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Conference Announcement

"Constitutional Design for Diversity and Conflict"
South-South Regional Symposium on Constitution Building
International Institute for Democracy and Electoral Assistance
Non-Aligned Movement Centre for South South Technical Cooperation
Jakarta (Indonesia)
12-15 October 2009

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Asia’s vast and unparalleled diversity is celebrated for its
enormously rich and unique cultural patrimony. It is also a great
challenge for governance where it aggravates conflict. For instance,
current violent demands for territorial autonomy in countries like
Philippines, Sri Lanka and Thailand are based on religious diversity.
Religious belief, the justification for the phenomenal partition of
India and Pakistan at the time of their independence, has retained
its ability to spark serious communal violence in the world’s largest
democracy. Likewise, ethnicity is a factor in the conflicts in
Myanmar, Nepal, Sri Lanka and Indonesia. These conflicts continue to
be sparked or fuelled by societal polarisation driven by rising
political consciousness within and between diverse groups. 

Constitutions in the South East Asia Countries of Brunei Darussalam,
Cambodia, Indonesia, Laos, Malaysia, the Philippines, Singapore,
Thailand, Timor Leste and Vietnam, have been framed with an ethos of
harmonious population diversity. This is also mirrored in comparable
foundational values and structural arrangements in Constitutions in
South Asia – in Bangladesh, Bhutan, India, Pakistan, Nepal, the
Maldives and Sri Lanka. These Constitutions aim to accommodate
individual liberalism as well as the distinctions that are assigned
to diverse groups on account of religious, linguistic and ethnic
identity. They permit in practice, a flexible interplay between
positive constitutional norms and the conventions that grow from
custom. A cultural pluralism is recognised even when aspiration is
for a national “constitutionalised culture” with its assurances that
preferred values should prevail Emerging trends in these regions, for
instance in Nepal, the Philippines and Thailand, show how centralised
and unitary systems have begun to change and adapt typical features
of conflict management, such as self government of diverse groups. 

Constitution building can be understood as the broadening of
consensus within political communities in support of the principles
and modalities of decision making over the common welfare. This is a
long term process, usually characterised by dialogue, and frequently
instigated by serious political crises for which lasting solutions
are sought. Sometimes, constitution building has implied “founding”
acts to comprehensively remake constitutional norms, structures and
institutions. Repeated constitution making in South East Asia and
South Asia shows that while there is agreement on the instrumental
use of constitutions to deal with diversity and conflict,
constitutional arrangements themselves have remained contested. 

The key questions are: What kind of constitutional design will be
necessary and adequate to manage the complex problems created by
diversity driven conflict? What kinds of processes are required to
build such constitutional designs?

The South-South Regional Symposium on Constitution Building will
consider how constitutional design has assisted the performance of
the state in contexts where diversity animates conflict for different
reasons. It will deepen understanding of comparable foundational
values and constitutional structures across the regions and
illuminate unique contextual practices.  

The objectives of the Symposium are: 

1. Consider the impact of constitutional design on the performance
of the state in managing and minimising the risks of diversity driven
conflict in South East Asia and South Asia

2. Convene a symposium to pool knowledge from the experiences of
constitution builders in these regions and share it with a broader
audience in the form of print and online report

3. Constitute a network of individuals and institutions from the
concerned regions that are interested in an online discussion forum
on general and specific topics in constitution building

4. Draw conclusions that will support more effective constitutions
and constitution building processes in the future

Conference website:
http://www.constitutionnet.org/en/event/south-south-regional-symposium-constitution-building
 
 
 
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