The UN Constitutional

THE UN

CONSTITUTIONAL I

A Newsletter on United Nations Issue 4 Constitutional Support Spring 2015

IN THIS ISSUE

“The UN Constitutional” team is pleased to publish the fourth issue of its The UN Constitutional team comes newsletter featuring articles by constitutional experts, reports from the field, from the following agencies: and a digest of recent constitutions-related publications.  UN Dep. of Political Affairs (DPA)  UN Dep. of Peacekeeping Operations This spring issue includes one exclusive interview with the current President of (DPKO) the Libyan Constitutional Drafting Assembly. Our two feature articles deal with  Office of the High Commissioner for the challenges facing constitutionalism in Africa, as well the historical roots of Human Rights (OHCHR) constitutional Sharia. In addition, this issue presents experiences from 10 UN  UN Development Programme (UNDP) field missions/offices, as well as updates from Headquarters.  UN Children's Fund (UNICEF)

“The UN Constitutional” is a manifestation of the collective desire of 6 UN  UN Women entities to raise awareness of constitutional issues and themes, share information, and strengthen the provision of constitutional assistance.

INTERVIEW: FEATURED: FEATURED: Ali Tourhani, President of History of Constitutional Constitutionali sm in Africa: the Libyan Constitutional Law in the Sharia Legal the Challenge of Reform for Drafting Assembly (p.2) System (p.4) Undemocratic Purposes (p.6)

UPDATES FROM THE FIELD & HQ (p.7) Burkina Faso p.8 Sierra Leone p.12 Central African Republic p.9 Somalia p.13 Grenada p.9 Tanzania p. 14 Liberia p. 10 Yemen p. 15 Libya p.11 Headquarters p.17

READER’S DIGEST (p.18)

RESOURCES ON CONSTITUTIONAL ASSISTANCE SIGN UP FOR THE NEWSLETTER www.constitutionmaker.un.org (UN System personnel only) [email protected]

The UN Constitutional – Issue 4 Issue 2013 1

INTERVIEW: DR. ALI TARHOUNI PRESIDENT, LIBYA CDA

Interview with Dr. Ali Tarhouni President of the Libya Constitutional Drafting Assembly

Questions by UNDP/UNSMIL

Activists take part in a rally calling for Libyan unity. July 2012 (Credit: Iason Athanasiadis/UNSMIL)

measures; (vii) local governance; and leaders, women’s groups, academics, Q.The CDA published a first (viii) the financial system, including experts and youth groups amongst draft constitution on its website natural resources. others, all of whom were thankfully in December 2014. Congrat- willing to make the often long journey ulations. Can you explain how In the first few months, in addition to to give us their input and share their the CDA conducted its work? our internal discussions, we wanted work. to be proactive in reaching out to the A.There were a number of phases public, to encourage their parti- The CDA members also attended cipation and to hear for ourselves workshops in Libya and outside leading to the work that has been their aspirations for the constitution. focusing on different topics such as produced so far. Shortly after the The CDA travelled across the country human rights, revenue sharing and CDA’s first meeting in April 2014, it to villages, towns and cities, for a local governance, amongst others. elected the office of the presidency, number of open town-hall meetings. organized its internal regulations and Unfortunately by July 2014, due to In total, the committees conducted agreed on the constitutional road the escalating security situation, the around 300 meetings and published map. outreach tour and the viability of their initial work on the CDA’s website visiting all parts of the country were on 24 December 2014. We then formed eight thematic no longer possible, as some areas committees and mandated each to became conflict zones. Following the release of the initial concentrate on developing different work of the committees on 24 chapters. The committee themes To ensure the consultation process December 2014, CDA members went were: (i) the form of the state and its continued, we established a mechan- back to each of their constituencies to basic components; (ii) the form and ism to receive written proposals and discuss the drafts with stakeholders. system of governance; (iii) the direct them to the relevant com- They conducted different meetings, judiciary, including the Constitutional mittee. We have also kept our doors workshops and social media consul- Court; (iv) independent constitutional open at our base in Beida, hosting tations in order to collect feedback bodies; (v) the army and police; (vi) meetings with different groups, from the public on these outputs. rights and liberties, plus transitional engaging with CSOs, community

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INTERVIEW: DR. ALI TARHOUNI PRESIDENT, LIBYA CDA

Dr. Ali Tarhouni is a member of the Libyan What has been the most Q. Constitutional Drafting Assembly. During the first interesting and/or challenging CDA session, on 21 April 2014, he was elected the aspect of chairing the CDA? President of the CDA by a simple majority vote of its members.

Born in Libya, Tarhouni studied economics at A. Chairing the CDA has allowed the University of Libya, until fleeing the country in me to feel connected to the whole of 1973. He was stripped of citizenship, sentenced to Libya, because not only do the CDA death in absentia, and put on a government hit list members represent the majority of in 1981. After immigrating to the United States, Libya, but as part of my work I meet Tarhouni continued his studies, earning a master's degree (1978) and a Ph.D. (1983) from Michigan Libyans from all across the country State University. From 1985 until the outbreak of who want to share their thoughts on the Libyan revolution, he was a popular senior the constitution and the hopes they lecturer in business economics at the University of Washington Michael G. Foster have for it. They remind me of how School of Business where he won numerous teaching awards. much faith the Libyan people are putting in us to deliver and also of After the Libyan revolution in 2011, Tarhouni was named to head both the oil and the responsibility we the CDA now finance ministries of the National Transitional Council, an opposition council bear. formed to coordinate anti-Gaddafi elements during the Libyan revolution. Tarhouni was also named as Deputy Prime Minister on 2 October 2011 after acting in the position for several months. Afterwards, he succeeded Mahmoud Jibril as acting The biggest challenge is to keep the Prime Minister, a role which ended with the election of Abdurrahim El-Keib. institution of the CDA above the current political struggles and ensure with some of their representatives to However as the CDA must remain we remain focused on the objective hear their specific demands. In non-partisan, and keep itself and its of producing a constitution that all December 2014, we established a activities separate from the current Libyans feel represents them and consensus committee, whose main political bodies, it has had very little ensures their hopes and dreams of a mandate is to define the concept and engagement with parliamentarians. better future. I’m reminded every mechanism of consensus with differ- hour, every day of how challenging it ent representatives of the Amazigh. is to draft a constitution for this The constitutional roadmap country that is divided and in the Q. midst of a civil war. calls for the CDA's draft, event- Q.How has the CDA engaged ually, to go to public referendum with the different stakeholders is this possible in the current Q.What were some of the more who are interested in the consti- political climate? If not, what do tutional process – for example, you think should or will happen difficult issues the CDA had to parliamentarians, civil society next with the constitution-making resolve? And how did the CDA go organizations, academics and the process? about achieving consensus? general public? Is more public consultation envisioned? A. There is still every intention A. Early on, one of the most that once the CDA delivers a draft difficult issues that we worked hard A. The CDA has always been Constitution there will be a refere- to resolve was how to ensure the willing and is in fact proactive in ndum. We have great hope that the participation of the Amazigh, Tebu engaging with all of civil society. As current political turmoil will not and Twareg communities, as they previously mentioned, alongside the continue much longer and that a initially chose to boycott the constitu- outreach to the cities that we held resolution will be found. In the tional elections. We succeeded in early on, we have ensured our doors meantime, we are continuing on the bringing on board the communities of were open to any of the civil society roadmap we have outlined and Tebu and Twareg. stakeholders interested in sharing focusing on completing our mandate their work, offering feedback or of delivering a draft constitution that We took steps to find a resolution to requesting information. is ready for a national public the Amazigh issue, including meeting referendum.

