regime change by the book-2004

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    Regime Change by the Book:

    Constitutional Toolsto Preserve Democracy

    Theodore J. Piccone, Editor

    Alexander S. Kirshner, Project DirectorCorey Whiting, Project Assistant

    Siham Nurhussein, Project Assistant

    Supported by a grant from the Open Society Institute.

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    TABLE OF CONTENTS

    ACKNOWLEDGEMENTS i

    PREFACE ii

    EXECUTIVE SUMMARY 1

    INTRODUCTION 1

    CONCLUSIONS AND RECOMMENDATIONS 6

    RECALL/VOTE OF NO CONFIDENCE 9

    IMPEACHMENT 12

    SUCCESSION 15

    CRIMINALIZING COUPS 19

    SLIDES 23

    PRESIDENTIAL RECALL:

    THE CASE OF VENEZUELA 28

    PRESIDENTIAL IMPEACHMENT:

    THE CASE OF KOREA 43

    PRESIDENTIAL SUCCESSION:

    THE CASE OF ARGENTINA 56

    COUNTRY CASE STUDIES 69

    ARGENTINA 69

    CANADA 76

    KOREA 83

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    NIGERIA 89

    ROMANIA 96

    RUSSIA 104

    SOUTH AFRICA 113

    SPAIN 121

    THAILAND 129

    VENEZUELA 138

    APPENDIX

    ABOUT THE DEMOCRACY COALITION

    PROJECT 148

    LIST OF REVIEWERS 151

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    Regime Change by the Book

    17

    Finally Nigeria, Argentina and Venezuela offer mixed systemsunder certain circumstances the successor is permanent and under other

    circumstances new elections are held. Under both the Nigerian andArgentine constitutions, when the president is no longer able to serve, a vice

    president assumes the presidency and serves out the term with the fullpanoply of powers. If there is no vice president or he or she is unable toserve, then an interim president is named. In Nigeria, the interim presidentis the president of the senate and elections are held within three months. In

    Argentina, the Congress determines who assumes power, whether theinterim president will fill out the full term, and when the next election willtake place. In Venezuela, if the president becomes unable to serve out theterm during the first four years of his six-year term, the vice president (who

    is handpicked by the president) serves for no more than thirty days; newelections must be held by the end of this period. However, if the presidencyis vacated during the last two years of the term, the unelected vice president

    serves out the remainder of the two years.

    Recommendations

    1) Succession provisions in democratic constitutions should clearlyspecify at least two successors and delineate a process for choosing

    the next in line for succession. When a chief executive leaves officebefore his or her term expires, the identity of a replacement should be

    clear and predictable. This applies even in temporary instances when theconstitution establishes a short period before a permanent successor ischosen. In Venezuela, Russia, Thailand, and Canada, either only thefirst successor is determined or the succession is handled according to

    internal party rules. This situation could lend itself to ad hoc solutionsmanipulable by whomever has the most power at the time of the crisis,rather than being driven by a consensus among the larger body politic.

    Further, there are frequently occasions when the first in line is unable orunwilling to serve. To account for these circumstances, clear rules fordesignating the next chief executive should be articulated in order to

    respond with a minimum amount of confusion and maximum amount ofdemocratic legitimacy.

    2) Constitutions should mandate that positions in the line of successionbe filled when they become vacant and outline a procedure for doing

    so that comports with democratic practice. One institutional cause of

    the Argentine game of presidential hot-potato that was played in 2001-2002 is that the Argentine constitution neither insists that the viceasefad

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    Regime Change by the Book

    23

    X

    X

    X

    X

    X

    X

    X

    X

    Succession

    Provision4

    X

    X

    X

    X

    X

    X

    X

    X

    Impeach-

    ment

    Provisions3

    X

    X

    X

    X

    X

    X

    Recall

    Provisions/

    MotionofNo

    Confidence

    forChief

    Executives2

    Presidential

    Constitutional

    Monarchy/

    Parliamentary

    Constitutional

    Monarchy/

    Parliam

    entary

    Presidential

    Parliamentary

    Presidential1

    Mixed

    Presidential

    Constitutional

    Monarchy/

    Parliamentary

    Presidential

    Systemof

    Government

    Venezuela

    Thailand

    Sp

    ain

    South

    Korea

    South

    Africa

    Russia

    Romania

    Nigeria

    Canada

    Argentina

    Transfe

    rsofExecutivePower

    1

    TheRuss

    iansystemofgovernmenthaselementsofamixedsystem,butinpractice

    isconsideredapresidentialsystem.

