Working paper Vol. 12 JULY 2020 Cofinanciado por el programa Erasmus+ de la Unión Europea DELIBERATION IN THE PROCESS OF CONSTITUTIONAL REFORM: CUBA IN COMPARATIVE CONTEXT Yanina Welp, Albert Hirschman Centre on Democracy, Graduate Institute yanina.welp@graduateinstitute.ch ABSTRACT This work analyses the Cuban constituent participatory process by confronting it with 10 experiences of other Latin American cases identified since 1976. In doing so, I propose a set of basic criteria to be met in order for these participatory experiences to be deemed fair and democratic, with a focus on the mechanism of participation and the method of processing the contents generated. 1. INTRODUCTION According to official data, for a period of 12 weeks between 1 August and 15 November 2018, more than seven million Cubans inside and outside the island met to discuss a constitutional pro- posal, the draft of which had been prepared by a Commission appointed by the National Assembly of the Popular Power (Asamblea Nacional del Poder Popular, 1987; Agencia Cubana de Noticias, 2018). While this is the official information, alternative media and consultations with representatives of Cuban civil society confirm that the process effectively reached massive participation, although they stress that the context was not one of free deliberation, but was tightly controlled from above (Domínguez et al., 2020). On 22 December, five weeks after the end of this participatory process, the National Assembly approved the final text, which was then eventually ratified in a referendum on 24 February, 2019. With 90 per cent participation, 87 per cent voted in favour of the new consti- tution (Asamblea Nacional del Poder Popular, 2019). “I would like to thank Laurence Whitehead and Bert Hoffmann for very useful comments that improved this article.” Documento preparado para el semina- rio sobre “Cooperación para la reforma SÍGUENOS EN www.foroeuropacuba.org institucional y las políticas sociales” Coordinado por FORO EUROPA~CUBA WORKING PAPER Vol. 12. JULY 2020 Considering that the Cuban electoral roll is close to eight million, such participation can be de- scribed as being of a scale rarely seen in other parts of the world (in fact, there are no records of anything similar anywhere). It could reinforce the typical trend to consider Cuba as an exceptional case. From a regional perspective, the cases of citizen participation in constituent processes that have been most studied and cited in recent decades, which are part of the new ‘Latin American con- stitutionalism,’ did not engage such numbers of participants. In Colombia (1991), Venezuela (1999), Ecuador (2007) or Bolivia (2006–2009), the number of participants did not even reach a quarter of the population, let alone half.1 Even though it is notable in some cases such as Ecuador in 2008 (see Ortíz Lemos, 2013) it is far from the case observed in Cuba. For some scholars, this would be a true test of the validity of the old-fashioned democratic-centralism, with the people exercising a constituent power. For others, the government has never lost control and it would be just a new example of political manipulation. The current study aims to analyse the Cuban constituent participatory process by confronting it with the experience of other Latin American cases from 1976 until the present. In doing so, two dimensions are defined for the analysis. The first is the mechanism of participation: who is allowed to participate, for what, for how long and with which information. The second is the method of processing the content generated during the deliberations: Is there a method to classify or select amendments and suggestions? If yes, it is known in advance? Who is in charge of implementing it? Is it published and therefore possible to trace and identify changes? We assume that neglecting one of these two aspects leads to erroneous or incomplete conclusions, underestimating mobilisation and/or overestimating its incidence in the final text. For example, if the process of participation is open and plural but later on contents are selected by a commission controlled by the government, the results will not reflect ‘the will of the people’. If the process of amendment is transparent but only members close to the regime are allowed to participate, the result will also be biased. How was it in Cuba and how does Cuba fit into the regional experiences of participatory constitution-making? This paper proceeds as follows: the next section reviews the findings of previous research, show- ing the need to deepen the analysis of the mechanisms of deliberation and the procedures for including the content generated by participatory processes. Then the methodology and case selec- tion are presented. Next, the empirical analysis is performed. Finally, conclusions are drawn. 