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INTERVIEW: DR. ALI TARHOUNI PRESIDENT, LIBYA CDA

opinions. It will hopefully provide a society representatives and by Q.In what ways can the CDA valuable opportunity for Libyans to helping make the process more and constitution making process address their aspirations and inclusive and participatory. The UN contribute to positive resolution concerns, which in turn will create has also taken a leading role in the of the conflict? stronger social cohesion. co-ordination of the international community’s efforts to support the Once passed, the constitution will CDA. A.Libya is going through a difficult become the basis on which issues would be dealt with, as it will equally However unfortunately because of the period, which has adversely impacted protect the rights of the population. security situation, the UN was forced the population at large. People now to evacuate Tripoli and base itself are looking forward to having a social outside Libya. This has meant that contract that will govern the political How has the UN supported the CDA is unfortunately deprived of scene, and govern the relationship Q. the day-to-day technical and practical between the rival parties, as well as the CDA in its work? support on the ground here in Beida. regulate the use of force, which This is something that is very much would be limited to the state needed and that has accompanied institutions that are defined in the The UN, through its Special A. the work of other regional consti- constitution. Support Mission and its agencies, has tutional drafting bodies. We very FEATURED: Constitutional Law in the Sharia Legal System given support to the CDA by much appreciate the support being By leading the constitution-making providing expert advisors, co- given and hope we can find a way to process, and including public consult- ordination and facilitation of round have even greater access to their ations, the CDA is contributing to tables discussions with local experts, expertise. bridging the gap between differing activists, women groups and civil

FEATURED: CONSTITUTIONAL LAW IN THE SHARIA LEGAL SYSTEM

constitution in the Sharia legal system,

known as the Charter of Medina, History of Constitutional Law in the including its historical background, the process by which it was drafted and its Sharia Legal System main characteristics.

By Mohamed AbdelAziz GadelHak Ibrahim After Prophet Mohamed emigrated from Mecca to Yathrib (aka Medina) in Many States in the Middle East and North Africa are 622 CE, he spent the first six months experiencing what Yale Law Professor Bruce Ackerman has in discussions with vari-ous Muslims dubbed “constitutional moments.” In the aftermath of the Arab (including “Muhajirun” (immigrants Spring, many Arab and Islamic countries, including Egypt, from Mecca) and “Ansar” (supporters from both Aws and Khazraj tribes)), as Tunisia, Yemen and Libya, began to draft new constitutions or By Charmaine Rodrigues well as Jewish clans, polytheist/animist amend existing ones. These new constitutions embrace the groups, and Christian communities, in aspirations of young generations for freedom, justice, equality, Medina. The purpose of these democracy and human rights. consultations was to end the prolonged inter-tribal conflict in Medina, to re- At the same time, citizens expect right to participate in constitutional establish peace and security and to lay these constitutions to reflect their reform processes to establish a the foundations of the first Islamic unique national identities and sense of ownership over their state. Islamic heritage. Having recently political destinies. Noting that removed tyrannical or un- Islamic law is inherently intertwined This inclusive consultation process led democratic regimes, the people of with these destines for many people, to the first constitution in the Islamic these countries are demanding the this article reflects on the very first legal system - the “Charter of Medina”.

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FEATURED:INTERVIEW: CONSTITUTIONAL DR. ALI TARHOUNI LAW PRESIDENT,IN THE SHARIA LIBYA LEGAL CDA SYSTEM

Some scholars view the Charter of Medina as the first form of social contract between a peoples and their leader. Others perceive it as the Magna Carta of the Islamic world. The Charter of Medina was revolutionary in the way it transformed how communities in the Arabian Peninsula affiliated, by uniting people from a large number of distinct tribes in one multi- religious State (the “Ummah”).

The Charter of Medina consists of 52 articles covering wide ranging aspects of the relations between Muslims and other religions, particularly Jews, Christ-ians and polytheist/animist communities. The document embodies certain core principles and established new systems. These include (1) the notion of the superiority of nations Women candidates and Libyan civil society activists sing the national anthem at an UN-sponsored event aimed at encouraging female participation in the over tribes; (2) social solidarity; (3) elections. March 2012 (Credit: Iason Athanasiadis/UNSMIL) social security and the establishment of a tort and insurance system; (4) The Charter of Medina, which is Recognizing the importance of protection of non-Muslim minorities nearly fifteen centuries old, does not nationally-owned and led consti- (dhimmis); (5) respect for pacts and include all the elements that we tutional processes, the United Nations covenants; (6) establishment of consider central features of modern supports national actors engaged in Islamic law as a new legal system for constitutions (for example, hierar- constitutional reform in a variety of resolving disputes between diverse chical judicial review). Nonetheless, ways, including the deployment of groups living equally within one this document is an important consti- legal/judicial experts to assist with nation in a peaceful manner (whilst tutional precedent for the Arab and reviews and drafting. Experts who preserving the rights of other Islamic world. It conveys strong provide such assistance in the Arab religious groups to apply their own moral and religious values that States region and elsewhere in the laws); (7) freedom of religious beliefs constitute the normative foundation Islamic world are generally skilled in and practices for all citizens; (8) of a multicultural community. Sharia and constitutional law. The establishment of a tax system to United Nations will continue to support the community in times of support countries in their efforts to conflict; (9) financial independence of Moreover, the process through which reform their constitutions by each tribe; (10) mutual defence the Charter of Medina was drafted, promoting inclusive processes, against any aggression; (11) especially the inclusion of all religious cultural sensitivity and adherence to founding relations between Muslims and tribal factions in Medina and the international human rights standards. and non-Muslims on advice and good consultative phase through which will; (12) freedom of each faction to they consented to this document, establish alliances that did not harm could inspire modern countries The Author the State; (13) responsibility to undergoing political transitions and Mohamed AbdelAziz GadelHak protect any oppressed groups; (14) emerging from conflict. The same Ibrahim is an Islamic Law Expert individual responsibility; and (15) could be said for the substantive part, currently working with the UN the right to safety and security of which could be used to demonstrate Department of Peacekeeping every citizen. The Charter declared the importance of provisions which Operations. He also is a former Medina as a ḥaram, or "sacred place", respect fundamental human rights Judge at the Egyptian Judiciary. where no weapons could be carried and the rule of law in the text of and no blood spilt. newly drafted constitutions.

