Luis Bedoya Reyes

Report
National Democratic Institute
for International Affairs
1717 Massachusetts Ave., N.W., Suite 605
Washington, D.C. 20036
(202) 328.3136
Telex 5106015068 NDIIA

ARGENTINA:

INTERNATIONAL CONFERENCE ON CONSTITUTIONAL REFORM



April 23-25, 1987

Buenos Aires, Argentina
The National Democratic Institute for

International Affairs (NDI) conducts nonpartisan

political development programs overseas. By working

with political parties and other institutions, NDI

seeks to promote, maintain and strengthen democratic

institutions and pluralistic values ixi new and

emerging democracies.



NDI received bipartisan acclaim for organizing the

international obseiver delegation to the "Snap"

presidential elections in the Philippines. NDI has

also conducted a series of democratic development

programs in nearly 30 countries, including Argentina,

Barbados, Brazil, Chile, Haiti, Nicaragua, Northern

Ireland, Senegal, South Korea, Taiwan, arid Uruguay.



I am not an advocate of frequent changes
in laws and constitutions. But laws and
institutions must go hand in hand with the
progress of the human mind. As that
becomes more developed, more enlightened,
as new discoveries are made, new truths
discovered and manners and opinions
change, with the change of circumstances,
institutions must advance also to keep
pace with the times. We might as well
require a man to wear still the coat which
fit him when, a boy as civilized society to
remain ever under the regimen of their
barbarous ancestors.



Thomas Jefferson






TABLE OF CONTENTS
Executive Summary

General Conclusions

Introduction

Part I: Background
Page

iv


1

2
A. Alfonsin's Initiative for Democracy
B. The Argentine Constitution
C. Council Report
D. NDI Consultation, October 1986
Part II: International Conference on
Constitutional Reform
6
A. Session Reports
Part III: Evaluation 25



APPENDIX A - List of Participants

APPENDIX B - Agenda
I.
II.
III.







EXECUTIVE STThII4ARY


NDI's ongoing project on constitutional reform options
for Argentina culminated in a major international
conference, which took place as the country's civilian
government faced its greatest challenge since the
restoration of democracy in 1983.

The April 23-25 gathering in Buenos Aires included some
30 political leaders and constitutional scholars from
Europe, Latin America and the United States. They were
joined by a counterpart group of 30 leading political
figures and scholars from Argentina, drawn from the
country's two major political parties -- the Union Civica
Radical and the Partido Justicialista (Peronists).

Argentine President Raul Alfonsin launched the
initiative to reform the national constitution as part of a
national program to modernize the system of government and
contribute to the consolidation of Argentine democracy.
Alfonsin, who met with conference delegates at his
residence, has cited constitutional reform as a major
element in bringing greater stability to Argentina's
democracy. He praised the conference as a display of
international solidarity with Argentine democracy.

NDI was asked by the Radical and Justicialista parties
to sponsor the International Conference on Constitutional
Reform in order to analyze the issues and improve public
understanding of options for reform. The conference was
organized and sponsored in cooperation with the West German
Friedrich Naumann Foundation and three institutes
representing the Radical and Justicialista parties -- The
Arturo Illia Foundation for Peace and Democracy (FAI), The
Foundation for the Change in Democracy (FuCaDe), and The
Foundation for the Coordination of Growth (FUNCRE).

Among the panel topics for the three-day conference
were: 1) constitutional reform -- the development.of an
accord for national unity; 2) legislative organization and
functioning; 3) individual, social and economic rights and
their constitutional guarantees; and 4) the strengthening
of political representation and participation.
S

General Conclusions:

The goals of the conference were well met, and the
achievements can be summarized as follows:
0
1. the Justicialista and Radical parties
convened for a constructive, cooperative
exchange of ideas on major national
issues;
2.the Argentines expressed satisfaction at 9
having been able to profit from the ex-
perience and expertise of a diverse and
distinguished international delegation;
3. the study of the strengths and
weaknesses of various systems offered S
valuable insights on such reform options
as a semi-presidential system, a
parliamentary legislative branch, a
strengthened senate, and constitutional
guarantees;
0
4. the timing of the conference -- in the
wake of the military mutiny -- demon-
strated international support for
Argentine democracy, capitalizing on the
widespread publicity to launch the
national debate on constitutional 0
issues.

