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Index aboriginal associations, Canadian government constitution in 1977, 537 choice for representation, 29 constitution-making process, 540–54. aboriginal people. See indigenous people See also Constitutional Loya Jirga (CLJ; ACCAPP (Administrative Center for the Afghanistan) Coordination of Assistance and Public 1964 process, 538 Participation), 315, 327 basic rights in constitution, 538 accessibility, in South Africa constitution-making Bonn Agreement, 540–43 process, 127 commission, 19n72, 620 Acción Democrática (AD; Venezuela), 507 delegate selection for CLJ, 546–47 accountability draft from reconciliation council, 553 (lugam) in Eritrea, 68, 69 drafting new constitution, 543–45 in Cambodia foreign experts, 641 need for, 221 public consultation process, 545–46 for past, 229–30 constitutional court, elimination in draft weakness of, 34 constitution, 545 ACFODE (Action for Development), 164 constitutional history, 536–40 Ackerman, Bruce, 382 constitution of 1964, 538–40 acronyms list first 80 years, 536–38 for Cambodia, 238 democratic constitution passage, 536 for Hungary, 384 foreign involvement issues, 651 for South Africa, 148 government changes, 535 © Copyrightfor Spain, 432 by the Endowmentinclusiveness, 628 of Action Christian National (Namibia), 109n49 laws and Islam, 552 constitutional proposals, 87 loya jirga (grand national assembly), 535 theAction United for Development (ACFODE), States 164 Institutepolitical realities of, of 554 Peace AD (Acción Democrática; Venezuela), 507 presidency vs. parliamentary government, Additional Act (Brazil), 460n2 550–51 Administration of Estates Act of 1997, 194 provincial governors in, 556 Administrative Center for the Coordination public consultative process, 544 of Assistance and Public Participation Shura (parliament), 537 (ACCAPP), 315, 327 technical assistance, 641 ADST. See Associaçao Social Democrata test of new constitution, 557 Timorense (ASDT) U.S. and UN involvement, 641–42 advertising in South Africa, 9, 134–35 pressure from U.S., 558 affirmative action Africa as Fiji constitutional commission issue, 299 approaches to constitution making, 8 in Namibia constitution, 96 constitutional changes, 158 Afghan transitional administration (ATA), 543 constitutional drafting in 1990s, 7–10 Afghanistan, 14, 535–62, 566 public participation, 15 center-periphery issues in, 556–57 root causes of cultural problem of consensus-building absence, 651 constitutionalism, 195 667 668 Index African Charter on Human and Peoples’ Rights of democratic representation, 318–20 1981 (Banjul Charter), 24, 189, 190 draft constitution African Christian Democratic Party (South rejection, 623 Africa) transparency in, 326–27 1994 election results, 126 elections, 624 objections to South Africa court certification, in 1997, 314 140 foreign involvement issues, 651 African Commission on Human Rights and international community role, 322–25 Peoples’ Rights, 190 attempted coup d’Etat, 324–25 African customary law, and gender discrimination, parliamentary delegations, 323–24 194 international law role, 325–26 African National Congress (ANC), 113, 115, 124, loss of faith in constitutional order, 314 192, 194 Ministry of Institutional Reform and 1994 election results, 126 Relations with the Parliament, 315, 316 bilateral discussions with NP, 132 parliament on constitutional development process, 116 Decision 339, 314–15, 318, 320 draft constitution, 150n41 election of 1996, 313 encouragement of involvement by parliamentary commission, 611 constituency, 139 public consultation, quantifying impact, formation, 179 632–33 private meeting with NP before talks public input to constitutional changes, 41 resumption, 119 public participation, 315–18 proposals for interim constitutional civic education initiatives, 317–18 arrangements, 118 development of national program, role in South Africa negotiating process, 146 316–17 “Strategic Perspectives” position paper, 119 quasi nongovernment organization, 615 transition to revolutionary liberation referendum in 1999, 36 movement, 114 transition to democracy, 12 violence between IFP supporters and, 145 Albanian Party of Labor, Sixth Congress, directive African Workers Voice Association, 179 for new constitution, 312 Afrikaner Volksunie, 125 Albertyn, Cathi, 41 Afrikaners, and Namibia constitution drafting Aleixo, Pedro, 438 panel, 89 Alemán, Arnoldo, 496 Afwerki, Isaias, 75, 76–77 and constituent assembly, 503n116 Agrarian Party (Albania), 328n26 Ali, Adnan, 585 ©Agreement Copyright on Provisional Arrangements by in theAlianza Endowment Popular, 423 of Afghanistan Pending the Re-Establishment Alkatiri, Mari, 250 of Permanent Government Institutions (Bonn Alkubesi, Moamer, 594n81 theAgreement), United 536, 540–42 StatesAll-in Institute Conference in 1961, 113–14 of