    22

    TheTheArgentine,Russian,SouthKoreanandVenezuelanconstitutionsallincludesomefeaturesintheirpresidentialsystem

    sthatservethefunctionofamini-

    noconfide

    ncemotion,forexample,allowingthe

    legislaturetoremoveatleastoneme

    mberofthepresidentsadministrationonamotionofnoconfidence.

    3

    WhileCanadaandSpainallowprosecutionoftheirprimeministersforcriminalviolations,theonlymeanstoremovetheprimeministerfromofficeisavote

    ofnoconfidence.

    4

    Canadaa

    ndThailanddonothaveconstitutiona

    lprovisionstoidentifyanimmediates

    uccessortoactasinterimprimeminister,thoughtheydohave

    processes

    tochooseanewpermanentprimem

    inister.Spainssuccessionprovisionscanbefoundinthebasiclawofgovernment,ratherthanthe

    constitutio

    n.

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    Democracy Coalition Project

    24

    Mustoccur

    after

    the

    3rd

    year

    of

    pre

    sid

    en

    tsterm.

    20

    %ofre

    gis

    tere

    d

    votersm

    ustsign

    petitionfor

    a

    referen

    dum.

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    otesm

    ustbe

    casttorem

    ov

    ethan

    wereinitially

    castto

    ele

    ctthepre

    sid

    en

    t.

    Totaln

    um

    ber

    of

    votescastm

    ustbe

    25

    %of

    thetotal

    num

    ber

    of

    regis

    tere

    dv

    oters.

    Apetitionm

    aybe

    filedon

    cedurin

    ga

    termin

    offic

    e.

    Motionm

    ustbe

    proposedby40%of

    theHouseof

    Representa

    tives.It

    mustalsoincludea

    candidateto

    replace

    theprimem

    inister.

    Majority

    ofall

    members

    ofthe

    Houserequiredfor

    passage.

    Ifvotedoes

    notpass,

    thememberswho

    proposedth

    emotion

    maynotdo

    soagain

    insame

    parliame

    ntary

    sessio

    n.

    Noconfidence

    motionspr

    oposed

    duetoalleged

    impeachable

    offenses

    mustbereferredto

    theSena

    tefor

    impeachmentfirst.

    Motionm

    ustby

    pro

    posedby10

    %of

    theCon

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    ote.

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    quire

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    for

    passage.

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    ew

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    e

    mayn

    otbeh

    eldin

    sam

    eparliam

    en

    tary

    session.

    Voteof

    confid

    en

    ce

    inCabin

    etm

    aybe

    inclu

    siv

    eor

    ex

    clu

    siv

    eof

    the

    pre

    sid

    en

    t.

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    of

    mem

    bers

    of

    the

    Nation

    alA

    ssem

    bly

    require

    dfor

    passage.

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    en

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    with

    drawn

    an

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    ot

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    oosean

    ew

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    ew

    parliam

    en

    tary

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    ction

    sare

    calle

    d

    .

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    otionmustbe

    proposedby25%of

    the

    totalnumberof

    deputiesand

    senators.

    Deb

    atebeginsthree

    da

    ysaftermotion

    initiated.

    Majorityofall

    deputiesand

    senatorsrequiredfor

    passage.

    Newparliamentary

    electionsarenot

    calledifconfidence

    with

    drawn,unlessa

    new

    primeminister

    ca

    nnotbeagreed

    uponwithin60days.

    Ifvotedoesnotpass,

    an

    ewonemaynot

    beheldinsame

    parliamentary

    session.

    Majorityv

    oteof

    the

    Houseof

    Comm

    on

    s

    require

    dfor

    passage(by

    custom

    ).

    Parliam

    en

    tary

    ele

    ction

    sm

    ayor

    mayn

    otbecalle

    dif

    confid

    en

    ce

    with

    drawn.