The following points summarize comments made during the
conference sesions. These points illustrate the presence
or absence of a consensus on respective issues of
constitutional reform. The conference participants agreed
that:
1. modern Argentina is in need of a
constitution that reflects the national
spirit and consolidates Argentine
democracy, (national consensus will be
the guiding force of the constitution,
which in turn will be the guiding force
of Argentine democracy);

2. diverse provinces and social sectors can
best remain united under a federalist
system;

3. Argentina could benefit from a
strengthened senate, whose federalist
role makes it the voice of the provinces
(several comments suggested moving to a
parliamentary form of legislature);
4. decentralization of the social,
economic, and political power structure
will enhance the democratic process;

5. political parties play an integral role
in a pluralistic system, and that the
constitution should protect the
pluralistic system and secure the role
of an effective, involved opposition;
and

6. a semi-presidential system, introducing
the position of prime minister, would
share the responsibilities and dilute
the power of the executive branch (this
reform could further streamline
legislative-executive relations and
strengthen the system of checks and
balances).

Consensus was not reached on whether:

1. Argentina's present political climate is
opportune for undertaking a major reform
initiative (prevalence of the public's
democratic sentiment is tempered by the
risks of making rapid changes during a
time of instability); nor

2. individual, social and economic rights
should be guaranteed in the text of the
constitution (above and beyond the
protection of fundamental human rights
and civil liberties, there was not
consensus on the range of rights to be
guaranteed nor on the institution
responsible for pursuing and upholding
these rights -- i.e., constitutional
text or government policy)
INTRODUCTION

The institutional problems facing Argentina's democracy
include a powerful presidency, an election system that
places party affiliation over individual qualifications,
and weak or nonexistent congressional oversight.

There is general agreement among the political parties
on the need to restructure the Argentine Congress.
Theoretically, the Argentine Congress is vested with the
same powers as the U.S. Congress. In fact, a strong party
system prevails. Members of the Argentine Congress owe
their allegiance, and their election, to their respective
parties rather than the constituencies they represent.
Strict party discipline prohibits open voting on policy
issues. Thus, the minority party becomes largely
irrelevant, except for its ability to obstruct the
legislative process. The system is also hampered by
overlapping committee jurisdictions and difficulties in
convening a quorum.

During Easter week 1987, just days before NDI's
constitutional reform conference, Lt. Col. Aldo Rico and
his followers sparked a national crisis when they mutinied
at the Campo de Mayo army base outside of Buenos Aires.
Many of the mutineers had been among several hundred
officers indicted on charges of murder, kidnapping, torture
and other crimes committed during the campaign against
leftist guerrillas and other dissidents in the mid 1970's
to early 1980's. The military insurgents refused to accept
civilian court jurisdiction in the human and civil rights
cases. They demanded a shake-up of the army's high command
and immunity for officers who, in their view, had acted
under "due obedience" to orders for the illegal repression
given by their superiors.

On the day the mutiny began, President Alfonsin
addressed the Congress. He described the grave
implications of the revolt:

This is not the temperamental reaction of one
man. On the contrary, it is a premeditated
maneuver by a group of men whose objective is
to establish a situation that would force the
government to negotiate its policy... Their
intent is to impose on constitutional
authorities legislation establishing impunity
for those condemned or tried in connection
with human rights violations committed by the
previous dictatorship. In no way can we
accept such blackmail. It is contrary to our
democratic conscience, our Constitution and
to the rules and regulations governing our
armed forces based on the concept of
discipline. The era of coups has ended
forever. Argentine democracy is not
negotiable.
S

