have the Autocratic Leaders of Sub-Saharan Africa Fared under Democratisation?", Third World Quarterly, vol. 19, no. 1. pp. 115-127.

Boulaga, Eboussi. 1993. Les Conférences Nationales en Afrique Noire. Paris: Editions Karthala.

Bratton, Michael and Nicolas van de Walle. 1997. Democratic Experiment in Africa. Regime Transitions in Comparative Perspective. Cambridge: Cambridge University Press.

Clark, John F. 1994. "The National Conference as an Instrument of Democratization in Francophone Africa", Journal of Third World Studies, vol. XI, no. 1. pp. 304-335.

Monga, Célestin. 1994. "National Conferences in Francophone Africa: An Assessment". Paper presented to the Annual Conference of the School of Advanced International Studies, SAIS, African Studies Programme, Washington DC, 15 April 1994.

Robinson, Pearl. 1994. "The National Conference Phenomenon in Francophone Africa", Comparative Studies in Society and History, no. 36. pp. 575-610.

Wiseman, John. 1996. The New Struggle for Democracy in Africa. Aldershot: Avebury.