    Requirem

    ents

    Recall

    Motion

    ofN

    o

    Confid

    enc

    e

    Motion

    ofN

    o

    Confid

    en

    ce

    Motion

    ofN

    o

    Confid

    en

    ce

    Motion

    ofN

    o

    Confid

    en

    ce

    Motion

    ofN

    o

    Confid

    en

    ce

    Mech

    an

    ism

    Pre

    sid

    en

    tial

    Con

    stitu

    tional

    Mon

    arch

    y/Parl

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    stitution

    al

    Mon

    arch

    y/P

    arl

    Parliam

    en

    tary

    Mix

    ed

    Con

    stitution

    al

    Mon

    arch

    y/P

    arl

    System

    of

    Gov

    ernm

    ent

    Venezuela

    Thaila

    nd

    Spain

    SouthAfrica

    Romania

    Canada

    PresidentialRecall/ParliamentaryMotiono

    fNoConfidence

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    Democracy Coalition Project

    26

    ForPM:

    Untilnew

    Government

    isformed

    ForPM:

    InterimPM

    chosenby

    President

    N

    N/A

    N/A

    No

    Yes

    No

    Yes

    Yes

    N/A

    Yes

    FirstinLine

    Elected?

    Ifwithin1st

    fouryearsof

    presidents

    term,new

    elections

    within

    30days

    Ifafterthe

    fourthyear,

    successor

    servesout

    remainderof

    presidents

    term

    N/A

    Untiln

    ew

    Government

    ischosen

    New

    elections

    within

    60days

    Assembly

    must

    choosenew

    president

    within

    30days

    New

    elections

    within

    3months

    For

    President:

    New

    elections

    within

    3months

    Ifvice

    presid

    ent,

    remainderof

    presidents

    term

    .

    IfSen

    ate

    Presid

    ent,

    elections

    heldwithin3

    months.

    Bycustom,

    Gov.

    General

    appoints

    actingPM

    whoserves

    until

    replacement

    chosenby

    majority

    party

    Ifvice

    president,

    remainderof

    presidents

    term.

    Other

    successors

    canfulfillthe

    termor

    serveuntil

    the

    legislature

    declares

    new

    elections.

    Lengthof

    InterimChief

    Executives

    Term

    Yes

    N/A

    No

    Yes

    Yes

    No

    No

    Yes

    N/A

    Yes

    InterimChief

    Executive

    WieldsFull

    Power

    Yes

    N/A

    N/A

    Yes

    Yes

    Yes

    Yes

    Yes

    N/A

    Yes

    InterimChief

    Executiveis

    Eligibleto

    runforthe

    Positionin

    Next

    Elections

    Executive

    Vice

    President

    Successor

    chosenby

    King

    FirstVice

    President

    Membe

    rof

    theCab

    inet

    Prime

    Minister

    Memberof

    theState

    Council

    Deputy

    President

    Memberof

    theCabinet

    Assembly

    Speaker

    Prime

    Minister

    For

    President:

    Senate

    President

    Chamberof

    Deputies

    President

    Vice

    Presid

    ent

    Sena

    te

    Presid

    ent

    Successor

    formally

    chosenby

    Governor

    General;

    partyin

    power

    designates

    newleader

    Vice

    President

    Subsequen

    t

    successors

    chosenby

    the

    legislature

    Lineof

    Succession

    Venezuela

    Thailand

    Spain

    South

    Korea

    South

    Africa

    Russia

    Romania

    Nige

    ria

    Canada

    Argentina

    Success

    ion

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    Regime Change by the Book

    27

    No

    N/A

    Ye

    s

    No

    No

    No

    Yes

    No

    No

    No

    Prohibition

    s

    on

    Convicte

    d

    Coup

    Particip

    an

    ts

    Holdin

    g

    Public

    Offic

    e

    Righ

    tto

    Resist

    Non-

    con

    stitutio

    nalA

    cts

    Crimin

    alize

    sn

    ot

    resis

    ting

    cou

    ps

    Crimin

    aliz

    e

    snot

    inf

    ormin

    g

    aboutcoup

    plots

    Crimin

    alize

    sn

    ot

    informin

    g

    aboutcoup

    plo

    ts

    Whistle

    blo

    wer

    Pro

    tection

    Righ

    tto

    Resist

    Non-

    con

    stitutio

    nalA

    cts

    Law

    sthat

    En

    coura

    ge

    Resistan

    ce

    to

    Coups

    (e.g.

    den

    un

    ciation

    of

    plo

    tsan

    d

    non-

    particip

    atio

    n

    inille

    gitim

    a

    te

    gov

    ernm

    en

    t)

    X

    N/A

    X

    X

    X

    X

    X

    X

    X

    X

    Crimin

    al

    Code

    Crimin

    aliz

    es

    Coups

    X

    X

    X

    X

    Con

    stitutio

    n

    Crimin

    aliz

    es

    Coups

    Venezuela

    Thailand

    Spa

    in

    South

    Korea

    South

    Africa

    Russia

    Romania

    N

    igeria

    Canada

    Argentina

    CriminalizingCoups

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    Regime Change by the Book

    39

    procedures for counting the vote, the role of international observers, andwhether President Chavez could run again in the election if he were

    removed from office.

