Draft for discussion
Conference on Minorities and Marginalized Groups● 28-29 October2013 ●The Hague, the Netherlands
“Including Minorities and Marginalized Groups in Constitution building processes: experiences, challenges and lessons”
Day One
28 October 2013
09:00-09:30
Registration/Coffee
09:30-10:00
Opening Session
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10:00-12:30
Introductions, Tayuh Ngenge, Programme Officer, International IDEA
Opening remarks: Mr. Vidar Helgesen, Secretary-General, International IDEA
Keynote Speaker: IDEA Member state Representative in the Kingdom of the Netherlands
Session I: Pathways for Religious Minorities in Constitution building processes
A key concern for constitution builders in religiously diverse, post-conflict societies is how to accommodate the concerns of different
religious groups. Exacerbating the situation, often, is when some parties seek to establish a national identity based on a single religion, or
where there has also been a history of conflict pitting one dominant religious group against other religious minorities, who do not only seek
constitutional protections but also want a voice in the decision-making process. This session will examine this subject in order to shed light
on the following issues:
(i)
Creating spaces for participation of religious minorities in constitution building process: What factors promote or undermine
such participation?
This conference is being organized with generous funding from the Government of Norway
Draft for discussion
(ii)
(iii)
(i)
(ii)
(iv)
Constitutional design to protect religious minorities: what are the key aspects of constitutions that affect religious minorities in
particular?
What special measures must be taken to ensure the engagement of women, at risk of double discrimination first on account of
their gender and, second, for belonging to a religious minority are heard in the decision-making process?
Best practices: What are some of the CBP experiences that might point to positive examples of religious minorities’ effective
inclusion in the design of constitutional solutions affecting their interests? What level of influence did they exercise on the
process, and how did it impact outcomes relating to these interests?
What has been the degree of success in implementing outcomes? What are the key challenges and how have/can they be
overcome?
What general or specific lessons can be derived from these experiences for other contexts?
Chair:
Sumit Bisarya, Senior Project Manager, CBP Programme, International IDEA
Speakers:
Mr Carl Soderbergh, Minority Rights Group, UK
Ambassador Peter Wille, Special Representative on Minorities, Government of Norway
Mr. Ahmed Tawfik, El-Gamal&Tawfik International Law Firm, Egypt
Prof. Michael Kayaranni, Hebrew University of Jerusalem, Israel
Mr Zaid al-Ali, Senior Advisor on Constitution Building, International IDEA WANA Programme
12:30-13:30
Lunch Break
13:30-15:00
Session II: Pathways for Ethnic Minorities in Constitutional building processes
Like religious minorities, the relationship between different ethnic minorities and other dominant ethnic groups and the state in postconflict constitutional transitions can also be very acrimonious. Often pitted, for instance, against the interests of a dominant majority that
wishes to safeguard national unity and integration, are demands from ethnic minorities for power dispersal mechanisms that insures their
participation in political decision making. Where ethnic minorities occupy resource rich areas of the country, these demands become even
more critical as fears of economic exploitation of local resources by the majority get heightened. Such conflicting interests might impact the
degree of inclusion of ethnic minorities in the process especially, where the latter is driven by the dominant ethnic group. In such contexts,
there is a high need for mechanisms that allow for greater inclusion and equitable representation of ethnic minorities in the constitutional
negotiations. This session will shed light on the following issues:
This conference is being organized with generous funding from the Government of Norway
Draft for discussion
(i)
(ii)
(iii)
(iv)
(v)
(vi)
15:00-16:30
Creating participatory spaces for ethnic minorities in constitution building process: What factors promote or undermine the
creation of such spaces for participation?
Constitutional design to protect ethnic minorities: what key issues affect ethnic minorities in particular?
What special measures must be taken to ensure that the voices of women, at risk of double discrimination first on account of
their gender and, second, for belonging to an ethnic minority are heard in the decision-making processes?
Best practices: What are some of the CBP experiences that might point to best examples of ethnic minorities’ effective role in
the design of constitutional solutions affecting their interests? What level of influence did they exercise on the process, and how
did it impact outcomes relating to these interests?
What has been the degree of success in implementing outcomes? What are the key challenges and how have/can they be
overcome?
Are there any general or specific lessons that can be derived from these experiences for other contexts?
Chair:
Sumit Bisarya, Senior Project Manager, CBP Programme, International IDEA
Speakers:
Dr. Nicole Topperwein, Expert Consultant , Ximpulse, Switzerland
Dr. Ekuru Aukot, Former Director of Committee of Expert on the Constitution, Kenya
Mr.Asanga Welikala, University of Edinburgh, Scotland
Mr. Stefan Mikaelsson, President of Sami Parliament, Sweden
Session III: Pathways for Women Groups in Constitution building
Women, though not a minority, still play minimal roles in general political governance and decision-making processes, despite evidence of
improved quality of democratic processes from their participation. As recently seen in Egypt, for instance, women continue to struggle for
political voice in processes that are fundamental to state stability, renewal and development as constitution building. In cases where they
are also members of an identified minority, such as some ethnic and religious groups, their situation becomes even dire as it implies
discrimination and exclusion on multiple levels.
(i)
(ii)
(iii)
(iv)
What factors are promoting or undermining the full and effective inclusion of women in constitution building processes?
Constitutional design and gender: what key issues affect women and girls in particular?
How can contemporary constitution building processes be best designed to accommodate the participation of women in
securing constitutional protections related to their interests?