Public support for Alfonsin and democractic rule was
overwhelming. On Easter Sunday hundreds of thousands of
citizens poured into the streets; political parties,
unions, civic and nongovernmental organizations signed
pacts of solidarity, and a general strike in opposition to 0
the military rebels was contemplated. That afternoon,
President Alfonsin announced to the huge crowd at the Plaza
de Mayo that the crisis was resolved and the rebels had
surrendered.
/

Despite the successful outcome, the fragility of S
Argentina's governmental system had been dramatically
underscored. The institutions that form the fabric of
successful democracies -- a vigorous legislature, an
independent judiciary, a protected and nonpartisan civil
service, active interest groups and a loyal, disciplined
military -- are uncertain entities in today's Argentina. 0

The objective of NDI's programs in Argentina was to
facilitate debate and consensus on constitutional and
legislative reform that would help consolidate Argentina's
democracy.
0

PART I: BACKGROUND


Following a year of correspondence between NDI and the
Arturo Illia Foundation for Peace and Democracy (FAI), NDI 0
was invited in September 1985 to participate in a three-day
seminar in Buenos Aires on congressional reform,
co-sponsored by the FAI and West Germany's Friedrich
Naumann Foundation. The seminar focused on the role of the
Congress and its relationship with political parties,
interest groups, and other branches of the Argentine
government. Discussions at the seminar addressed reforms
that would strengthen the legislative branch, and how these
might be achieved.

Soon after the seminar, the Argentine political
leadership began to explore broader reform issues -- such
as constitutional reform and the restructuring of the
governmental system -- to strengthen the country's
democracy.


A. ALFONSIN'S "INITIATIVE FOR DEMOCRACY"

On December 24, 1985, President Alfonsin created a
Council for the Consolidation of Democracy (referred
hereinafter as the Council), and in March 1986 asked the
Council to gather background information on constitutional
reform, seek opinions and recommend issues for possible
amendment. The reform initiative was posed as the
consolidation of the governmental system through a
streamlining of the state's administrative structure, the
modification in the functioning of the judicial branch and
the relationship between the executive and legislative
branches. Alfonsin asked the Council to study
constitutional reform with these objectives in mind.

According to Alfonsin, the growing concentration of
decision-making power in Buenos Aires must be reversed in
order to strengthen the power of the provinces, the
autonomy of city halls, and the capabilities of state
enterprises. The decentralization process would not only
be valuable in itself, Alfonsin said, but would help to
assure the direct participation of the population in the
decision-making process. "Democracy will not be a
privilege that is only occasionally practiced," he said,
"but will become a daily event."

Alfonsin further proposed moving the national capital
from Buenos Aires to Viedma, Patagonia and upgrading
territories and less developed regions to the status of
provinces. This, he argued, would promote decentralization
of the economic, social and political power presently
concentrated in Buenos Aires and fortify the federalist
responsibilities and benefits of the provinces.

Alfonsin said "the democratic system will be
strengthened through a public discussion and debate on
constitutional reform." It was on this premise that NDI
initiated the International Conference on Constitutional
Reform.

B. THE ARGENTINE CONSTITUTION

Throughout its history, Argentina has encountered
difficulty in reconciling the differences that stand in the
way of establishing a national constitution. The principal
forces in the constitutional debate have been the urban
leadership (portenos) of Buenos Aires and the competing
interests of the provinces. For the first 50 years after
independence from Spain, Argentina was without an official
constitution. The people of the provinces had rejected
proposed drafts of 1819 and 1826 because the centralization
of power ran contrary to provincial ideals of federalsim.

Similarly, the 1853 constitution was not totally


accepted until 1859. Tensions between the provinces and
portenos led to a civil war that ended in victory for the
provinces. The oortenos agreed to join the republic on the
condition that Buenos Aires would be made the capital, and
the constitution was finally ratified for use in the
Argentine country as a whole. The document was a
compromise between the opposing interests; strongly
federalist in form, it showed clear unitarist influences to
appease the portenos. Modeled primarily on the U.S.
system, it provided for a federal republic consisting of a
presidential executive, a bicameral legislature, and a
federal court system headed by the independent Supreme S
Court. The provision of a strong executive, given powers
of intervention in the provinces, was included to hold the
diverse provinces together.