    In the predawn hours of August 16, with initial results projecting abig 58-42 percent win, President Chavez appeared before thousands ofpartisans gathered at the presidential palace to declare victory. Leaders ofthe opposition coalition cried foul, claiming this was massive fraud.

    48

    According to news reports, gunmen fired on an opposition demonstrationlater the same day, wounding seven people including a woman who laterdied.

    49 Former President Carter and Secretary General Gaviria quickly

    announced that their own quick count had confirmed the official results and

    urged the National Electoral Council to allow a transparent audit and toexamine any credible concerns raised by the opposition. After two roundsof audits, and no credible evidence of electoral fraud, the Carter Center

    called on all parties to work together to solve the pressing problems of thecountry.

    50

    Conclusions

    1. Venezuelas popular recall mechanism offers a novel constitutional

    avenue for removing an unpopular president. However, the complexity of

    any recall process and the strain placed on Venezuelas political discourse

    and political institutions may outweigh its advantages.

    The Venezuelan constitutions unusual recall mechanism (article72) has the potential to act as a popular counterbalance to the broad powers

    granted to the chief executive. It offers something like a parliamentarymotion of no confidence but is instead directly controlled, in theory, by the

    voters. At the same time, article 72s requirement that a recall cannot occur

    until halfway through an officials term in office and thresholds for voterturnout and winning majorities protect against frivolous attempts todestabilize an elected government. The mechanism has provided both sides

    an imperfect, but important, incentive to follow the rule of law to settle theirdisputes

    48

    US Withholds Judgement on Venezuelan referendum, Urges Probe of Fraud Claims,

    Agence France Presse, 17 August 2004.

    49For example Venezuela to Hold Partial Audit of Recall, The Associated Press, 18

    August 2004.50

    For a definitive account of the recall process and investigation of the oppositions claims

    of fraud, see Jennifer McCoy, What really happened in Venezuela?, The Economist, 2

    September 2004; available at

    http://www.economist.com/opinion/displaystory.cfm?story_id=3157671

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    Regime Change by the Book

    91

    Within fourteen days of the presentation of the notice, the NationalAssembly must decide whether the allegation should be investigated.

    Investigation requires approval of two-thirds of each house in theAssembly.

    180

    Within seven days of a National Assembly decision to investigatethe charges, the Chief Justice of Nigeria must appoint a non-partisan, seven-

    person panel to conduct the investigation. The panel must report its findings

    within three months of its appointment. If the panel concludes that thecharges have not been proven, impeachment proceedings cease. If the panelfinds grounds for impeachment, then the National Assembly has fourteendays to adopt the report, with the approval of two-thirds of the members of

    each house. If adopted, the president is immediately removed from office.There is no right of appeal.

    181

    Nigerias impeachment provision has been tested several timessince the adoption of its latest constitution. The National Assembly hasthreatened to impeach President Obasanjo three times since his election in

    1999.182

    The most recent and most serious of the cases occurred fromAugust to November 2002. It began when the House of Representativesgave Obasanjo an ultimatum to resign or face impeachment proceedings on

    charges of inadequacies, ineptitudes, persistent disregard for the rule of law,and the obvious corruption being perpetrated in the presidency.

    183 At the

    end of the two weeks, the House and the Senate each drew up a list ofallegations of constitutional violations.