Peace Ahtisaari, Martti, 84, 86 Alliance of Democratic Left (SLD; Hungary), 402, Akabway, Steven, 166 412n4 Akashi, Yasu, 212, 214, 231, 236 Alliance of Democratic Left (SLD; Poland), 394, Albania, 311–27 396, 399 conclusion, 326–27 Alliance of Free Democrats (Szabad Demokraták constituent assembly, 11 Szövetsége; SZDSZ), 353, 358, 362, 367, 383 constitution-making process division with MDF, 363 boycott, 635 expectations vs. results, 375 foreign experts, 640 support for new constitution, 371 by parliament, 613 Alliance of Young Democrats (Fiatal Demokraták structure, 314–15 Szövetsége; FIDESZ), 357, 362, 366, 367, 378, timing and sequencing, 320–22 383 constitution of 1976, 312 support for new constitution, 371 constitution of 1998, 326–27 alternative-vote system, for Fiji parliament, 297 constitutional assembly in 1946, 312 Amanullah (king of Afghanistan), 536 constitutional court, 313, 319 Amaral, Francisco Xavier do, 257 Framing the State in Times of Transition 669 amendments, in Brazil, 445 Arniston, 131 American Bar Association, 572 Arzallus, Xabier, 424 Central East European Law Initiative Asia Foundation, 227, 255, 264 (ABA/CEELI), 315 technical support for East Timor, 266–67 American Convention on Human Rights, 516 Asian Charter of Rights, 24 and Nicaragua constitution, 493 Asmara, 66 American Declaration of the Rights and Duties of Assembly Watch, 263 Man, and Nicaragua constitution, 493 Associaçao Popular Democrata Timorense Americas Watch, 487 (Apodeti), 247 Ames, Barry, 441 Associaçao Social Democrata Timorense (ASDT), Amin, Bakhtiar, 596n110 247 Amin, Idi, 161 Association of Uganda Women Lawyers (FIDA), al-Amiri, Hadi, 595n94 164 Amnesty International, in Colombia, 476 ATA (Afghan transitional administration), 543 amnesty law in Brazil, 439 Al-Atiyyah, Ghassan, 583 amparo, action of, 510 Atlantic Charter, 113 Ample Front for Agriculture (FAA), 447 attorney general, in South Africa, appointment, Anbar, 570 130 ANC. See African National Congress (ANC) AUC (United Self-Defense Force of Colombia), Angola, and public participation, 26 469 Ankole, 160 Aucoin, Louis, xviin3, 227 Annan, Kofi, 190, 541 Austin, Reginald, 212, 216, 225 Antall, József, 366, 374, 388n58 Australia, pressure on Fiji, 292 Ante-Proyecto, 425 authentic participation, conditions making AP (Fijian Alliance Party), 278 possible, 27 apartheid, 105n3, 153n88 authoritarian electoral reform model, 354 ending, 116, 122, 144 authoritarian regime and international treatment of South Africa, combining with democratic practice, 420 143 constitution framed to develop, 505 introduction in South Africa, 113 in Spain, 418 and Namibia, 89 transition to democracy, 417 plans in South-West Africa, 94 authority South Africa hope for South West Africa, 83 for constitution-making power, 404 Apodeti (Associaçao Popular Democrata of UNCHR comments, 29 Timorense), 247 autogolpe, 436 © CopyrightApril Agreement (1989; Poland), by 402 the Endowmentautonomy of April Amendment (Poland), 404, 409, 663n100 arguments for, in Iraq, 568 replacing provisions, 394 vs. self-determination, in Nicaragua, 494 theArabic United States Instituteautonomy (federo), 169 of Peace Muslim intellectuals and, 79n48 autoruptura, 420, 430 as potential official language of Eritrea, 71 AWS (Electoral Action Solidarity; Poland), 399, Arato, Andrew, xviin3, 389n73, 591n43, 604, 400–01, 412n4, 415n37 656n24, 665n117 Azanian Peoples Organization, 116 “Constitution Making and Transitional Azerbaijan, 11 Politics in Hungary,” 350–84 Azimi, Abdul Salam, 543 Arendt, Hannah, 379 Argentina, 483 Baath party, collapse of secular nationalism of, 568 Arias Navarro, Carlos, 419 Baganda, animosity with Bunyoro, 160 Arias, Oscar, 494 Baganda Kabaka Yekka party (KY), 159 Arif, Haseeb, 594n80 Baghdad International Zone, closed-door meetings Arinos, Afonso, 443 of political party leaders, 574 armed resistance Banaban Land Act, 305n12 for Eritrean independence, 62 Banaban Settlement Act, 305n12 in South Africa, 114 Banjul Charter (African Charter on Human and Arnault, Jean, 545 Peoples’ Rights of 1981), 7, 24 670 Index Barco, Virgilio, 469, 470–71 peace negotiations proximity talks, bargaining situation, characteristics, 358 335–36 Barnes, Catherine, 34 substance of constitution, 338–40 Barroso, Luis Roberto, 460 Constitutional Court, 340 Bartlett, Justice (Zimbabwe), 188 ethnic groups and key government positions, Barzani, Massoud, 574, 575, 593n72, 594n91 339 Barzani, Saedi, 593n76 peace agreement, 332 Basic Constitutional Dilemmas, 397 presidency for, 337 Basque problem in Spain, 428 war in, 334 Basque separatism, 660n67 Bosnia and Herzegovina Dayton Constitution, Basters in Namibia, 108n39 332–48 Bavadra, Timothy, 280, 283 conclusion, 347–48 Bayati, Abbas, 573 entering into force, 345 Belarus, 11 international
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