2. THE ROLE OF ‘THE PEOPLE’ ON THE CONSTITUTIONAL AGREEMENT The imaginary of modern constitutionalism is theoretically based on the founding role of the peo- ple expressed in a constitutional agreement (Negretto, 2018). This role of ‘the people’ is claimed not only by liberal democracies but also by the Soviet tradition of ‘democratic centralism’, which marked the theoretical development of concepts during the 20th century. In liberal democracies, direct par- ticipation was perceived as an expression of authoritarianism while indirect politics (that is, through representation), were considered more legitimate (Zaremberg and Welp, 2020). By the mid-twentieth century, there was a dichotomy between authoritarian participation and democratic representation. It began to break down in the 1970s while the promotion of citizen par- ticipation in the West became more popular after the fall of the Berlin Wall. Since then, diffusion or zeitgeist (spirit of the time) and various mechanisms of citizen participation and control have ex- panded throughout the world, considering complementing and enriching the relationship between participation and electoral representation as a form of democratic deepening. Thus, in recent de- cades, the limits between these two traditions have been blurred in terms of participatory process- es, and participation formats with similarities in the procedure have been observed.2 Citizens’ engagement in constitution-making was mainly promoted in contexts of conflict res- olution, decolonisation, and independence in which international organisations such as the United 1. See Welp (2018), Jiménez Martín (2006), Ortíz Lemos (2013), Garcia-Guadilla and Hurtado (2000), Maingon et al. (2010), Tanaka and Vera (2010). 2. Laurence Whitehead (2017) developed a clearer overview of “the ‘fiction’ of representation and the ‘faction’ of direct democ- racy”. 2 FORO EUROPA~CUBA WORKING PAPER Vol. 12. JULY 2020 Nations (UN), the United Nations Institute for Peace (USIP) or the Institute for Democracy and Electoral Assistance (International IDEA) have taken a position in favour of citizens’ participation (see Hart, 2003; Ghai, 2006; Gluck and Ballou, 2014). More recently, citizens’ engagement in con- stitution-making was also promoted in democratic contexts in which deep crisis would have led to a considerable decrease of legitimacy, such as Iceland in 2011. Guinsburg et al. (2009) pointed out that constitutions gain weight when they are developed in extraordinary contexts of popular mobilisation, which include extra-parliamentary processes of ratification and communication. Other studies have supported similar conclusions (Eisenstadt et al., 2017; Contiades and Fotiadou, 2016). However, the results of these processes in terms of increasing legitimacy and giving stability to the new regimes are not crystal clear. For instance, Parlett found evidence of constitutional systems in post-communist countries in Europe and Asia that have been established and endured without been backed by previous popular mobilisations, while many of those approved with that condition did not necessarily produce better constitutions in terms of limiting the concentration of power in the president (Parlett, 2012: 195–196). Such a discussion is beyond the goals of this article; here, the focus is on the criteria to be fulfilled by a process to be considered fair, competitive and democratic. Saati (2015) analysed constituent processes in post-conflict cases, concluding that there is not enough evidence on the positive effects of citizen participation. According to Saati, minimal and in- significant experiences have been overvalued, due to their promotion by international organisations, even when minimum requirements to guarantee citizens’ inclusiveness were not met. In Latin America, the ‘new constitutionalism’ has emphasised the participatory nature of the processes observed in the Andean region, especially in the analysis of Venezuela (1999), Ecuador (2007–2008), and Bolivia (2006–2009) (Viciano Pastor and Martínez Dalmau, 2011). However, par- ticipation has been overrated, not paying enough attention to the intrinsic characteristics of these processes and in particular to their (lack of) autonomy from the ruling governments, inclusiveness, and transparency of content processing. Other research has analysed the extent to which pluralism conditions the results of the constituent processes (Bejarano and Segura (2013), with particular fo- cus on the Colombian case). The latter provides one of the central elements for our proposal, which refers to the subjects that participate and to the supervision and coordination of the process. In our view, most studies have focused on case analysis, without paying
The European Suffrage Movement and Democracy in the European Community, 1948-1973
Journal of Contemporary European Research Volume 10, Issue 1 (2014) A Salutary Shock: The European Suffrage Movement and Democracy in the European Community, 1948-1973 Eric O’Connor University of Wisconsin-Madison Citation O’Connor, E. (2014). ‘A Salutary Shock: The European Suffrage Movement and Democracy in the European Community, 1948-1973’, Journal of Contemporary European Research. 10 (1), pp. 57-73. First published at: www.jcer.net Volume 10, Issue 1 (2014) jcer.net Eric O’Connor Abstract This article examines the experience of democratic participation during the European Community’s most undemocratic era, 1948-1973. An important segment of European activists, a suffrage movement of sorts, considered European-wide elections as the most effective technique of communicating European unity and establishing the EC’s democratic credentials. Going beyond strictly information dissemination, direct elections would engage citizens in ways pamphlets, protests, and petitions could not. Other political elites, however, preferred popular democracy in the form of national referendums, if at all. This article examines the origins and implications of incorporating the two democratic procedures (national referendums and direct elections) into the EC by the end of the 1970s. It also identifies a perceived deficit in democracy as a spectre that has haunted European activists since the first post-war European institutions of the late 1940s, a spectre that has always been closely related to an information deficit. Based on archival research across Western