In 1949, the government of Gen. Juan Domingo Peron
revised the constitution. The revisions represented,
according to the preamble, the "irrevocable decision to
constitute a nation that is socially just, economically
free, and politically sovereign." In effect, the Peronist
constitution strengthened the economic power of the federal
government at the expense of the provinces and private
enterprise. It also enabled the president to dominate the 0
legislative and judicial branches. When Peron fell from
power in 1955, the reformed Constitution was cancelled by
decree and the 1853 constitution was reinstated. The 1853
document, with minor revisions, governs Argentina today.
C. COUNCIL REPORT 0

On March 13, 1986, President Alfonsin asked the Council
to seek the opinion of diverse sectors of Argentine society
on the need to reform the 1853 constitution and the
possible items to be included in an eventual and
comprehensive constitutional reform package. Alfonsin 0
asserted that "the democratic system will be strengthened
through a public discussion and debate on constitutional
reform." The initiative of the president in debating
constitutional issues is premised on the need to develop an
accord for national unity.
.9
On October 7, 1986, the Council came back to the
president with its findings in a published preliminary
report (referred hereinafter as the ReDort). A synopsis of
the findings is outlined in the individual session reports
on the conference, under the heading "At Issue." In its
general conclusion, the Council stated: S

Summing up, a majority of members of the
Council believes that, if the process of
amendment is carried out trying to keep a
broad agreement basis throughout, it may
prove beneficial for Argentine society as a 9
way to renew a pact of union around a
fundamental core of ethical principles, and
to bring up to date government mechanisms
that will allow for a better balance and a
decentralization of the various federal and
provincial powers.

It is clear that (Argentines) do not
want a (radical change) of the Constitution.
On the contrary, they want its fundamental
principles to be preserved. It is felt that
what is needed is to extend and strengthen
the rights and guarantees connected with
man's freedom and dignity the preservation of
which is indispensible for the validity of
reform proceedings.


D. NDI CONSULTATION. OCTOBER 1986

Following the 1985 congressional reform conference, NDI
began discussions with the Council, the Radical and
Justicialista party foundations, and the Friedrich Naumann
Foundation to organize an international conference on
options for constitutional reform.

In October 1986, NDI sponsored a consultation in
Washington with a delegation of Argentine congressmen and
academics. During the consultation, the visitors --
representing the Radical and Justicialista parties, and the
Council -- provided individual assessments of developments
in Argentina's constitutional reform program. They
highlighted major issues such as the nature of political
participation by the public, the role of political parties,
and the relationship of the Church and military under the
constitutional system.

After discussing these issues with MDI and several
Washington-based specialists and academics, it was decided
that the conference would have three general objectives:

a) to focus discussion among key
politicians and scholars from Argentina,
Europe, and the Americas on the
implications of reform options under
consideration in Argentina;

b) to strengthen the dialogue between
government and opposition in designing
constitutional changes which would be
efficacious and enduring;

c) to demonstrate international solidarity
with Argentine democrats.
S

PART II: INTERNATIONAL CONFERENCE ON

CONSTITUTIONAL REFORM
0
MDI was asked by the Union Civica Radical and
Justicialista parties to facilitate a debate on the issues
of constitutional reform that would promote public
understanding of these issues. It was the hope of NDI and
the Argentine hosts that the Conference would encourage
consensus on constitutional reform through sharing the 0
experiences of key practitioners and scholars from other
democratic nations.

The conference was held in Buenos Aires from April
23-25, 1987. MDI invited some thirty prominent delegates
from democratic nations -- or, as in the case of Chile, 0
democratic leaders from authoritarian countries -- to
represent a wide variety of constitutional models and
which, in some cases, have written new constitutions
recently or amended existing ones. See "Appendix A" for a
list of those participatinQ.
0
These participants were joined by a group of 30 leading
political figures and scholars from Argentina, drawn from
the country's two major political parties and led by the
heads of the hosting foundations: Francisco Delich from
FuCaDe, Dante Giadonne from FAI and Sen. Diego Guelar from
FUNCRE. Minister of the Interior Antonio Troccoli, Radical
Sen. Fernando de la Rua, and Justicialista Party leaders
Italo Luder and Antonio Cafiero made appearances at the
conference.

