PEDRO UGARTE/AFP PEDRO EDITORIAL BY PAUL E. NANTULYA his issue of Conflict Trends offers some background against which the latest constitutional insights into contemporary constitutional and electoral changes in her country have taken developments in Africa, both from a country place. She looks at the specific amendments, the Tspecific, to regional and more thematic issues. work of the Interim Political Authority and briefly The pieces have been contributed by a combina- touches on the new electoral system, which com- tion of constitutional experts, conflict management bines a first past the post system with a mixed specialists and political analysts. This mix, member proportional representation system, reflects ACCORD’s own thinking around constitu- widely seen as a compromise to offset the parlia- tional issues in Africa, which generally supports mentary imbalances created by the former system the view that constitutions have always been nego- in the 1998 elections. The country is expected to tiated, amended reviewed, or overthrown against a hold its next elections in April 2002. specific political context, and with concrete politi- Following this brief constitutional update on cal objectives in mind. They are also inevitably Lesotho, Prof. Severine Rugumamu, from the influenced by the prevailing conflict dynamics on Conflict Management Centre at the Organisation of the ground, which in turn cannot be separated African Unity, shares some insights into state sover- from the wider socio-economic and political milieu eignty and intervention in Africa. This particular within which the different political, social and theme, touching as it does on specific and broader other interest groups and formations manoeuvre questions of local and global governance, is now fil- for power, influence and reform. Focusing on tering into the domain of constitutional discourse. Lesotho for instance, Pontso Mamatlere, an expert How do the various patterns of intervention impact from the Independent Electoral Commission, who on the domestic constitution making project and herself has also been intricately involved in the how can constitutions respond to the challenges of process of shaping the foundations of that institutionalising new norms of intervention, and of Country’s new electoral system offers a practical global co-operation? What about the question of 2 election monitoring and its connection to the norms He expresses concern over the problem of a lack of of sovereignty and non- interference? Are election a ceasefire, internal factionalism within the key observers playing a passive role, or are they gradually political parties, and dangers associated with some taking on more mediatory functions? Can they serve a of the more extremist groups, which continue to broader function which transcends the mere observ- resist the transition. Sagaren argues that a transition ing of the electoral process, and if so, what kinds of could have been easier in the context of a ceasefire, questions does it raise regarding national sover- and argues that the ‘political wings’ of the armed eignty? Responding as it does to most of these ques- groups do not have enough influence to persuade tions, the piece does give a good sense of the local the armed elements to lay their weapons. He also and global imperatives for shaping what Rugumamu sees the South African National Defence Force refers to as a need to ‘ Utilise local and global instru- (SANDF), deployment into Burundi as potentially ments to nurture new governance norms’. risky affair, given that not all the groups have Equally as engaging is John G Yoh’s piece on accepted it. Theo Neetling’s piece focusses on the the historical roots, and constitutional bases for a actual SANDF deployment into Burundi. He takes settlement of the Sudan civil war. He looks at what us through the specifics of some of the legal, consti- he has categorised as the ‘unionists’ and ‘secession- tutional and international themes underlying this ists’ and discusses the different constitutional forms deployment, and. While he also points to some which they continue to articulate for a resolution to potential risks, he expresses optimism about the the conflict. He identifies the important documents deployment itself. He draws our attention to the and agreements which have provided character to complete involvement of the South African the constitutional bases upon which the conflict Parliament in sanctioning the entire operation, the could be settled, and probes into the difficulties representativity of the force, the fact that it is com- associated with the issue of separation of religion posed of a broad range of skills and the swiftness at and state, which seems to have created a hurdle which it was executed. Neetling also expresses the between the dominant opposition forces in the view that it was a correct decision and that it signals South and the Government of Sudan. Yoh moves on a willingness on the part of African states to take to critically examine the different mechanisms for charge of handling their own problems. His opti- conflict resolution in Sudan, particularly as they mism is further underscored by his belief that this connect to the constitutional bases he identifies, particular experience will contribute to South while providing an in-depth insight into the current Africa’s collective peacekeeping experience, which state of play, and recommendations for a future set- although modest, has been growing, since the tlement. The piece will no doubt be of immense involvement of the SANDF in neighbouring DRC. interest and invaluable assistance to policy makers, In the final piece, Nantulya draws our attention to legal experts and analysts interested in Sudanese the socio-legal, historical and constitutional bases politics. Dr. Clive Napier, no doubt one of Africa’s around which traditional justice in Rwanda (known leading constitutional experts offers some short as Gacaca), is evolving. comments on constitutionalism, human security and At the present historical juncture, Africa is still conflict in Africa, which stems from a constitutional struggling to find acceptable organising principles roundtable which ACCORD hosted in September. around which to develop lasting political systems Napier provides us with some theoretical and con- that are broadly accommodative of the diverse ceptual questions underpinning the development of nationalities, cultures, identities and competing constitutionalism globally, and then looks at the socio-political peculiarities which characterize the human security interface as it relates to Africa. He nation state. This collection of pieces is a first step looks at the nature of the African state, the to discussing some of these challenges, but specifi- increased interest in constitutional development in cally as they connect to constitutionalism and con- the last ten years, the inherent challenges, and the stitution making. They reflect the diversity of the need to reconstitute and re-configure the African Continent, offer a multiplicity of views, and draw state in order to promote human security. from a wide range of perspectives. It is our fervent Moving over to Burundi, two pieces, each offer- hope that they stimulate debate, discussion and ing different perspectives are included. In the first interaction, and make a small and humble contribu- piece, Sagaren Naidoo, an expert from the Institute tion to the struggle for dignity, peace and reconcili- for Global Dialogue in South Africa takes a caution- ation in Africa. ary apporach towards the transitional government. The founder and executive director of ACCORD calls for a Global Framework for Cooperation, which would define the roles and responsibilities of all actors FEATURE BY VASU GOUNDEN call for the establishment of a for cooperation wo recent experiences have made me realise more stable world. We should be witnessing mas- that I made the right decision 10 years ago, sive decreases in military spending and the repri- when I decided to abandon my career in law for oritisation of these resources into social spending, Ta career in finding solutions to world conflicts. in order to create a more humane and equitable The first experience relates to the Bush-Putin world. Advances in information and bio-technol- summit. Courtesy of CNN, and in the comfort of ogy should be exploited to combat Aids; to pro- my own home, I was able to experience the vide clean water to the worldís poor; to develop reshaping of history. I was moved by the current techniques to increase food productivity, while at rapprochement between the United States of the same time, protecting and preserving our nat- America and Russia. It signifies the beginning of ural environment; and to develop better instru- a new era in international relations, and an end to ments that would predict natural phenomena, the proliferation of weapons of mass destruction such as earthquakes, cyclones and storms, which by these two nations. It also signifies the final devastate the lives of millions of people through- hour of a global ideological conflict that has dom- out the world. inated world politics for several decades. Unfortunately, the historic significance and It should be a time for celebration. Our fears the potential opportunities of the Bush-Putin sum- of Armageddon should be replaced by hope for a mit have been overshadowed by the events of 11 4 FEATURE September, which relate directly to my second tion the wisdom of this investment. I invested 10 experience. When news