The Right to Political Participation in International Law
The Right to Political Participation In International Law Gregory H. Fox I. INTRODUCTION ................................................ 540 I1. THE EMERGING INTERNATIONAL LAW OF PARTICIPATORY RIGHTS ................. 544 A. ParticipatoryRights Before 1948: The Reign of the State Sovereignty Approach ..... 544 B. The Nature and Scope of Post-War Treaty-Based ParticipatoryRights ........... 552 1. The InternationalCovenant on Civil and PoliticalRights ................ 553 a. Non-Discrimination .................................... 553 b. The Right to Take Part in Public Affairs........................ 555 c. Requirements Concerning Elections ........................... 555 2. The FirstProtocol to the European Convention on Human Rights ........... 560 a. Rights Concerning Elections ................................ 561 b. Non-Discrimination .................................... 563 3. The American Convention on Hwnan Rights ........................ 565 4. Other InternationalInstruments Guaranteeing ParticipatoryRights .......... 568 a. The African Charteron Hwnan and Peoples' Rights ................ 568 b. Council on Security and Co-operationin Europe Accords ............. 568 5. Summary of Treaty-Based Norms ................................ 570 II. INTERNATIONAL ELECTION MONITORING: THE ELABORATION AND ENFORCEMENT OF PARTICIPATORY RIGHTS ......................................... 570 A. Election Monitoring Priorto 1945 .................................. 571 B. Monitoring Under the United Nations System .......................... 572 1. The
The Use and Design of Referendums an International Idea Working Paper *
N. º 4, Segundo Semestre 2007 ISSN: 1659-2069 THE USE AND DESIGN OF REFERENDUMS AN INTERNATIONAL IDEA WORKING PAPER * Andrew Ellis ** a.ellis@idea.int Nota del Consejo Editorial Abstract: Introduces an International IDEA working paper on referendum and direct democracy as result of an investigation carried out in Europe and Latin America. It analyzes matters such as the use of direct democracy and its impact in representative democracy, as well as the adoption of the referendum mechanism, referenda types, matters of situations where a referendum can take place, participation thresholds, financial controls, the writing of the question to be consulted, etc.. Key words: Direct democracy / Referendum / Popular consultation / Plebiscite / Latin America / Democracy. Resumen: Presenta un ensayo práctico de IDEA Internacional sobre el referéndum y la democracia directa producto de un trabajo investigativo realizado en Europa y América Latina. Analiza temas como el uso de institutos de democracia directa y su impacto en la democracia representativa, la adopción del mecanismo del referéndum, los tipos de referéndum, los temas o situaciones en que un referéndum puede ser celebrado, los umbrales de participación, los controles financieros, la redacción de la pregunta a consultar, etc. Palabras claves: Democracia directa / Referéndum / Consulta popular / América Latina / Democracia. * Dissertation presented at "Seminary of reflection on the importance and use of mechanisms of direct democracy in democratic systems", celebrated on May 25th, 2007, at San José, Costa Rica and organized by International IDEA and the Electoral Supreme Tribunal of the Republic of Costa Rica. This Working Paper is part of a process of debate and does not necessarily represent a policy position of International IDEA.
Some Thoughts About Referendums, Representative Democracy, and Separation of Powers
View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by RERO DOC Digital Library Const Polit Econ (2009) 20:251–266 DOI 10.1007/s10602-008-9065-1 ORIGINAL PAPER Some thoughts about referendums, representative democracy, and separation of powers Simon Hug Published online: 25 November 2008 Ó Springer Science+Business Media, LLC 2008 Abstract Referendums have experienced some sort of a comeback. Citizen involvement in political decisions is seen increasingly as a healthy add-on in democratic polities. While earlier writers on democratic theory often saw a danger in increased participation of citizens, more recently several authors suggest that this participation should be fostered. I argue in this paper that both sides in the debate neglect important aspects of referendums. Discussing whether direct participation by the citizens is a good or bad thing addresses only half the story. More precisely, we have to get a better idea about how referendums interact with the traditional institutions of representative democracy. Keywords Referendums Á Political institutions Á Policy effects of referendums JEL Classification D02 Á H11 1 Introduction Over the last few years referendums1 have experienced a comeback at several levels. On the practical side referendums have increased in frequency ‘‘around the world’’ (Butler and Ranney 1994b), and several newly adopted constitutions, e.g., in some East European (Brady and Kaplan 1994; White and Hill 1996) and Latin American countries (Altman 2005), comprise provisions for popular consultation. At the scholarly level, the last few years have seen the publication of numerous 1 Following Butler and Ranney (1994a, b) I use the term referendum to cover all instances where citizens vote on specific policies.
