The UN Constitutional

THE UN

CONSTITUTIONAL I

A Newsletter on United Nations Issue 2 Constitutional Support Spring/Summer 2014

FOREWORD

“The UN Constitutional” team is pleased to publish the second issue of its The UN Constitutional Team: newsletter featuring articles by constitutional experts, reports from the field,

and a digest of recent constitutions-related publications. With the adoption of  UN Dep. of Political Affairs (DPA) Tunisia’s new constitution in January 2014, a milestone in the country’s  UN Dep. of Peacekeeping Operations transition process, we also questioned H.E. Mustapha Ben Jaafar, on his (DPKO) unique experience as the President of the Tunisia National Constituent  Office of the High Commissioner for Assembly. Human Rights (OHCHR) “The UN Constitutional” is a manifestation of the collective desire of 6 UN  UN Development Programme (UNDP) entities to raise awareness around the UN of constitutional issues and  UN Children's Fund (UNICEF) themes, share information, and strengthen the provision of constitutional  UN Women assistance.

IN THIS ISSUE

Interview with H.E Mustapha The Use of Social Media and Gender Responsive Ben Jaafar, President of the Technology in Constitution- Constitutional Reforms: Is the Tunisian Constituent Assembly Making Glass Half Full or Half Empty? (p.2) (p.4) (p.7)

UPDATES FROM THE FIELD & HQ (p.9) . Burundi (p.9) . Somalia (p.14) . Georgia (p.9) . South Sudan (p.15) . Kenya (p.10) . Tunisia (p.16) . Libya (p.11) . Vietnam (p.17) . Nigeria (p.12) . Yemen (p.18) . Sierra Leone (p.13) . Zimbabwe (p.19) UNDP Viet Nam READER’s DIGEST (p.20)

The UN Constitutional – Issue 2 Issue 2013 1

FEATURED: INTERVIEW BEN JAAFAR

Interview with His Excellency, Mustapha Ben Jaafar, President of Tunisia’s National Constituent Assembly

Questions by “The UN Constitutional”

Following the 2011 election - Tunisia's first since the revolution that overthrew former President Ben Ali - a three-party governing coalition headed by Ennahdha led the new National Constituent Assembly. The Assembly concluded a sometimes tumultuous drafting process by approving the new Tunisia Constitution on January 26, 2014. H.E. Ben Jaafer, President of the Assembly, agreed to be interviewed by the UN Constitutional about his experience presiding over the Assembly during this historic moment in Tunisia’s democratic transition.

Q. Thank you for giving us some of your time, your Excellency. What A. At the beginning there was an lessons might others drafting new idea that we at the Assembly would constitutions take from the be presented with a constitution Tunisian process? already drafted by experts, for debate in the Assembly. Certain people even suggested we could go back to the A. I would say you have to give it constitution of 1959 and merely time. And I would say you need a revise it, just changing some articles, great capacity to listen to others, that adding some others and the problem is, to respect people's differences and is resolved! That's why throughout H.E.Mustapha not regard criticism as being always the work of the Assembly they were motivated by a desire to block the complaining that we were wasting Ben Jaafar process or inflict damage. You need time. In the end, however, there was to work with transparency, because no conflict over beginning with a H.E. Mustapha Ben Jaafar is the writing of a constitution is a blank sheet of paper, as it were. president of Tunisia's National process of interest to all the citizens Constituent Assembly, which was of a country. There's no reason to elected in October 2011 with the hide anything at all from public Q. In what ways was UN task of writing a new constitution. A opinion. One philosophy we had was support helpful in developing radiology professor at Tunis to engage in dialogue, to consult with Tunisia's Constitution? University in El Manar, H.E. Ben everyone, to try to have as many Jaafar also directed the Radiology citizens and experts as possible Department at La Rabta Hospital in participating in the process. And A. One of the most important ways the capital, until he was demoted another strong idea we had was to UNDP helped was in the stage of due to his activities as a human seek compromise or consensus. organising a national debate about rights campaigner in opposition to Those two ideas guided us. the Constitution. We were able to the authoritarian rule of former hold public meetings with citizens in Tunisian President Zine el-Abidine all the constituencies, including those Ben Ali. For the past 20 years he Q. This was a time when some abroad. Delegations were invited and has led the social democratic party opposition voices were insisting their travel costs covered. These Ettakatol (Democratic Forum for that experts in constitutional law were very important moments, as Labour and Liberties). should play a leading role in Assembly Members presented their drafting the new Constitution, work and responded to concerns rather than it being written by raised by citizens. the 217 Assembly members.

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FEATURED: INTERVIEW BEN JAAFAR

At the end of the tours of the constituencies, we held two open days here at the Assembly. We welcomed a few hundred NGOs who had registered to take part in debates, chapter by chapter, with presidents of the six Assembly Commissions [that were drafting various parts of the constitution]. These sessions of input from NGOs and all the various parts of civil society, as well as the input from constitutional experts, were an absolutely fantastic experience in participative democracy.

During the plenary sessions, something that made our lives a lot easier was the electronic voting The President of the Tunisian Constituent Assembly Mustapha Ben Jaafar, the system that UNDP had supplied. It President Moncef Marzouki and outgoing Prime Minister Ali Larayedh after signing made management of the debates the new constitution (27 Jan. 2014). Credit: Anis Mili/Reuters easier - more transparent and less personalised. It lessened tensions between those of us directing the plenary sessions and the Assembly members, as the system would interrupt a speaker automatically [by cutting out the microphones after their allotted speaking time had ended].