The conference was structured to favor open discussion
centered around a few key themes rather than formal 0
presentations. Free exchange of ideas ensued. The
Washington consultation had identified four themes for
discussion at the conference that were later expanded to
seven specific topics, addressed in seperate sessions
during the three-da~' conference. The themes were:
S
a) developing a national accord for
constitutional reform;
b) federalism;
c) strengthening political representation and
participation;
d) apportioning the powers, functions and

responsibilities of government;
e) constitutional guarantees of individual and
social rights;
f) organization and functions of the
legislature;
g) constitutional consideration of economic 5
issues.

Discussion of these themes was preceded by a ceremonial
opening (Session I) at the University of Buenos Aires Law
School. It was concluded with summary reports from the
moderators of Sessions Ill-ViII, and closing remarks
(Session IX)

The bulk of the sessions (Sessions Ill-VIII) were
scheduled concurrently on the second and third days to
expand the range of issues for discussion. The size of the
groups was kept small. This facilitated dialogue.
Participants shared specific areas of expertise with their
Argentine counterparts. Each session was led by a moder-
ator and was conducted in a roundtable forum. The ses-
sions, nine in all, were held at the University of Buenos
Aires Law School and the Plaza Hotel conference rooms.

A. SESSION REPORTS

This section discusses the nine sessions of the
conference. The name and title of the Session Moderator,
the key points at issue on the session topic (including a
synopsis of the Council's Report on the topic), a summary
of the discussion from the closing plenary session by the
Moderator, and a full report of the discussion by
international and Argentine participants, are presented.
See "Appendix B" for the formal aQenda.


SESSION I

Opening Remarks:
Overview of Constitutional Reform and
the Situation in Argentina


The opening plenary session featured welcoming
statements by NDI Chairman Walter F. Mondale, who led the
U.S. delegation, and Argentine Minister of the Interior
Antonio Troccoli, who represented President Alfonsin. These
statements were followed by remarks from the Leads of the
three Argentine host party foundations -- FAI, FUNCRE,
FuCaDe -- and the President of the Council for the -
Consolidation of Democracy.

In his opening words, Mondale told the conference, "We
are here to share our experience as democrats, as
politicians, as scholars and by sharing our widely varying
perspectives, to advance the dialogue and enrich the
national debate on the issues of constitutional reform in
Argentina." Mondale praised Argentina's commitment to make
democracy a permanent feature of Argentine society rather
than a temporary interlude. He said the participants at
the conference, gathered from the democracies of the world,
had come to underscore international support for that
commitment.
< 0

Referring to the recent mutiny, Mondale also noted that
the democratic system had been strengthened by the
overwhelming support of the Argentine people. "It is only
when a nation's citizens make a personal investment in
democratic government that freedom will thrive," he said. 0

Troccoli, noting President Alfonsin's efforts to
resolve the military crisis, said the Argentine president
was unable to make his planned presentation at the
session. Troccoli emphasized the need for a renewed
commitment by all sectors of Argentine society toward 0
consolidating democracy. On Alfonsin's behalf, he
reaffirmed the government's commitment to explore the
establishment of a parliamentary or semi-parliamentary
system and an executive branch that would divide
responsibilities between a president and prime minister.
President Alfonsin and the Council had previously urged 0
these changes, saying they could add much needed strength
and continuity to the legislative branch, as well as
flexibility to the system.

Dante Giadone, chairman of the Arturo Illia Foundation
concentrated his remarks on resolving the rift between the 0
military and the civilian government. He stressed the need
for close study of the military in future deliberations on
constitutional reform. Giadone said FAI and the ArgentThe
people wanted to rescue the military, rather than crush it,
but that the values expressed inside the barracks must be
made compatible with the values of society before this can 0
happen.