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FEATURED: CONSTITUTIONALISM IN AFRICA

Constitutionalism in Africa: The challenge of constitutional reform in

pursuit of undemocratic purposes By Charmaine Rodrigues

In July 2000, African heads of state came together as the OAU and attempting to change the constitutional “rules of the game” through agreed the Lomé Declaration on the Framework for an OAU technically legal means. Response to Unconstitutional Changes of Government, following a review on the state of democracy in Africa. The Lomé Declaration It is increasingly common to see was a groundbreaking statement, elaborating a set of principles presidents utilizing constitutional underpinning constitutional government, including proper adoption amendment processes set out in the of a democratic constitution, respect for the constitutional rule of constitution (most commonly, a law, separation of powers, and the protection of human rights. In super-majority vote in Parliament, the context of democratic renewal, the Declaration also specifically without the need for endorsement by recognized the role of the opposition, the importance of political popular referendum) to amend the pluralism, the need for regular credible elections and the “principle constitution to consolidate their power. Most notably in this regard, in of democratic change”, meaning that there should be regular a number of countries there has been turnover of government. a recent push to remove or amend existing term limits. The Lomé Declaration was a direct mental tenets remain highly relevant, response to the OAU’s concerns recent constitutional phenomena in In early 2014 Burundi’s parliament regarding the impact of coups d’etat the region warrant reflection on the voted against a constitutional amend- across the region. In its respect for existing principles to assess whether ment to the existing term limit, but constitutional government and the they sufficiently capture the current the issue has lingered and continues rule of law, it sought to discourage breadth challenges to constitu- to be discussed in advance of the the violent and/or unlawful removal tionalism in Africa. 2015 national elections. Likewise in of governments. Interestingly, the Over the last decade or so, there has DRC, proposed amendments to the Declaration went so far as to been a noticeable increase in the electoral law to delay the national explicitly describe what might qualify number of governments across Africa elections were viewed by some as as an unconstitutional change in which have sought to use consti- paving the way for further reforms to government, focusing primarily on tutional processes to extend their change term limits, though these violent overthrow, but also covering mandates to govern and/or to amendments were recently defeated, cases where a government refuses to consolidate their powers at the putting the issue on the back-burner. hand over power following defeat at expense of other branches of However, Article 220 - which imposes elections. government. Whereas undemocratic the term limit - also specifies that the As the Lomé Declaration celebrates processes such as coups or rigged Article may not be amended. fifteen years, it is worth reflecting on elections were previously common the continuing relevance of the mechanisms for extending the life of This was intended to prevent the ext- democratic principles which it esp- governments, it is notable that the ension of an existing president’s oused. Arguably, while its funda- recent trend has seen governments term, although it has been recognised

The UN Constitutional – Issue 4 Issue 2013 6

FEATURED: CONSTITUTIONALISM IN AFRICA that drafting a new constitution could be used to avoid this pro- hibition.

In Rwanda, there has been speculation on the issue as the President’s second term starts to draw to a close.

In Burkina Faso, the threat of a constitutional amendment to extend the President’s term limit triggered mass unrest and the burning down of Parliament. In 2012, the Supreme Court in Senegal issues a decision regarding the retrospective impo- sition of term limits, Burkina Faso. In October 2014, the threat of a constitutional amendment to extend the which allowed the President’s term limit triggered turmoil in which protesters burned the Parliament existing President to still building. run for an extra term.

The increasing tendency of gov- History shows that without regular Where to then for constitutional ernments to “legally” extend their turnover of political parties via practitioners and the African Union? constitutional mandate to govern is credible elections and/or political Recognising that the Lomé Declara- one which bears closer attention. The leadership within ruling parties, tion is now 15 years old, it is perhaps Lomé Declaration was robust in its democracies risk slowly morphing time for the AU to reconvene to efforts to tackle a clear threat to into one-party autocracies. This is reflect on constitutional opportunities democracy, namely unconstitutional particularly the case in countries and threat in the region, with a changes of government, through transitioning from conflict, for which particular emphasis on transitions of violent or illegal means. However, the peaceful transitions of power may be power and term limits. This could be situation facing advocates of demo- historically unfamiliar and a genuine complemented by a broader set of cratic governance and constitu- cause for concern amongst a regional and national dialogues tionalism in Africa is now more populace that may prefer one-party across the continent, bringing the complicated. stability to adversarial democracy. voices of ordinary Africans to bear on

this core set of questions about what The risk posed by technically legal What does it mean for the flourishing type of democracy people want. extensions of presidential mandates of African democracy that constitu- poses a subversive threat; while tional amendments are being dev- violent conflict may not always be an The Author eloped and approved through outcome from such constitutional Between October 2014 and March constitutionally legal processes, but changes, nonetheless, history has 2015, Charmaine Rodrigues was where those amendments seek to as a specialist on constitutional entrench the consolidation of power shown that the consolidation of assistance and political dialogue in in a single party or individual? How powers into a single governing entity (e.g. the President) most often leads the UNDP Bureau for Policy and does one balance the principles of to a narrowing of democratic space Programme Support (BPPS). She political pluralism and democratic was previously a Crisis Governance and a threat to human rights (in change against respect for the Specialist in the former UNDP particular, of opposition groups and sovereignty of parliament and the Bureau for Crisis Prevention and minorities). constitutions own amendment pro- Response. cesses?