    184 Much brinksmanship and

    political infighting within Obasanjos own party ensued. The situation grewso heated that, given Nigerias history of military coups, some became

    concerned the confrontation could lead to another military takeover, despitea pledge by the countrys top military leader that the armed forces weredfg

    180Ibid: Article 143

    181Ibid

    182See Obasanjos Impeachment Threat Provokes Uproar in Parliament,Panafrica NewsAgency, 19 April 2000, and Nigerias Senate Seeks to Impeach President,Xinhua News

    Agency,7 June 2002.183

    Nigerian Parliament Threatens to Impeach President Obasanjo,Xinhua News Agency,13 August 2002.184

    The majority of the allegations in the last two impeachment efforts seemed to have arisenover the 2002 budget process and accused the president of not implementing the 1999, 2000,

    2001, and 2002 budget acts. This latest effort, however, adds a more serious charge ofordering the massacre of innocent civilians to the list of impeachable offenses. See NigerianSenate Joins Plot to Impeach Obasanjo,Panafrican News Agency,27 August 2002, andNigerian Lawmakers Accuse Obasanjo of Ordering Army Massacres,Associated Press,4

    September 2002.

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    designate a candidate for prime minister in consultation with the parties inthe parliament.

    207 New parliamentary elections are not called.

    The government may also initiate a vote of confidence by assuming

    responsibility for a program, general policy statement, or bill presentedbefore a joint session of the parliament. Upon such a presentation, theparliament has three days to initiate a motion of censure. If passed, thegovernment is dismissed. If the motion is not passed, the bill before the

    parliament is considered passed or the program or general policy statementbecomes binding on the government.

    208

    The only time the parliament can be dismissed is when it has failed

    to grant confidence to a new government within 60 days after the firstproposed government was presented and at least two requests for investiturehave been made. In such instances, the president, after consultation with the

    presidents of both chambers of the parliament and the leaders ofparliamentary groups, may dissolve the parliament and call new electionswithin three months.

    209 The parliament cannot be dissolved more than once

    in the same year, during the last six months of the presidents term in office,or during a state of emergency or siege.

    210

    Impeachment

    The President

    There are two constitutional provisions authorizing the parliamentto remove the president from office. The first provision is used in cases

    where the president is accused of grave infringements of the constitution.The president may be suspended from office for such acts by a majority voteof deputies and senators after they have consulted with the Constitutional

    Court.211

    At least one third of the members of parliament must initiate amotion for the presidents suspension and he or she may explain his or heractions before the parliament. If the motion to suspend the president passes,

    a referendum must be held within 30 days, allowing the public to determinewhether to remove the president permanently.

    212

    207Ibid: Article 110(3)208Ibid:Article 114209Ibid: Article 89(1) and 63(2)210Ibid: Article 89(2) and (3)211Accordingly, in Article 146 the Constitutional Court is authorized, inter alia, to give

    advisory opinion on the proposal to suspend the President of Romania from office.212Ibid: Article 95

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    Regime Change by the Book

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    since the generals had ordered their troops to stay in the barracks, they hadnot forced Chavez to resign. The majority portrayed the generals actions as

    simply that of filling a power vacuum created by the resignation of thepresident. The court, however, did not address the generals active

    participation in undermining the constitution, with respect to theappointment of Carmona and the dissolution of Venezuelas politicalinstitutions, throughout the crisis. Following this ruling, the AttorneyGeneral, Isaias Rodriguez, ended investigations into sixteen other military

    officials who had taken part in the coup.

    Possibly encouraged by the STJs ruling, members of the military

    have taken aggressive public positions against the government in the monthsfollowing that decision. In November 2002, a group of military officers,labeling themselves Comacates, publicly threatened pro-Chavez military

    officers. Around the same time, 14 senior officers peacefully assumedcontrol of a public square and called for the resignation of President Chavez.The ranks of those who occupy the square include some who took part in

    the April coup. The officers have argued that their actions amount toneither rebellion nor insubordination. They assert under Article 350 of theconstitution that their actions are legitimate.

    358

    Instead of prosecuting anyone directly involved in the coup, in atleast two instances, Venezuelan authorities have stretched the laws aimed at

    deterring seizures of power to target members of the opposition. Forexample, two leaders of the massive anti-Chavez strikes of 2002-2003,Carlos Fernandez, leader of the business association Fedecamaras, andCarlos Ortega, president of the countrys largest labor union, were indicted

    on charges of treason, rebellion, and inciting violence for their participationin the economically-crippling strike.

    359 Pending an appeal of his case,

    Fernandez fled to the United States. Similarly, Ortega has spent a

    controversial tenure as a political refugee in Costa Rica. While the STJaffirmed the indictments of rebellion and instigation of violence, both menremain abroad.