Diego Guelar, the chairman of FUNCRE, conveyed his
foundation's emphasis on the concept of democracy as a
participatory, as well as representative, system. He
suggested that the Democratic Pact signed by the parties on
Easter Sunday be enacted as law. The chairman of FuCaDe,
Francisco Delich, focused on the need to consolidate
diverse sectorial interests in Argentine society, and to
integrate these interests with those of the state.
Fairness and strength of representat>~n should be stressed
even at the expense of efficiency, he said, because recent
Argentine history illustrates that there can be no such
thing as "too much democracy." Delich also raised the
issue of the overconcentration of economic and political
power in Buenos Aires.

In closing the session, Dr. Carlos Nino, coordinator of
the Council for the Consolidation of Democracy, explained
the Council's origins and its function of advising the
president on the structural changes involved in
transforming the Argentine government to a stable and
working democracy.
0
Nino presented several stipulations which, he said,
would assure successful reform. He warned that reform is
not wise during a time of national crisis and dissent.
Therefore the reform movement should proceed with caution
until the current military unrest was stabilized. He
agreed that the current situation called for increased
efforts to reach consensus across all sectors and strata of
Argentine society. A partial, limited proposal for
constitutional reform would then be made. Nino stressed
that the present structure of the Constitution should be
maintained and that flexibility and areas open to
interpretation -- characteristics to which he attributed
the longevity of the U.S. Constitution -- remain written
into its text.

In regard to exploration and implementation of reforms,
Nino encouraged the Congress to create and elect a
constituent assembly that would draft reform proposals. He
further urged the Congress to define its by-laws and
powers. He advocated the proposal of the Report that
recommended a semi-presidential system, similar to that of
France, where the executive branch power would be shared by
a president and a prime minister. Finally, Nino commended
the purpose of the NDI-sponsored conference. "A
constitution should ultimately seal the union of our
country, which requires both the study of national issues
as well as the achievement of consensus among the Argentine
people, a process that begins with the kind of discussion
we are holding here this week," he said.


SESSION II

Constitutional Reform:
Developing an Accord for National Unity


MODERATOR: Enrique Tango Vasquez, Vice President of
Uruguay.

AT ISSUE: In this session the presenters and participants
explored the preparations that go into the making of a new
constitution. Specifically they considered how to achieve
and then channel consensus in the process of
"consolidating" a democracy through constitutional reform;
what determines whether amendments or a complete rewriting
of a constitution is more appropriate; and how the
resulting changes can be used to achieve a greater sense of
national unity and civic responsibility.

The majority of members on the Council conclude that
partial amendment of the 1853 Constitution is "necessary
and timely." Their report states that "the existence of a
national consensus on the need for constitutional reform
makes this particular moment suitable for undertaking it."
Others, including leading Argentine newspapers,
constitutional law authorities and a small group within the
Council voice strong reservations about the need for
reform. Not only is it unwise to amend the Constitution
when the country is politically unstable, they argue, but
the real blame for past crises in democracy rests with
those who observe and enforce the Constitution, not the
Constitution itself.

DISCUSSION SUMMARY: Most participants felt that the
momentum of public interest in constitutional reform and 0
support for democracy resulting from the military threat of
the previous week should not be lost. The need for caution
during a time of instability was noted, as well as the
necessity of achieving national consensus on the
fundamental issues before attempting to implement reforms.
Many pointed out that reform should be directed at 9
promoting pluralism, a workable system of checks and
balances, and institutions that support democracy.

DISCUSSION: The session began with prepared presentations
by representatives of the Argentine delegation. These were
followed by comments from the international participants. 0
Three presenters gave their respective opinions on the
strengths and weaknesses of the present system in
Argentina. They described the various issues that should
guide considerations of constitutional change. The issues
ranged from the "social contract" of the 1949 Peronist
constitution to principles of Latin American political and 0
economic integration. All agreed, however, that the ideal
timing of the conference and unprecedented increase in
national unity supporting democracy, made this the
opportune moment to consider constitutional reform. The
second speaker, FAI Vice President Dr. Fernando Moreno,
reflected the optimism that pervaded the three-day 0
conference:

The popular mobilization among all sectors
during the April 12-19 crisis here in
Argentixia has given us a great start by
providing our cause with the importance, the 0
relevance, the validity, and the momentum for
debate and understanding on issues of
constitutional reform that it never had
before.