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FIELD & HEADQUARTERS UPDATES

What is the United Nations doing in constitutional (UNOWA), Economic Community of West African States (ECOWAS) and assistance? This section offers an overview of the the African Union.

latest developments, challenges and lessons in this The support provided by UNDP: key area of support sourced directly from our field Enabled the Constitutional Council missions, country offices and other UN entities. of Burkina Faso to undertake a thorough legal analysis of the vacancy of the Presidency of the appropriate because they would have Republic following and suspension BURKINA FASO had the effect of returning to the old of the Constitution following the UNDP Country Office regime. uprising and to identify actions To facilitate a new democratic necessary to ensure constitutional constitutional order, political actors continuity (including enabling the initiated the formulation of a charter Constitutional Council itself to perform its role); UNDP supports the Burkina to guide the process of political Supported national stakeholders Faso transition to ensure co- transition. UNDP Burkina Faso was with the development of the herence between the Charter of asked to assist with this process. To Transitional Charter, including by the Transition and the Consti- this end, UNDP engaged the services of Professor Ibrahima Fall, former ensuring its coherence with the tution Constitution. The Charter calls for Foreign Minister of Senegal and the creation of transitional Over the course of 30 and 31 October former Deputy Secretary-General of institutions and describes their 2014, the popular uprising in Burkina the UN, to provide technical advice status, making a plea for limiting Faso led to the resignation of the and support to: (i) the Constitutional the number of organs. It also calls President of the Republic. Conse- Council in their legal assessment of for the Constitutional Council to quently, Burkina Faso was faced with the situation; (ii) national stake- decide on any cases of conflict the need to restore constitutional holders in defining structures and between the provisions of the order while balancing the need to statutes of the transitional organs of Charter and those of the avoid maintaining provisions of the the State; and (iii) mediation efforts Constitution; and Constitution which were no longer led by the UN Office for West Africa Contributed to the negotiation and mediation efforts of the joint ECOWAS/AU/UNOWA, providing technical advice on the treatment of political and legal issues in general, as well as constitutional issues in particular.

UNDP’s support to national and regional stakeholders has helped to define and identify responses to "aspirations expressed by the people" and to lay the foundation for the preparation of elections which will mark the end of the political transition. In providing support, UNDP was part of a broader group of international partners committed to providing support to ensure an inclusive, stable, peaceful and conclusive transition. Burkina Faso. Billboard promoting peace in Ouagadougou, capital of Burkina Faso. Photo: IRIN/Chris Simpson

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FIELD & HEADQUARTERS UPDATES

This effort continues through the International Support Group on the Transition, which is co-chaired by the AU/ECOWAS/UN troika, and brings together international and African multilateral institutions, several African countries (including from ECOWAS) and key member states of the United Nations, including the members of the Security Council.

Briefing prepared by: . Dieudonné Kini, Team Leader, Governance Unit, UNDP Burkina Faso

CENTRAL AFRICAN REPUBLIC (CAR) UNDP Country Office

Central African Republic. The text of the ceasefire agreement is displayed Linking the CAR peace agree- at the launch of nationwide public consultations in Bangui, aiming to ment and the constitutional promote the appropriation by the Central African people of the peace process. Credit: UN Photo/ Dany Balepe process

Since the outbreak of the crisis in The NTC has been working for several envisaged that UNDP will work with December 2012, CAR has been facing months now. MINUSCA has provided MINUSCA to provide technical and the most tumultuous set of socio- technical support to the Law financial support to the organization political challenges in its history. Committee of the NTC, which has of the constitutional validation Indeed, the crisis led to a change of undertaken discussions and writing workshop, in support of encouraging political regime by a coup, which then assignments. Based on that work, a deeper consultation on the text. As led to the suspension of the constitutional proposal was adopted part of the electoral process, UN constitution in March 2013. After in early 2015 by the NTC, with a support will also be provided for the considerable negotiations, on 18 majority of 83 members, and was organization of the constitutional August 2013, a Transitional Consti- then submitted to the Government referendum, which is envisaged to be tutional Charter was put in place. The for consideration. The submission of held before the presidential and Charter sets out the current transition the proposal to the Government is parliamentary elections. process; Article 55 calls for the one step in a long process, which will Briefing prepared by: drafting of a new constitution, which include: organization of a validation . Aboubacar Koulibaly, Country is entrusted to the National Transition workshop with the involvement of Director, UNDP CAR Council (NTC). stakeholders across the political spectrum; consultation with the By exclusively entrusting the design Constitutional Court for its opinion on GRENADA and drafting of the new constitution the validity of the text; integration of UNDP Country Office to the NTC, the authorities wanted to amendments from the workshop encourage an inclusive and partici- based on the opinion of the Consti- patory process for development and tutional Court; final adoption of a adoption of the new constitution. draft text by the NTC; and Grenada works to repatriate its Indeed, the new constitution will be submission of the constitution to a independence Constitution adopted by referendum after consul- public referendum. tation with various stakeholders from Since independence in 1974, Grenada politics through seven steps set out in UNDP support to this process so far has had its constitutional boundaries Article 65 of the Charter. has been limited, in advance of the rigorously tested, most notably Bangui Forum which will set out next during the turbulent period between steps in the transition. However, it is March 1979 and December 1983.

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FIELD & HEADQUARTERS UPDATES

After that date, more established and 2015. Discussion is still underway ment bills. UNDP’S governance and conventional norms of parliamentary about the breadth and depth of the climate change teams provided democracy have prevailed. final package of reforms which will be advice on key aspects of the bills, and put to a public referendum, but the the OHCHR reviewed the bills to Since that time, Grenada has CRAC is now working on drafting ensure they reflected international embarked on four constitutional constitutional amendment bills to be human rights norms, and also review processes, aimed at considered by Parliament. undertook a mission to Grenada in repatriating the Constitution and March 2015. UN Women has also ensuring it serves the governance The UN was invited to support the supported the CRAC to undertake and development needs of the constitutional review process in late specific consultations on gender populace. The fourth phase of 2014 by the Government and the issues. constitutional reform in Grenada was CRAC. To this end, the UN Multi- instituted in 2013. The Constitution Country Office in Barbados, which Briefing prepared by: Reform Advisory Committee (CRAC) covers Grenada, supported the Gov- . UNDP Grenada Country Office was established to review recom- ernment to hold a meeting with . Charmaine Rodrigues, former UNDP BPPS mendations from the previous three development partners in October . With inputs from Robert Husbands, processes, undertake stakeholder 2014, to encourage broad donor OHCHR constitutions and come up with a final support. Subsequently, in December package of reforms for consideration 2014, the UN Barbados, UNDP by Cabinet and then by Parliament. headquarters and DPA headquarters LIBERIA undertook a constitutional asses- UNDP Country Office Throughout 2014, the CRAC under- sment mission, which was followed in took a process of deliberative review, January 2015 with an EAD-UNDP complemented by public consulta- needs assessment mission to look at The Road to Gbarnga: Liberians tions. In July 2014, initial recom- referendum issues specifically. go for the National Constitutional mendations were released, but these Conference were contested by the Opposition On the basis of the UN assessment party, which wanted deeper political missions, the UN is putting together a Three major factors, arguably, gave reforms. A second round of consulta- package of support. In the meantime, rise to the current constitutional tions were undertaken in late 2014 direct technical advice has been review process in Liberia. The first and an additional set of recom- provided to the CRAC on issues was the return of freed slaves from mendations put to cabinet in early covered by the constitutional amend- America who – armed with the slogan, “the love of liberty brought us here” – declared a republic and in 1847 adopted the first national constitution. Notably, that declaration would later be countered by indigenous groups who declared, “the love of liberty found us here”. This contestation over the republic has existed since its creation. The second major precursor preceding the current constitutional review is Liberia’s turbulent past, characterized by a 14-year old war that debilitated the country, undermining the foundations of constitutionalism. The third event was the historic democratic election of the first-ever female president in Africa, current President Ellen Johnson Sirleaf.

