The UN Constitutional.”

THE UN CONSTITUTIONAL I A Newsletter on United Nations Issue 1 Constitutional Support Winter 2013/2014 FOREWORD IN THIS ISSUE FEATURED ARTICLES (p.2-7) . Interview with Nicholas Fink Haysom (p.2) . Experience from UNDP’s work on Civic Education in Kenya (p.4) . Comments on the Nature and Importance of “Equal Citizenship” for Political Transitions (p.6) UPDATES FROM THE FIELD & HQ (p.8-15) Graffiti for the Constitutional Assembly in Ecuador during the constitutional review process in 2007. Credit: ak.beck/Flickr . Iraq (p.8) . Liberia (p.9) We, the United Nations Department of Political Affairs (DPA) and Department of . Libya (p.10) Peacekeeping Operations (DPKO), the Office of the High Commissioner for Human Rights (OHCHR), the United Nations Development Programme (UNDP), the United . Mongolia (p.11) Nations Children's Fund (UNICEF), and UN Women are pleased to publish this . Nepal (p.11) inaugural issue of “The UN Constitutional.” . Somalia (p.12) The UN, through its field presence and from headquarters, has been providing . Tunisia (p.13) assistance to constitution-making processes in a number of countries, including in Afghanistan, Cambodia, Iraq, Kosovo and Nepal. In an effort to strengthen system- READER’s DIGEST (p.15) wide information sharing, coordination, and partnership in the area of constitutional assistance, DPA, DPKO, OHCHR, UNDP, UNICEF, and UN Women created an internal coordination structure dedicated to making UN constitutional support to Member ANNOUCEMENTS (p.16) States more effective and efficient. To this end, DPA and UNDP conducted joint constitutional assistance missions to Libya, Sierra Leone, and Somalia in 2013. UN Women Database (p.16) Additionally, the six UN entities have undertaken several joint initiatives to improve . UNDP Arab Consultation: the quality of UN constitutional assistance and better share knowledge and lessons. Protection of Economic & “The UN Constitutional” is one manifestation of our collective desire to raise Social Rights in Post- awareness around the UN of constitutional issues and themes, share information, and Revolution Constitutions strengthen the provision of constitutional assistance. It is also a testament to the depth and breadth of constitutional support provided by UN Missions and Country (p.16) Teams. This issue contains topical articles by constitutional experts, a Q&A with Fink Haysom, the UN deputy chief in Afghanistan, reports from the field, and a digest of SIGN UP recent constitutions-related publications. FOR THE NEWSLETTER Email: [email protected] OnThe June UN Constitutional25, 2003, Neil – Kritz Issue, director 1 of the Rule of Law Program, explored Issue 2013 1 some of the complicated issues surrounding transitional justice and constitution making in Iraq during testimony before a joint hearing of FEATURED: INTERVIEW WITH FINK HAYSOM our efforts have been occasional, Interview with Nicolas “Fink” spread through the UN system and without a focal point to gather, Haysom evaluate and develop best practices. I Questions by The UN Constitutional Team would hope that the DPA initiative to establish this unit may reverse this. Overall, I am encouraged by the institutions – had no traction for any belated recognition of the importance Q. The UN provides constitu- Tutsi interlocutors in the Burundi of constitutionalism for peace building. tional support in post-conflict/ Peace Negotiations. They had no faith There has been, notably, a growing transitional states and stable in, and no experience of, independent appreciation of both constitutional states. Are there significantly and robust protection of their design as well as constitution-making different dynamics to constitution- fundamental rights – including the processes in laying a foundation for making in these different contexts? right to life – by the courts. As a inclusive, stable democracies. If so, what are some of them? result they preferred to rely on establishing ethnic balances in the armed forces – an expedient and Q. What issues tend to reoccur A. The most significant difference is short term solution. in constitution making in post- that stable states tend to have conflict and transitional states stronger institutions, both political and Q. In what ways has the UN’s that the UN should be prepared to judicial. This allows for a wider range address/support? of constitutional options, as well as approach to constitutional assis- more meaningful guarantees in tance evolved during your years respect of promises that the working as a constitutionalist? A. As regards constitutional design constitution makes. For example, the in the post-conflict setting, the one kind of constitutional assurances that A. UN constitutional support still set of related issues that is an almost the