Vice President Tango then turned the floor over to the 0
international delegates for their comments. He requested
they draw from their respective experiences on the subject
of constitutional change.

Julio Subercasaeux, vice president of Chile's "Group of
24", noted that, "In Chile, we are paying for the 0
concentration and misuse of power that exists in our
country." The need to promote pluralism and the
institutions of democracy was the overwhelming theme among
the participants. Many cited the authoritarian tendencies
still existing in certain sectors of Argentina (as
evidenced by the events of April 16-19). Therefore, no
measures should be spared to achieve deep and all
encompassing democracy.

Several participants gave synopses of their respective
constitutions and the events surrounding its creation or
amendment. While the majority of the comments stressed the
importance of achieving national consensus on reform, there
were words of warning from both Judge Abner Mikva of the
U.S. and Antonio Garrigues Walker from Spain.
Overemphasizing consensus, they said, could confuse and
impede the process of reform. It was preferable that
consensus be left for only the most fundamental issues
(i.e. building the foundations of the system, supporting
political institutions, and delineating the rules by which
a nation's citizens will agree to live). Mikva suggested
further adjustments and improvements could then be made
building on these foundations and supported by the
democratic machinery. Garrigues Walker said democracy
"consists in knowing how to live in disagreement."


SESSION III

Federalism


MODERATOR: Manuel Fraga Iribarne, Spain, member of
parliament, deputy chair of the European Democratic Union,
former president of the Popular Alliance Party and minister
of state.

AT ISSUE: This session addressed the improvements that
could be made to "streamline Argentine federalism", the
specifics of the representative system, and the nature of
the relationships among municipal, provincial and federal
entities. Each of Argentina's 22 provinces has its own
government with executive, legislative and judicial
branches corresponding to the federal system. Tensions
between the outlying provinces and the federal
administrators of Buenos Aires have long been a source of
instability.

The Report's underlying theme on the issue suggests
that the federal government exercise only those powers
expressly delegated to it by the provinces. To consolidate
the ideal of federalism, the Council further proposes that
the municipalities be granted the power to draw their own
charters, elect authorities and fix municipal tax rates.

The Report advises that changes be made to bolster the
Senate's role as tribune for the provinces and thereby
defender of the federal system. This would be accomplished
primarily through the Senate's role as a review body for
legislation and presidential appointments. A proposal to
amend this section of the constitution is aimed at limiting
the federal government's ability to intervene in the
provinces for "guaranteeing" the republican form of
government.

DISCUSSION SUMMARY: Fraga reported that participants in
Session III had noted the practical advantage of
unitarianism, but had overwhelmingly agreed that a country
of such diverse provinces and sectors could only remain
united under a system of federalism. Citing both the
historical capital-province tensions and the abuses of
executive branch power in the last half-century, most of
the participants stressed further decentralization of the
power structure.
DISCUSSION: The international participants began by 0
discussing the systems of their respective countries,
outlining the levels of autonomy and areas of
responsibility at each level.

The Argentine participants displayed little
disagreement on the shape of federalism. They argued
strongly for some decentralization and recognition of
provincial autonomy. Sen. De La Rua put forth the Radical
Party's suggestion that a revision in the function of the
Argentine Senate to a legislative review chamber would
preserve the representation of the provinces. To allow the 0
provinces a stronger voice would relieve much of the
tension and the threat to democracy.

Many of the participants brought up issues of funding.
Decentralization has its own economic costs. Giving the
provinces more responsibility would relieve some of the 0
fiscal strains on the federal budget. However, the
efficiency of decision- making and implementation from a
highly centralized government would be lost. Moreover,
historically many provinces were unable to fulfill their
fiscal obligations. As a re-~.ult, services for which those
provinces were responsible (i.e. public schooling, health
care) were badly deficient.