Cumulatively, these factors gave birth Liberia. Civic Education and public consultation in Behwan, Grand Kru Co. to the current review process whose Credit: UNDP Liberia

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FIELD & HEADQUARTERS UPDATES aim is to bring lasting peace to the nation and to reflect the present realities of Liberian society.

To this end, the 6-member Consti- tution Review Committee was ap- pointed by the President in August 2012 to spearhead a review of Liberia’s 1986 Constitution. UNMIL and UNDP worked together to design the UN Constitution Review Support Project, which underpins many elements of the current review process.

Since the constitutional review process began, the CRC has faced many challenges - not least the outbreak of the Ebola virus, which has severely impacted on public Libya. In January 2015, a workshop brought together 35 women activists in consultations as well as delaying the Tunis to review and analyze the CDA’s substantive committees’ preliminary holding of the National Constitutional work on 12 proposed new constitutional chapters. Credit: Adam Styp-Rebowski Conference (NCC) - but it has still achieved a number of milestones. build a national consensus around constituencies in order to bring a Public consul-tations have been the proposed amendments. representative perspective to the completed in all 73 electoral districts NCC. of the 15 counties, together with five Prior to the NCC being held, the CRC The NCC was a precursor to the next Diaspora consul-tations in Ghana and agreed on the conference agenda and steps that will complete the review the USA (Philadelphia, Minnesota, on the specific issues to be discussed process, namely: (i) submission by Atlanta and Maryland). A programme in detail. This includes contentious the CRC of a final set of proposed of civic edu-cation accompanied these issues (such as whether dual amendments with explanatory notes consul-tations. To inform the CRC’s citizenship should be prevented, and to the President; (ii) transmission of process, a comparative analysis of whether Liberia should be declared a proposed amendments by the Pre- the consti-tution review processes in Christian nation), as well as those sident to the Legislature; (iii) debate Kenya and Ghana was also over which a consensus exists (such and passage of final proposed undertaken through study tours. as whether the terms in office of amendments by the Legislature; (iv) senators should be reduced from 9 a one-year process of civic education Resulting from its consultations, the years to 6, and of the President from on the proposed amendments, and CRC has collected and analysed 6 years to 4). The CRC also (v) a national Referendum on the stakeholder views, and used them to undertook awareness-raising activit- amendments, to take place in 2016. inform proposals tabled at the ies, and the NCC agenda was Briefing prepared by: National Constitutional Conference published in advance, to create . Ekuru Aukot Chief Technical Advisor held in Gbarnga City, Bong County, awareness via the media. to the CRC between March 30 and April 2, 2015. The NCC’s objectives were to: Delegate selection was also under- Present to delegates the process to taken. An imperative was to try to LIBYA date and the CRC’s detailed report represent the diversity of Liberia’s UNDP Country Office and UN and recommendations. The report society. A representative final Mission in Libya (UNMIL) draws on public consultations, contingent was seen as important in

submissions, expert opinions and order to assuage the fears of some CRC’s own reflections; and sectors that they would suffer Libyan Women’s Demands for a Enhance national ownership, inclu- discrimination. NCC delegates were Constitution siveeness, transparency and legi- encouraged to familiarize themselves timacy of the review process by with the process and with the CRC From mid-2014, UNDP, UNSMIL and creating a platform for delegates to report, and to consult with their own UNWOMEN, with later support

The UN Constitutional – Issue 4 Issue 1–December 2013 11

FIELD & HEADQUARTERS UPDATES provided by the International Foundation for Electoral Systems (IFES), began working with Libyan women activists on articulating women’s demands for a future constitution.

Due to the deteriorating security situation, initial plans to organize consultations throughout Libya had to be changed. Accordingly, the UN facilitated a participatory process engaging Libyan activists through meetings outside of Libya, while informal consultation and advocacy activities were carried out within the country.

In November 2014, the UN convened Sierra Leone. Sierra Leonean Members of Parliament and CRC members a meeting of seventy Libyan activists reviewing Human Rights provisions during a working group meeting. Credit: and women members of the Consti- Sanaullah Baloch tutional Drafting Assembly (CDA) in Cairo to formulate an initial set of the The activists’ demands include Briefing prepared by: demands. These were conveyed to guarantees of at least 45% re- . Adam Styp-Rekowski, Project the CDA and discussed at its office in presentation of women in elected Manager, Assistance to Building a the city of Al-Baida. bodies and within the executive, Constitution, UNDP similar representation in the courts, . David Raikow, Political Affairs A second meeting in January 2015 and equal opportunity to progress in Officer, Constitutional Support, UNSMIL brought together 35 activists in judicial institutions. They also called . With inputs from Robert Husbands, Tunis. Participants reviewed and for criminalization of violence against OHCHR analysed the eight CDA’s substantive women and of underage and forced committees’ preliminary work on 12 marriage and that the right of women proposed new constitutional chapters. to free movement to be guaranteed. SIERRA LEONE Analysis was carried out from a UNDP Country Office gender perspective, with an emphasis Their outcomes statement also refers on international good practices and to equality between men and women standards. The meeting participants with regards to nationality, and CRC Sierra Leone intensifies agreed on a set of demands to the demands free compulsory education stakeholder consultations in the CDA and an advocacy strategy. for girls. In all, the demands touched western Area OHCHR and UNSMIL co-organised a on the constitutional chapters on workshop in Geneva from 23-25 Form of State and Fundamental President Dr Ernest Bai Koroma has February for a number of CDA Principles, Form and System of extended the constitutional review members, and in particular those Governance, The Judiciary and process by one year, to March 2016. from the Rights and Liberties Constitutional Court, Independent The process, which was inaugurated Committee, to discuss the human Institutions, Rights and Liberties and in July 2013, was slated to end in rights part of the draft. Provisional Measures, Natural March 2015. The extension came Resources, and General Provisions. about as a result of the un- The advocacy process is on-going. precedented outbreak of the Ebola The activists involved will liaise For the full list of the demands in: virus and the subsequent declaration directly with CDA members on the  Arabic (original) of a state of public emergency which inclusion of their demands in the  English (unofficial translation) adversely disrupted consultations drafting process, and the UN will with national stakeholder groups and For the CDA preliminary works in: support further efforts to mobilise the public. civil society groups and individuals to  Arabic (original)  English (unofficial translation) support the demands.