South African Constitution is remains underdeveloped compared for ubiquitous challenge are those that premised upon – equality and human example to UN assistance in the relate to creating a political framework rights enforced by robust judicial Electoral field. In part this is because that is inclusive – that broadens common ownership of the polity and lays the foundation for a common citizenship. Ironically, this may require recognizing, not denying, diversity. In most post-conflict situations, especially where the conflict follows identity based fault lines – ethnicity, religion, culture – the challenge is to recognize those fault lines whilst also creating structures for, and an interest in, collaborative management of the society as a whole. In other words, how can citizens manage a common destiny while finding real possibilities to express their distinct sub-national identities? Where sub-national identities have a geographical basis, the tension lies between autonomy/ federalism/secession and national integration. This will play out in regard to natural resource sharing, official Fink Haysom, UNAMA Deputy Special Representative for the Secretary-General for Political Affairs on an official visit to Faizabad (Afghanistan) in July 2013. state religions and languages, human Credit: Fardin Waezi/UNAMA rights protections, and the division of The UN Constitutional – Issue 1 Issue 2013 2 FEATURED: INTERVIEW WITH FINK HAYSOM power between the regions and the center. Nicholas "Fink" Haysom Mr Haysom is the current Deputy Special Representative Q. What are 2-3 lessons you of the Secretary-General for Afghanistan (Political have learned from your years of Affairs). Prior to this, from April 2005 to mid-2007 he was providing constitutional support? the Head of the Office of Constitutional Support in the UN Assistance Mission for Iraq (UNAMI). A. Firstly, process is important. mous amount that can be learnt from The wrong constitution-making other societies” success and failures. Q. It is said that in each process can stifle the possibility of the It is, in my view, a duty for best result. If the object of a constitutional negotiation there constitution-makers to do exhaustive constitution is an inclusive, democratic are typically one or two "magical research into the comparative treat- society, then the process must also moments" when deadlocks are ment of the issues which they are encourage broad ownership and broken and a tipping point to- dealing. Constitution-makers are participation. The notion of a few wise wards consensus is achieved. Can frequently held hostage by their own “men” drafting a good constitution has you share with us one such national histories, their own limited been broadly rejected – no matter moment from your experiences? knowledge of institutional possibilities. how technically sound the result. The particular contribution that the A. In resolving difficult issues, I United Nations can make is to broaden Secondly, in regard to both design am struck that the difference between the constitutional imagination of those and substance, constitution-making glorious success and disastrous failure who have the heavy responsibility of can be a profoundly disaggregating, is very thin indeed. I recall a moment designing their country’s constitutions. fragmenting experience. This is in the Sudan Peace Talks when the especially so in post-conflict countries, It follows from my belief in the value parties had actually determined to the ones most likely to relapse into of comparative knowledge that I do abandon the talks over a disagree- conflict. Divisions will manifest and not think one should be coy in ment on a question of defence indeed be brought out sharply - as “expanding the imagination” of governance – the size of the joint they must be. For this reason, one constitution-makers by sharing one’s armed forces in the future unified should approach constitution-making knowledge. Of course, making a con- Sudan pending the referendum on with the twin obligations of: (1) stitution is still a supremely sovereign secession. A last minute mediation transparent and candid engagement act and cannot be imposed. However, proposal (rather simply splitting the of the country’s divisive problems; (2) that sovereignty is exercised by difference) magically changed the but also of maximizing the nation- making choices – not by repeating mood, secured a respite, caused bags building moment of constitution- mistakes. to be unpacked, and lead to the making, the celebration of shared and comparatively swift conclusion of the common values. In addition, the better approach to talks. Another example of the pheno- constitution-making is to treat it as menon was in Iraq. The divisive issue Thirdly, one is never an expert, but a

Load more