Local Democracy and Participation in Post-Authoritarian Chile1
European Review of Latin American and Caribbean Studies 83, October 2007 | 3-18 Local Democracy and Participation in Post-Authoritarian Chile1 Herwig Cleuren During the past decade an intensive debate has emerged in Latin America about new forms of citizen’s participation in local political affairs. It has generally been argued that the neo-liberal reforms implemented in the 1980s and 1990s have led to the atomization of the citizenry, and hence disarticulated most forms of existing collective action. Many scholars involved in this debate have adopted a strong pro- participation attitude demanding the transformation of ‘delegative democracies’ into ‘deliberative democracies’ with an increased civic participation (O’Donnell 1994, Avritzer 2002). Since the early 1990s the idea of increasing citizens’ direct participation in the decision-making process has also emerged as a guiding principle of what was for- merly the radical Left and of social movements in Latin America. They consider it a reaction to top-down neo-liberal regimes that would have the momentum to deepen democracy and empower poor and excluded groups to overcome their lack of political clout (Castañeda 2006, Roberts 1998). In the same vein, the participa- tory budgeting scheme in the Brazilian city of Porto Alegre is referred to as an out- standing mechanism of grassroots participation, which enables deprived social groups to demand better public services (Abers 2000, Fung and Wright 2003). In recent years, hundreds of municipalities all over Latin America have adopted the basic principle of participatory budgeting – often with altered features and with different results – in order to permit citizens to have a say about public investments (Cabannes 2004).
UC Berkeley Working Papers Title Referendums : new practice and old theory Permalink https://escholarship.org/uc/item/9381v73x Author Ranney, Austin Publication Date 1991 eScholarship.org Powered by the California Digital Library University of California .. /f/ ^s- ? Htl. ^/-}0 REFESEMDUMS: NEW PRACTICE AND OLD THEORT By Austin Ranney University of California, Berkeley Working Paper 91-30 institute OF eO¥ERNMEMmL STUDIES LIBRARY J-AI\I13]992 UNIVERSITY OF CALIFORNIA INSTITUTE OF GOVERNMENTAL STUDIES UNIVERSITY OF CALIFORNIA AT BERKELEY REFERENDDMS: NEW PRACTICE AND OLD THEORY By Austin Ranney University of California, Berkeley Working Paper 91-30 Working Papers published by the Institute of Governmental Studis provide quick dissemination of draft reports and papers, preliminary analyses, and papers with a limited audience. The objective is to assist authors in refining their ideas by circulating research results and to stimulate discussion about public policy. Working Papers are reproduced unedited directly from the author's pages. Referendiims: New Practice and Old Theory by Austin Ranney ^ University of California, Berkeley . Ar Thirteen years ago, David Butler and I published a book of essays on the practice and theory of referendums (Butler and Ranney, 1978). While we and our associates focused mainly on the experience of Australia, France, Ireland, the United Kingdom, and the American states, especially California, we also added appendixes listing all the nationwide referendums we could find that had been held up to 1978. In 1987, John Austen joined us in updating the list through 1986 (Austen, Butler, and Ranney, 1987). And in the appendixes to this paper I have added all the national referendums I could find that were held from the beginning of 1987 to the end of 1990.
