The Role of State Constitutions in Protecting ... - International IDEA

Executive Summary
Executive Summary
This report is based on the proceedings of two workshops jointly organized by the
International Institute for Democracy and Electoral Assistance (IDEA) and
National Reconciliation Program (NRP) in New Delhi, India, and Chiang Mai,
Thailand, from November 1–5, 2002.on The Role of State Constitutions in
Protecting Nationality and Minority Rights Under Federalism: Dialogues in support
of a democratic transition in Burma,
International IDEA has facilitated this process of dialogues in support of a
democratic transition in Burma, by sharing comparative experiences from South
Africa on negotiating political settlements and the experiences of women’s groups
proactive in peace talks – drawing on experiences in Sri Lanka, South Africa,
Guatemala and Northern Ireland.
The National Reconciliation Program (NRP) is committed to supporting a
democratic transition that is based on respect for the rights of ethnic nationalities.
This commitment has directed the NRP to hold intra-ethnic and inter-ethnic
dialogues to secure these rights within a united and democratic Burma.
The aims of the IDEA/NRP workshop were to provide information to the
Burmese participants on:
◆ The basic principles of power relations between federal government, state
governments, and local governments.
◆ The different federal systems (Indian, Australian and Nigerian), their
constitutional histories and experiences in protecting minority rights, and
◆ Create a forum at which Burmese participants could reflect on these
experiences and draw their own conclusions on what may be relevant to
their own aspirations.
The specific themes explored at the workshops include:
◆ The rationale for federalism:
• Is it affordable?
• Will it exacerbate religious and ethnic conflict, and be an impetus for
secession?
◆ The structure of the federal unit :
• Should it be determined on the basis of historical boundaries or
ethnic / linguistic or religious criteria?
• The advantages and disadvantages of using historical boundaries,
ethnic or religious criteria in determining boundaries, or the creative
drafting of new boundaries;
• How federalism and decentralization can ensure ethnic rights?
1