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advising the CRC sub-committees SOMALIA include: Mr Chernor Bangura, an expert on natural resources; Dr Habib UNDP Country Office Sesay, a political scientist at the University of Sierra Leone; Mr Floyd

Davies, a specialist on local Somalia Constitutional Process governance; Ms Jane Aspden, an Gains Momentum Sierra Leone. USB sticks with expert on state policy and human information on the constitutional rights; and Dr Victor Massaquoi, a Following a protracted political crisis process distributed to citizens in communications expert and lecturer arising from the October 2014 cabinet Sierra Leone. Credit: UNDP at Njala University. re-shuffle by former Prime Minister Abdiweli Sheikh Ahmed, a new In spite of the emergency regul- Development partners, facilitated by Somalia Government was inau- ations, the Constitutional Review UNDP, continue to play an invaluable gurated in February 2015, led by Committee (CRC) has still made role in the entire process. The multi- Prime Minister Umar Abdirasheed Ali considerable progress. The 8 CRC purpose civic education flash disk Sharmake. A new Ministry of Consti- sub-committees held a number of produced by UNDP has proven a very tutional Affairs, headed by Hussein consultations with major stakeholders useful resource, not only to CRC Mohammed Sheikh Hussein, was in the Western Area of the country, members but also to national stake- created out of the former Ministry of including with parliamentarians, civil holders engaging in the review Justice and Constitutional Affairs. An society organizations, government process. The easy-to-carry device has experienced politician who previously ministries and agencies, and various been distributed across the country, held the ministerial portfolios of experts on constitutional matters. and contains information about the finance and higher education, The CRC also engaged journalists in a CRC, the 1991 Constitution, the 2008 Minister Hussein was Deputy Prime Dialogue Forum where they col- Report of the Commission to Review Minister during the final stages of the laborated to develop a strategy to the 1991 Constitution, Public Sub- drafting and adoption of the popularize the review process. mission Forms and a host of other Provisional Constitution in October very important documents. 2012. He is assisted by a Deputy The State Policy and Human Rights Minister of Constitutional Affairs and Sub-Committee and the Legislative Briefing prepared by: State Minister for Constitutional Sub-Committee of CRC, together with . Sana Baloch Chief Technical Adviser Affairs. the Human Rights and Legislative to the Sierra Leone Constitutional Sub-committees of Parliament, also Review Project, UNDP Sierra Leone worked together to undertake a thorough analysis of the recommendations contained in the various position papers submitted to the Committee by stakeholders. Those recommendations first underwent scrutiny and pruning by committee support stuff, such that they could then be easily assessed and endorsed by committee members.

To broaden the horizon of CRC Committee members on thematic issues and to enable deeper discussions, a series of experts selflessly engaged the sub-committees on a range of constitutional issues, resulting in the development of recommendations that would significantly address key constitutional deficiencies in the current constitution. In this quarter, experts Somalia. NFP Speaker Mohammad Sh. Osman Jawari meeting with UNDP CD George Conway and CTA Oskar Lehner Credit: Oskar Lehner The UN Constitutional – Issue 4 Issue 1–December 2013 13

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Preparations for the constitutional ICRIC to review Chapters 1 and 4 of constitutions. A UN consultant is review process were significantly im- the Provisional Constitution. The OC presently in Kismayu consulting with pacted by the crisis, and momentum also forwarded to ICRIC a preliminary senior IJA officials in order to assist has only resumed in the last few review of the chapters conducted by with drafting the interim constitution weeks. From late February 2015, the OC at a retreat in Kampala, while EISA will provide support for the leadership of the parliamentary Uganda in October 2014 with support the public consultations process. Oversight Committee (constitutional from the Max Planck Institute. committee) the Independent Consti- Briefing prepared by: tutional Review and Implementation From 4-6 February 2015, the first . Ndubisi Obiorah, Political Affairs Commission (ICRIC) and the Ministry meeting of senior federal and regional Officer, UNSNOM of Constitutional Affairs held several leaders on constitutional issues was consultative and planning meetings held in Mogadishu. In attendance on the constitutional review process. were the President of Somalia, Prime TANZANIA The discussions focused on the Minister of Somalia, Speaker of the UN Women Office proposed Process Framework for the Federal Parliament, President of review and the draft Memorandum of Puntland, President of the Interim Understanding (MoU) clarifying roles South-West Administration, and the UN Women Integrates Gender and responsibilities of these insti- Leader of the Interim Juba Admin- Equality into Constitutional tutions. The participants agreed upon istration. The discussions focused on Review Process a number of changes to the MoU building the federal system, centre- mainly to reflect the process state relations, the New Deal In 2014, UN Women played a technical, framework and to harmonize some of Compact, the Vision2016 programme, convening and facilitating role in the the activities. The MoU was signed on state participation in key national on-going constitutional review process 9 March 2015. bodies and the national security in Tanzania. As a result, the newly forces. proposed Constitution of the United The UN integrated constitutional Republic of Tanzania submitted to the support team (ICST) provided sup- The UN and international partners President and which will be put to a port for the consultative/planning have encouraged the Government to referendum is framed by principles of meetings, including through a consul- commence high level political dia- women’s rights and gender equality and tant who facilitated the meetings and logue with regional leaders and incorporates specific provisions to planning activities. Together with the enhance the participation of regional advance gender equality and women’s renewed political will re-stated by the authorities in the New Deal Compact empowerment. new Government to complete the processes, including the constitutional Vision2016 goals including consti- review process. The Government has Beyond the principles of equality and tutional review, the signing of the identified the formation of an Inter- the supremacy of the constitution, the MoU opens the way for sustained Regional Consultative Forum which draft Constitution would nullify other engagement and support from the UN will formally bring together these provisions that are contradictory to the and international partners to the leaders as a top priority for 2015. principle of gender equality. It includes Federal Government of Somalia. The proposals for 50-50 representation of UN ICST is now providing support, There was also progress recently on women in parliament, measures to including capacity development, to sub-national constitutional processes. safeguard women’s dignity, protection set up the ICRIC. The parliamentary The leadership of the Interim Juba from exploitation and violence, and the Oversight Committee met on 7 Administration (IJA) in southwest right to access, use, benefit, own and February to commence preparing Somalia requested UN support for control land and natural resources. It initial instructions to ICRIC; the OC is drafting of an interim state consti- also defines the age of the child at 18 also finalizing its report on conten- tution as part of the implementation years with important implications for tious issues in the Provisional of the August 2013 Addis Ababa the age of marriage, which now stands Constitution which will need to be Agreement on formation of the at 14 with parental consent in the Law considered in more detail. proposed Jubaland State. Together of Marriage Act. If approved by the with the Electoral Institute for upcoming referendum, this will re- On March 19, the constitutional Sustainable Democracy in Africa and present a significant departure from the review process formally commenced the Somalia Stability Fund, the UN present 1977 Constitution. with the parliamentary Oversight ICST is providing support as part of a Committee issuing instructions to the pilot project on drafting interim state The gains in the revised Constitution