Direct Democracy in Latin America: Between Delegation and Participation
DOCUMENTO DE TRABAJO Nº 17 Direct democracy in Latin America: between delegation and participation Alicia Lissidini Marzo 2007 SERIE “DOCUMENTO DE TRABAJO” DE LA ESCUELA DE POLITICA Y GOBIERNO DE LA UNIVERSIDAD NACIONAL DE SAN MARTIN La serie de Documentos de Trabajo refleja parte de las actividades de investigación de la Escuela de Política y Gobierno. Los documentos difunden productos parciales y preliminares de investigación, propuestas de trabajo y ponencias presentadas en congresos nacionales e internacionales. Para obtener copias de la Serie solicitarlas a documentosdetrabajoepg@unsam.edu.ar Direct democracy in Latin America: between delegation and participation1 Alicia Lissidini Escuela de Política y Gobierno Universidad Nacional de San Martín Alicia.lissidini@unsam.edu.ar The objective of this paper is to analyze the inclusion of mechanisms of direct democracy in the constitutions of Latin America and identify its reasons and trends. To this end I studied the constitutional reforms of each Latin American country, describing the social and political context of the inclusion along two fundamental axes: the prerogative of the executive power and the powers of citizens. The hypothesis is that mechanisms of direct democracy, incorporated mostly in the 1990s, are political tools that may promote citizen participation and involvement in public life as well as expand the influence of the executive powers in detriment of representative tools (such as political parties) and therefore, foster delegation. First of all it is imperative to explain that the concept of “direct democracy” admits a variety of definitions and gradations: ranging from “minimalists” conceptions that consider as direct democracy only a referendum, that is a popular consultation promoted by citizens with the purpose of approving or vetoing a law; others define direct democracy as any mechanism of civilian participation that involves voting (with the exception of elections) in other words popular consultation in their different juridical forms (referendum, plebiscite and recall).
Direct Democracy: Actually Democratic? an Evaluation of Initiatives Based on the Fundamental Principles of Democracy
Western Washington University Western CEDAR WWU Honors Program Senior Projects WWU Graduate and Undergraduate Scholarship Summer 2006 Direct Democracy: Actually Democratic? An Evaluation of Initiatives Based on the Fundamental Principles of Democracy Darcey Julia Goelz Western Washington University Follow this and additional works at: https://cedar.wwu.edu/wwu_honors Part of the Political Science Commons Recommended Citation Goelz, Darcey Julia, "Direct Democracy: Actually Democratic? An Evaluation of Initiatives Based on the Fundamental Principles of Democracy" (2006). WWU Honors Program Senior Projects. 211. https://cedar.wwu.edu/wwu_honors/211 This Project is brought to you for free and open access by the WWU Graduate and Undergraduate Scholarship at Western CEDAR. It has been accepted for inclusion in WWU Honors Program Senior Projects by an authorized administrator of Western CEDAR. For more information, please contact westerncedar@wwu.edu. Direct Democracy: Actually Democratic? An Evaluation of Initiatives Based on the Fundamental Principles of Democracy VOTE Darcey Julia Goelz Political Science Honors Thesis May 30, 2006 WESTERN _______WASHINGTON UNIVERSITY_______________________________>4/i equal opportunity university Honors■ Program HONORS THESIS In presenting this Honors paper in partial requirements for a bachelor’s degree at Western Washington University, I agree that the Library shall make its copies freely available for inspection. I further agree that extensive copying of this thesis is allowable only for scholarly purposes.
SOVIET LIGHT on the COLONIES by LEONARD BARNES Maps and Diagrams by J
THE AUTHOR Leonard Barnes was educated at St. Paul’s School and University College, Oxford. He served in the infantry on the Western Front, 1914-19. On demobilisation it occurred to him to wonder what the war had been about, and what its causation was. So sprouted his interest in imperialism. To test the imperialist hypothesis, lie entered the Colonial Office in 1921, and there helped to deal with the affairs of Ceylon, Mauritius, St. Helena, the West Indies, the East African depend- encies and the South African High Commission. In 1925, wishing to supplement this paper knowledge by direct acquaintance with conditions on the spot, he set sail for Africa, where he lived for the next seven years, partly as a settler and partly as a leader-writer for the Natal Witness, the Cape Times and the Johannesburg Star. Some of the fruits of this experience are recorded in Caliban in Africa (1930) and Zulu Paraclete (1935). During 1930-31 he investigated social conditions in the half-forgotten territories of Basuto- land, Swaziland and the Bechuanaland Protectorate, publishing his findings in The New Boer War (1932). In these years he also made visits to the Rhodesias, Tanganyika and Kenya. The general study of colonial questions, especially in their relation to the problem of world peace, was continued in a series of writings, The Duty of Empire (1935), The Future of Colonies (1936), Skeleton of the Empire (1937), and Empire or Democracy? (1939). He visited the U.S.S.R. in 1938. SOVIET LIGHT ON THE COLONIES BY LEONARD BARNES Maps and Diagrams BY J.