Other participants argued for a system that would
produce more informed decision-making from the provinces.
Some provinces, they said, have much to gain through
programs that would increase their share of tax and
production revenues. This issue is one of acute concern to
state and province interests, given Argentina's economic
and debt insecurities.
SESSION IV

Strengthening Political Representation and Participation:
Constitutional Recognition of Political Parties,
Nongovernmental Organizations and Civic Associations


MODERATOR: Rafael Caldera, former president of Venezuela.

AT ISSUE: Major issues included ways to enhance political
participation by strengthening and institutionalizing the
political parties -- in particular, the fostering of the
role of a "loyal opposition." It is widely believed that a
functional and influential opposition is key to the
continued consolidation of the democratic process in
Argentina.

Participants debated the appropriate role played by the
constitution on these issues. Nongovernment and civic
organizations -- such as religious groups and lay groups --
were also discussed in the context of strengthening the
processes of political representation and participation.

The Report has several recommendations on these
issues. The first suggests that Congress be granted a
constitutional prerogative to create an Economic and Social
Council with advisory functions. The council would channel
the participation of multiple interest groups in cases
where legislative decisions concerning the distribution of
wealth and the improvement of social conditions are
disputed.

The Report also recommended that the principles of
direct and universal suffrage be spelled out in the
Constitution, but that the current law of compulsory voting
be eliminated.

The Council's most significant proposal concerns
political participation. The Report advocates that the
Constitution include provisions for more frequent and
direct citizen participation through plebiscites,
referenda, people's initiatives, and consultation.

DISCUSSION SUMMARY: Caldera commented on the trend in the
last half-century of including language on political
parties in newly-written constitutions. The most
contentious issue of the session was constitutional
provisions for funding of these parties. Some participants
stressed-the need to provide money for new or minority
parties. Others, however, expressed fear that opposition
parties could be rendered impotent if the government
controlled the purse strings of parties. Caldera said
pluralism and a legitimate channel for an opposition voice
must be promoted by the Constitution to achieve a
successful and balanced democracy.

DISCUSSION: Throughout Session IV, participants stressed
that efforts to foster the long-term preservation of

0
pluralism hold top priority in future reform proposals.
Repeatedly, the Argentine participants cited insufficient
avenues of representation for the diverse and myriad
sectors of Argentine society as a major cause of political
unrest and destabilization.

The debate on whether there should be constitutional
consideration of political parties was extensive. Many,
such as Dr. Bolivar Lamounier of Brazil, pointed out the
critical role that parties must play in making a
pluralistic democracy prosper, particularly in countries 0
like Brazil and Argentina where the infrastructure is
undeveloped. Garrigues Walker expanded on this point,
citing the function parties can serve as a "framework for
stimulating voter participation, civic education and
intellectual discourse.

The issue of funding arose as a major concern. Caldera
described provisions in the Venezuelan constitution
allowing for the funding of political parties in proportion
to the results of the previous national elections.
Castillo reported that in Costa Rica the political parties
are highly developed and are considered basic institutions
of the democratic system. Accordingly, he said, the state
gives almost 27 percent of GNP to finance this "fundamental
support of democracy." Comments on the Portuguese
Constitution by Dr. Rui Machete stressed financial
provisions in the constitution specifically aimed at
newly-formed parties which, without some initial source of
funding, would never be able to represent their
constituencies. The participants agreed such funding is
most appropriate for developing countries in which
constituencies, though large in number, may have very
little money to spend on politics. Eduardo Moreno, vice
president of FAI, noted that these remarks were
particularly relevant for Argentina's parties which he
described as "finacially poor in a relatively rich land."

Reservations were expressed by the participants from
C1,ile. Eduardo Jara Miranda and Julio Subercaseaux warned
against too much government interference in the financing 0
and organization of political parties. For Jara-Miranda,
such a relationship raised the specter of a "terrifying
strategy of control" by a strong executive or authoritarian
regime.