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A key challenge for the CDC was acquiring sufficient knowledge in a very limited period of time to design a federal system for Yemen, including determining the levels of government and their allocated authorities, a new judicial structure, and a sound finance system; in a country that suffers from significant centralization, corruption, marginalization of areas, high rates of poverty and poor service delivery. The NDC Outcomes had provided little guidance on the structures of the federal state.

Tanzania. Meeting of the Coalition of “Women for the Constitution” Working with the Secretariat of the Wanawake na Katiba. Credit: Wanawake na Katiba Coalition Facebook CDC, the UN played a significant role in supporting the CDC with these and Are the result of UN Women support to sions. It is useful to note that OHCHR other challenges to complete its first the creation of the “Wanawake Na also provided comments on a wider draft. The core UN expert team was Katiba” or “Women for the Constitution” range of human rights issue composed of the Standby Team of Coalition and their successful advocacy addressed in the draft Constitution. Mediation Experts, Christina Murray and outreach, both to the grassroots and Hassen Ibrahim, and other and to Parliament. The Coalition of 50 Briefing prepared by: experts supported through the Yemen civil society organizations includes . UN Women Tanzania Country Office National Dialogue and Constitutional women from grass roots organisations . With Inputs from Robert Husbands, Reform Trust Fund and staff of the and leaders from political parties. OHCHR Office of the Special Adviser to the Secretary-General on Yemen. UNDP, Additional collaboration with the through its Multi-Partner Trust Fund Tanzania Women Parliamentary Group YEMEN Office, is the Trust Fund Admin- further strengthened their advocacy. istrative Agent, and programmes and Office of the Special Adviser The coalition was among the few projects funded by the Trust Fund are constituencies which set aside religion, to the Secretary-General on executed by UNOPS, and the UN political affiliation, social status and Yemen Special Adviser to the Secretary- ethnicity to work together to represent General on Yemen and the Secretary- the women of Tanzania in the Yemen Constitutional review General of the Secretariat for the deliberations on the revised Consti- National Dialogue serve as the co- tution both inside and outside of the Following a ten-month process, the chairs. The Trust Fund has been Constituent Assembly. 17-member Yemeni Constitutional generously supported by several Drafting Commission (CDC) member states. Support provided by UN Women submitted its first draft of the enabled coalition members to engage Constitution on 22 January 2015 to Several other UN agencies also effectively in advocacy throughout the National Body, an entity provided advice within their respect- the process of the Constitutional mandated to review the draft to ive mandates: UNDP on election Review. Furthermore, UN Women’s ensure that it is not ‘significantly issues, UNICEF and OHCHR on engagement supported a review of inconsistent’ with the National human rights and fundamental the proposed second draft, which Dialogue Conference (NDC) Out- freedoms, including rights of children, equipped the coalition with evidence comes. The CDC, formed in March youth and minorities, social and to highlight key gains and gaps in the 2014, was tasked with transforming economic rights, and, along with proposed document, further the NDC Outcomes into a UNFPA, advice on women’s rights and supporting their advocacy. In ad- constitution, to be submitted to a gender equality. UNHCR supported dition, fact sheets on key topics, referendum following a review and the CDC on rights of refugees and supported by UN Women, helped to revision process. IDPs and OCHA provided maps to animate Constituent Assembly discus-

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FIELD & HEADQUARTERS UPDATES help inform discussions on electoral constituencies. In addition to providing background papers and, at times, draft text at the request of the CDC, all experts provided comments on the CDC drafts.

From the outset of the CDC’s work, experts provided both substantive and process advice. At the first CDC retreat, the agenda was largely designed by UN constitutional experts, with Secretariat and CDC input. UN experts also facilitated the CDC’s efforts in formulating a work plan, drafting its rules of procedure, preparing an outline of chapters in Yemen. CDC Deputy Chair Ms. Nihal Alalaqi, Christina Murray (MSU Standby the constitution, and classifying the expert), Bassim Saleh (interpreter), Nicholas Steytler (constitutional approximately 1,800 NDC Outcomes expert) supporting a small working group of the CDC. Credit: OSASG Yemen into constitutional elements, and legislative or policy principles. UN response to the need for a fund- Sana’a. In January 2015, the support continued throughout the amental change in the CDC’s working President and Prime Minister process with the production of more methods if it was to complete the tendered their resignations and were than 180 papers (memoranda in draft within its projected time. placed under house arrest, preci- response to particular questions, pitating a political crisis. The decision specialized topic papers, and com- As the CDC was drawing near to by the CDC to include the number ments on draft text) and present- completing its first draft, it was and details of the six regions in the ations on specific topics. Process deadlocked on key political issues, draft constitution also contributed to support was also provided to the such as the question of Southern the crisis because the Houthis seek to Secretariat in the development of guarantees, whether to include the redefine the regional boundaries. their outreach plans. number and details of the six proposed federal regions in the Against this background, the Special A CDC retreat was scheduled for the constitution or a federal law, and the Adviser has been facilitating inclusive end of the drafting process, to enable structure of governments at the sub- negotiations to resolve the political intensive final consideration of issues. national level. The Special Adviser to impasse and to find a consensus In the last quarter of 2014, the UAE the Secretary-General and the solution in accordance with the generously hosted the CDC for ten Secretary-General of the Secretariat Transition Agreement, the NDC weeks to complete the first draft, in a of the National Dialogue helped to Outcomes, and the Peace and venue free from the political and facilitate agreement on text within National Partnership Agreement, to security instability in Sana’a. the CDC on these issues over a three- enable the completion of the political day period of intense negotiations transition. Following a review by the The UN expert team assisted the CDC within the last two weeks of the National Body and a public consult- to discuss various complicated and CDC’s work. ation period, the CDC will undertake politically controversial issues, such necessary revisions to the draft, prior as the allocation of authorities among Today, the constitution-making pro- to its submission to a popular the tiers of government in the new cess has stalled temporarily, due to referendum. The Mediation Standby federal state, finance and judicial the political impasse that has seized Team and other UN experts are structures in a federal system, special the country. While the political reviewing the draft and contributing status for the cities of Aden and transition progressed, Yemen ex- with expert papers in preparation for Sanaa, transitional provisions, and perienced dramatic changes since the coming review period by the guarantees for vital Southern inte- October 2013, when ongoing conflict National Body. rests, a constitutional requirement between the Houthis, other armed stipulated in the NDC Outcomes. MSU groups and government forces Briefing prepared by: expert Hassen Ibrahim provided escalated. In September 2014, the . Stephanie Koury, Political Affairs process advice at a critical time, to Houthis seized control of the capital, Officer, OSASG Yemen