    Conclusion

    The Venezuelan constitution has ushered in novel forms of directdemocracy which Chavez has effectively manipulated to centralize power.It is poorly drafted and vaguely worded, with obscure provisions and

    358Joseph Contreras and Phil Gunson, Division in the Ranks,Newsweek, 4 November

    2002.359

    Judge Orders House Arrest for Chavez Foe,Associated Press, 23 February 2003.

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    Democracy Coalition Project

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    THE DEMOCRACY COALITION PROJECT

    The Democracy Coalition Project is an independent nongovernmentalorganization that conducts research and advocacy relating to democracy

    promotion policies at the national, regional and global levels. Begun in June2001 as an initiative of the Open Society Institute, the Democracy CoalitionProject relies on an international network of civil society organizations,

    scholars, foreign policy experts and politicians committed to democracypromotion as an essential element of international peace and humandevelopment.

    The Projects policy agenda covers such areas as:

    Improving international responses to democratic crises

    Encouraging the donor community to support emerging democracies

    Promoting reform of the UN through greater collaboration among

    democratic governments

    The Democracy Coalition Project also plays a leadership role in encouraginga more transparent and active Community of Democracies, an association ofdemocratic states established in 2000 to promote and protect democracy. Its

    flagship publication, Defending Democracy: A Global Survey of ForeignPolicy Trends 1992-2002, which Foreign Policy magazine called one of themost comprehensive research and evaluation tools available on democracy,

    examines the democracy promotion records of forty governments.

    The Democracy Coalition Project was inspired by the inaugural meeting of

    the Community of Democracies in Warsaw, Poland in June 2000, in whichover 100 governments participated. In an effort to advance their commoncommitment to democratic principles, they endorsed the Warsaw Declaration,which commits them to build an association of democratic states dedicated to

    strengthening democratic values and institutions at home and abroad.

    The Democracy Coalition Project is a strategic partner of the Club of

    Madrid, an independent organization dedicated to strengthening democracyaround the world by drawing on the unique experience and resources of itsMembers - democratic former heads of state and government. In partnership

    with other organizations and governments that share its democracy-promotion goals, the Club of Madrid provides peer to peer counsel, strategic

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    support and technical advice to leaders and institutions working towardsdemocratic transition and consolidation.

    Ted Piccone, who designed and edited the report, is Executive Director andCo-Founder of the Democracy Coalition Project. A lawyer and international

    relations expert, he has written and edited books and articles on democracy,human rights and foreign policy.

    Democracy Coalition Project

    International Advisory Board

    Asma JahangirPakistan, Co-Founder of the Human Rights Commission of

    Pakistan and the Women's Action Forum.

    Aung San Suu KyiBurma, Secretary-General of the National League for

    Democracy in Burma. In 1991 she was awarded the Nobel Peace Prize inrecognition of her tireless effort in the struggle for democracy in Burma.

    Bronislaw GeremekPoland, Member of the European Parliament, formerForeign Minister of Poland and a former Member of the Polish Parliament.

    Emeka AnyaokuNigeria, Distinguished Visiting Fellow at the LondonSchool of Economics' Centre for the Study of Global Governance. Mr.Anyaoku is the former Secretary-General of the Commonwealth (1990-2000).

    Emma BoninoItaly, Member of the European Parliament and the formerEuropean Commissioner of Humanitarian Affairs and Fisheries.

    Frene Ginwala South Africa, Speaker of the National Assembly of the

    Parliament of the Republic of South Africa since 1994.

    George Soros United States, Chairman of the Open Society Institute and thefounder of a network of philanthropic organizations that are active in morethan 50 countries.

    John Lewis United States, Member of the U.S. Congress since 1986.

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    Jose Ramos-HortaEast Timor, Foreign Minister of the newly independentTimor Leste. In 1996 Mr. Ramos-Horta was awarded the Nobel Price for

    Peace in honor of his efforts against the oppressive Indonesian control of his

    homeland.

    Madeleine AlbrightUnited States, Chairman of the National DemocraticInstitute for International Affairs. She previously served as Secretary of Stateof the United States and as the United States Permanent Representative to the

    United Nations.

    Michel RocardFrance, Member of the European Parliament and former

    Prime Minister of France from 1988-1991.

    Mohamed SahnounAlgeria, is a Special Advisor to the Secretary-Generalof the United Nations. Previously Mr. Sahnoun was Co-chair of theInternational Commission on Intervention and State Sovereignty.