What are some of the CBP experiences that might point to best examples of effectively engaging women in the design of
This conference is being organized with generous funding from the Government of Norway
Draft for discussion
(v)
(vi)
constitutional solutions for gender equity? What level of influence did they exercise on the process, and how did it impact
outcomes relating gender equity?
What has been the degree of success in implementing outcomes? What are the key challenges and how have/can they be
overcome?
What are the general or specific lessons that can be derived from these experiences for other contexts?
Chair:
Ms Kristen Sample, Director of Global Programmes, International IDEA
Speakers:
Ms. Susan Stigant , United States Institute for Peace, USA
Cllr. Gloria Scott, Chair, Constitutional Review Committee, Liberia
Ms. Netsai Mushonga, Women’s Coalition of Zimbabwe, Zimbabwe,
Ms. Basma Soudani, League of Tunisian Female Voters, Tunisia
16:30 -16:45
Coffee break
16:45-17:45
Session IV: Pathways for LGBT Groups in Constitution building
In recent years, inclusion and participation of all groups in post conflict constitutional processes has been recognized as critical for ensuring
equitable and sustainable outcomes. While the case for religious, ethnic minorities and women in general, is often highlighted, the case of
sexual minorities such as gays, lesbians and transgenders is often overlooked. Like women groups, they are also vulnerable to multiple
levels of exclusion if they happen to be members of other identified ethnic or religious minorities; or again on account of their gender. The
position of members of LGBT groups is further exacerbated by the negative stigma and social prejudice they already face some contexts.
This session will explore the following questions:
(i) What factors can promote or undermine the inclusion, gays, lesbians, bisexuals and trans-genders in constitution building processes?
(ii) How can contemporary constitution building processes be best designed to accommodate the participation of these groups in
securing constitutional protections related to their interests?
(iii) Are there any CBP experiences that might point to best examples of LGBT groups’ effective participation in the design of
constitutional solutions affecting their interests? What level of influence did they exercise on the process, and how did it impact
outcomes relating to these interests
(iv) What has been the degree of success in implementing outcomes? What are the key challenges and how have/can they be
overcome?
This conference is being organized with generous funding from the Government of Norway
Draft for discussion
(v) Are there any general or specific lessons that can be derived from these experiences for other contexts
Chair:
Mr. Julian Smith, Senior Advisor, Diversity Programme, International IDEA
Speakers:
Mr. Sunil B Pant, Blue Diamond Society, Nepal
Prof. David Bilchitz, Director, Institute for Advanced Constitutional, Public, Human Rights and Int’l Law, South Africa
Ms. Ulrika Westerlund, The Swedish Federation for Gay, Bisexual and Transgender Rights, Sweden,
19:00-21:00
Cocktail/Dinner Reception
Day Two
09:00-10:30
29 October 2013
Session V: New Media and Minority Participation
Advancements in new media and communication technologies are impacting democratic processes in fundamental ways. While increased
access to the internet, cell phones and other novel communication channels promotes and facilitates minority political participation, they
can also serve to fuel prejudices against minorities. This session will address the following questions:
(i)
(ii)
(iii)
Chair:
In what ways are ICTs promoting greater participation of minority groups in political processes in general and CBPs in particular?
What are the conditions facilitating this media influence on minority political participation?
What are some of the key challenges posed by spread of new media to minority participation? How can contemporary media be
best used to advance minority political inclusion?
What are some of the key experiences that might point to best practices in using new media for increased minority inclusion?
Ms Helena Bjurelman, Senior Programme Mananger, Democracy and Development Programme, International IDEA
Speakers: Dr. Nivien Saleh, Thunderbird University, Egypt/USA
Mr. Walter Owuor. Independent Consultant, Kenya
Mr. Brendan Ballou, Stanford University, USA
10:30:-11:30
Session VI: The Role of the International Community
This conference is being organized with generous funding from the Government of Norway
Draft for discussion
The right to minority political participation, including constitution building processes, has also gained traction in the international
community in recent years. This is evidenced by the growing number of standards developed at the regional and global level such as, the
UN Declaration on Minority Rights and the ICCPR. This session will explore these emerging standards with a view to shedding light on the
following questions:
(i)
(ii)
What is the normative value of the emerging international standards?
To what extent are national authorities subscribing to these standards in their design and implementation of political processes,
in particular constitution building processes?
Beyond standard setting, what practical steps can the international community take to promote the enforcement of these
initiatives at the practical level and how can it be best supported in that effort?
(iii)
11:30-12:00
Chair:
Prof Cheryl Saunders, International IDEA Board Member, Laureate Professor, Melbourne Law School, Australia
Speakers:
Mr Jason Gluck, Senior Political Affairs Officer, Constitutional Focal Point, UNDPA
Dr. Ekuru Aukot, Former Director of Committee of Expert on the Constitution, Kenya
Ms. Kamla Bisht, Embassy of Norway, Nepal
Concluding session
This session will allow to renowned experts Prof Cheryl Saunders with extensive expertise in Constitutional law and Mr Carl Soderbergh of
Minority Rights Group who has extensive expertise working on minority issues to tie the issues from the previous sessions together.
Amongst others, their joint discussion will also look at how the presence or absence of coalitions between/amongst minorities can advance
or impede their struggle for more political inclusion and participation
12:00-13h00
Closing Lunch
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Ms Kristen Sample, Director of Global Programmes, International IDEA
This conference is being organized with generous funding from the Government of Norway