The UN Constitutional – Issue 4 Issue 1–December 2013 16

FIELD & HEADQUARTERS UPDATES

UNDP launches DPA-UNDP online portal ‘UN

Guidance Note on Constitutionmaker’ Constitution-Making The UN Department of Political Affairs (DPA), in close Support partnership with UNDP, has launched the UN For the first time, the Constitutionmaker online resource centre on constitutional assistance. UNDP Strategic Plan 2014- 2017 explicitly recognises UN Constitutionmaker draws on years of UN field constitution-making assis- experience and provides access to a wide range of tance as a key plank of sources, including materials produced by expert practitioners, academics and constitution-making bodies UNDP’s support for inclu- from around the world. The portal offers: sive governance, peace- Resources, tools, templates and guidance on building. substance, process and programming in the area of

In response to the demand of Country Offices working constitution-making; in this area, UNDP launched a new Guidance Note on A repository for the UN’s experiences in providing Constitution-Making Support. The Guidance Note is a constitutional assistance, collecting together strategic, first step in developing a stronger knowledge platform technical and project-related documents from UN to guide UNDP country offices on good–practice Missions and Country Teams in a number of countries. constitutional assistance approaches. Access at:

The Note provides advice and tips, as well as sharing constitutionmaker.un.org good practice, case studies, and lessons learned, to

assist UNDP practitioners who are designing and

implementing support to constitution-making. Guidance is provided on working with a range of partners, including UN Missions, members of the UNCT and NGOs. The website is only A range of technical entry points which Country Offices available to United Nations personnel. may wish to consider are also explained. Create an account using Read the Guidance: http://bit.ly/1IexfrP your UN system email: constitutionmaker.un.org

Expert Group Meeting on the revision of the UN Women Constitutional Database

An Expert Group Meeting was held by UN Women from 17-18 February 2015 in New York. The purpose of the meeting was to review and validate the revised provisions of the UN Women Constitutional Database, a global constitutional database on gender equality-related provisions which was launched by UN Women in December 2013. The scope of the database extends to 195 constitutions of Member States and Territories of the United Nations.

A number of amendments have been made by UN Women to the Constitutional Database since its inception in 2013. The initial 16 categories of the database were extended to 25 categories. Notably, new categories include provisions on Affirmative Action and Temporary Special Measures, Gender Quotas, Constitutional Adjudication and Review, Gender Equality Machineries and Commissions, Sexual Orientation and Gender Identity, among others.

Prior to finalization and uploading the revised database, UN Women brought together a group of experts from academia, civil society organizations, governmental bodies and UN agencies to assess its quality and ensure that it is robust, intellectually sound and of high utility value. Subsequently, a number of substantive amendments were made in order to improve the quality, usefulness and effectiveness of the database.

The revised UN Women Constitution Database is expected to better respond to the needs of constitutional practitioners and scholars working on constitution-making, gender equality and/or comparative constitutional studies, by including provisions on important aspects of gender equality as set out in the Convention on the Elimination of All Forms of Discrimination against Women, and the general recommendations and concluding observations of the CEDAW Committee. UN Women will also produce a User’s Guide to provide details about the criteria and reasoning for the selection of the provisions, in order to assist users in navigating the database. constitutions.unwomen.org

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READER’S DIGEST

Oil and Natural Gas: improve the quality of life and human highlights their achievements, their Constitutional security in neglected communities. limitations and the challenges they Frameworks for the The report addresses the benefits of face, and puts forward policy decentralization to the MENA region Arab States Region recommendations for consideration. International IDEA, Center and how constitutional incorporation for Constitutional Transitions NYU, of various principles can increase (English) UNDP opportunities for decentralization and The report focuses on the relationship help improve standards of living Marginalized Groups between oil and gas and constitutions throughout the region. and Consti- and is of particular importance to the (English) (Arabic) tution Building MENA region because of its significant International IDEA natural resources. It addresses Participatory and possible design options for the Inclusive Constitution The report highlights the key regulation of oil and gas resources Making conclusions and recommendations through constitutional provisions to Jason Gluck, Michele enhance accountability, transparency, Brandt, USIP emerging from an expert roundtable fair distribution, and efficiency. The report draws from conference around some of these (English) (Arabic) the work of scholars and constitution questions organized by International makers who have been exchanging IDEA in October 2013. (English Combating Corruption: ideas about how to ensure that Constitutional modern constitutions incorporate the Frameworks for the Middle East and North needs and aspirations of the citizens VIDEO PRIMERS Africa they are intended to govern. As the International IDEA, Center for countries of the Arab Spring International IDEA Constitutional Transitions NYU, UNDP transition from authoritarian regimes presents a series of The report delves into the animated videos to and overcome ethnic and sectarian complement its relationship between constitutional divisions, they can learn lessons from constitution-building law and the struggle against comparative constitution-making primers (click on title to corruption. It considers the experiences—including most recently watch). They are now constitutional frameworks and also available in Arabic. that of Tunisia—about how to achieve mechanisms available to prevent and reduce corruption, with particular more consensus based social What is a Constitution? reference to the transitional states of compacts and lasting peace. (English) (Arabic) the Arab region. (English) (Arabic) (English) How are Constitutions Made?

(English) (Arabic) Decentralization in Rule of Law and Why do Constitutions Matter? Unitary States: Constitution Building - (English) (Arabic) Constitutional The role of Regional Frameworks for the Organizations Arab States Region International IDEA International IDEA, Center for *The text on this page generally The publication discusses the Constitutional Transitions at NYU, UNDP follows the original summary initiatives and actions in the field of The report explores the important provided by the publisher. issue of how decentralization can be rule of law and constitution building implemented in unitary countries to by regional organizations. It deepen democratic values and THE UN

This publication is a joint effort between the United Nations Department of CONSTITUTIONAL Political Affairs (DPA), the Department of Peacekeeping Operations (DPKO), OHCHR, UNDP, UNICEF, and UN Women to strengthen system-wide information sharing, coordination, and partnership in the area of constitutional assistance.

The UN Constitutional – Issue 4 Issue 2013 18