    Pavol Demes Slovakia, Director for Central and Eastern Europe of theGerman Marshall Fund of the United States based in Bratislava, Slovakia.

    Samira A.S. OmarKuwait, an environmental activist and advocate for

    women's rights.

    Sergey KovalevRussia, Member of the Russian Duma. In 1993 he was

    elected as national ombudsman by the Russian Parliament. He is the formerChairman of the President's Human Rights Commission.

    Sonia Picado Sotela Costa Rica, President of the Inter-American Instituteof Human Rights. She was the first woman judge on the Inter-AmericanCourt of Human Rights and served as its Vice-President from 1992-1994.

    Surin PitsuwanThailand, Member of the Parliament of Thailand and former

    Minister of Foreign Affairs.

    Valentin PaniaguaPeru, the interim President of Peru after the collapse ofthe Fujimori regime. He was first elected to Parliament in 1963.

    Wangari MaathaiKenya, founder of the Green Belt Movement andcurrently Kenya's Deputy Environment Minister. In 2004, she received the

    Nobel Prize for Peace.

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    LIST OF EXPERT REVIEWERS

    *Affiliation for identification purposes only

    Diego Hidalgo, President, Fundacion par las Relaciones Internacionales y elDialogo Exterior, Spain

    Jorge Dominguez, Clarence Dillon Professor of International Affairs,Harvard University, United States

    Kim Campbell, Secretary General, Club of Madrid, Canada

    James Klein, Thailand and Laos Representative, The Asia Foundation,

    United States

    Thomas Remington, Professor and Chair of the Political ScienceDepartment, Emory University, United States

    Yuri Dzhibladze, President, Center for the Development of Democracy andHuman Rights, Russia

    Rotimi Suberu, Professor of Politics, University of Ibadan, Nigeria

    Rut Diamint, Professor of Political Science, Universidad Torcuato Di Tella,

    Argentina

    Jack Greenberg, Professor of Law, Columbia University, United States

    Robert Mattes, Director, Democracy in Africa Research Unit, University ofCape Town, South Africa

    Christina Murray, Professor of Law, University of Cape Town, South

    Africa

    Daniel Berzosa Lopez, Adjunct Professor of Law, Universidad Complutensede Madrid, Spain

    Joseph Tulchin, Director, Latin American Program, Woodrow WilsonInternational Center for Scholars, United States

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    Steven Levitsky, Associate Professor of Government and Social Studies,Harvard University, United States

    Gabriel Negretto, Research Professor, Centro de Investigacin y DocenciaEconmicas, Mexico

    George Rogers, Attorney, Inter-American Development Bank, United States

    Debora Benchoam, Principal Specialist, Inter-American Commission onHuman Rights, United States

    Sook-Jong Lee, Senior Research Fellow, Sejong Institute, Republic of Korea

    Jeong-Ho Roh, Director, Center for Korean Legal Studies, ColumbiaUniversity, United States

    Derek Mitchell, Senior Fellow, Asia Project, Center for Strategic and

    International Studies, United States

    Christopher Sabatini, Senior Program Officer, Latin America and theCaribbean, National Endowment for Democracy, United States

    Peter Quilter, former Senior Advisor, Organization of American States,United States

    Ruben Perina, Coordinator, Unit for Promotion of Democracy, Organizationof American States, United States

    Pedro Villagra Delgado, Coordinator for Strategic Projects, Ministry ofForeign Affairs, Argentina

    Enrique Ter Horst, former United Nations Deputy High Commissioner of

    Human Rights, Venezuela

    Richard Simeon, Faculty of Law, University of Toronto, Canada

    Elizabeth Clark, Associate, Institute for the Study of Diplomacy,Georgetown University, United States

    Alina Mungiu-Pippidi, Acting President, Romanian Academic Society,Romania

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    Sergey Kovalev, Member of the Russian Duma, Russia

    Margaret Crahan, Dorothy Epstein Professor of Latin American History atHunter College, City University of New York, United States

    Charles Sampford, Director, Key Centre for Ethics, Law, Justice andGovernance, Griffith University, Australia

    Jusuf Wanandi, Member, Board of Trustees, Centre for Strategic andInternational Studies, Indonesia

    Yossi Beilin, former Minister of Justice, Israel

    Morton Halperin, Director, Open Society Policy Center, United States

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