Q. What unexpected challenges did you encounter as Assembly president?

A. Sometimes we were in the middle of a debate about one constitutional issue that was on the Members of the Tunisian National Constituent Assembly celebrate the adoption agenda, and there would be a deputy of the new constitution. Credit: European Pressphoto Agency who demanded the right to speak on another issue, on some incident that was happening in his constituency. As he knew the camera was on him, he Q. Why did you create the A. We found that all these issues wanted to address his own public Consensus Committee [a body of raised by the opposition were almost opinion. It was a process of learning equally represented political impossible to solve in the framework how to operate in a democracy, and parties that negotiated com- of [the Joint Committee for Co- in a learning process you can find promises on deadlocked issues, operation and Drafting] that was yourself faced with totally surprising ed.] in June 2013? composed along the same lines of situations. proportional representation [as the

The UN Constitutional – Issue 2 Issue 1–December 2013 3

FEATURED: INTERVIEW BEN JAAFAR

beyond even the most intractable Assembly itself]. There would always Q. What did you learn about conflicts. be a dominant Ennahdha group, and yourself during this period of a minority opposition. So we needed chairing the National Constituent to find a formula where everyone Assembly? Q. And was there a specific would feel involved and represented. quality of the Tunisian people In the Consensus Committee we gave that was in evidence during this more seats [than in previous A. This wasn't my first experience constitution writing? committees] to the opposition 'Demo- of managing a group. But this was cratic Bloc' and there was also a my first experience managing a A. Yes. Moderation always small group of independent Assembly parliament of such importance, with prevails. In spite of the period of members. We really wanted everyone tension, it was moderation that so many members for such a long to participate, to be sure that the prevailed. period, and with its own internal draft constitution would secure regulations. The lesson I learned from approval from at least two-thirds of it is that with the help of patience and Questions prepared by The UN the Assembly. Constitutional Team. some capacity to listen one can move

FEATURED: TECHNOLOGY & SOCIAL MEDIA

&The Use of Social Media and Technology in Constitution-making By Brendan Ballou and Jason Gluck

As technology keeps advancing, the imperative for constitution-makers and assistance providers is to discover ways to utilize them to make constitution-making more inclusive, participatory, transparent, deliberative and nationally owned.

Traditional approaches to promoting inclusive and informed constitution-making include, among other initiatives, town hall meetings and questionnaires for consultations; posters, mobile theatre, print, radio, and television for civic education; and study tours as well as in-person expert consultations for advice. While often effective, such traditional methods have limitations. They can be cumbersome and costly, requiring extensive travel by organizers and participants.

They can also still result in failure to remedy exclusion, especially when time or budget

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FEATURED: TECHNOLOGY & SOCIAL MEDIA requires prioritizing larger cities at accounts used to disseminate infor- Some of the constitutional websites the expense of more remote areas, mation about the process. Egyptian mentioned above allowed visitors to where cultural taboos inhibit women commentators and activists published post comments on constitutional or minorities from speaking in public, leaked copies of the draft constitution matters, while almost all included an or where illiteracy prevents access. on Twitter, literally photographing email address for communication with and sharing individual pages as they the drafters. Egyptian, Libyan, and Unstable security environments may were released. NGOs in Libya, Tunisian officials and civil society also make public outreach impossibly Morocco and Tunisia use both organizations utilized Facebook and dangerous, a challenge currently dedicated websites and social media organizational web sites to mobilize faced in Somalia. Weather can also (most notably Facebook) to share and elicit views on constitutional render public participation all but their work and information. matters. In Libya, the Prime Minister- impossible – Sierra Leone, Liberia, elect used Facebook to poll citizens and South Sudan are three countries Participation on whether they preferred the currently engaged in constitutional constitution-making body to be reform where heavy rain makes large Websites and social media are also appointed by the parliament or portions of the country inaccessible very useful in supporting direct directly elected by the people. for three to six months of the year. individual participation in constitutional debates and drafting. One of Mobile technology is also being used Recent breakthroughs in technology the most robust uses of technology in to reach and engage otherwise access mean that the web and mobile eliciting public opinion on constitu- inaccessible citizens. In Somalia in phones can increasingly be used to tional reform was in Iceland, where 2012, Google Ideas and Voice of augment traditional outreach the constitutional drafting committee America (VOA) organized a national methods to reach a greater number posted draft constitutional provisions public opinion poll on the proposed of people and in greater depth. New online for comment. The commission constitution. The survey team technologies may not radically received over 3,600 comments from randomly dialled Somali phone transform the nature of how citizens online (from a population of numbers and asked key questions on constitutions are politically nego- just over 300,000), increasing the the draft constitution. The results of tiated, but innovations may still public ownership and legitimacy of the survey were broadcast on VOA improve the way officials, the public the proposed amendments. radio into Somalia and shared via and experts participate in printed hand-outs to constitution constitution-making to agree on a new national social and political compact.

Education

The web and social media give constitution-making officials new outlets to educate citizens and increase transparency. Official web sites have been used by such a diverse group of countries as Bolivia, Egypt, Fiji, Ghana, Nepal, Tunisia, Sierra Leone and Zambia. These sites allow officials to provide the public information about, among other things, the constitution-making process, key issues, and constitutional drafts.

#SomaliaSpeaks amplifying Somali voices using SMS: a joint project of Al- Social media is also increasingly Jazeera, Ushahidi, Souktel, Crowdflower, the African Diaspora Institute. being used. Egypt’s 2013 consti- Credit: Al-Jazeera tutional committee, for example, has both “official” and “unofficial” Twitter

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FEATURED: TECHNOLOGY & SOCIAL MEDIA drafters. Al Jazeera and an NGO itself. Constitute, a new online named Souktel led a similar polling resource developed by the Compa- effort through their program “Somalia rative Constitutions Project and Speaks.” Google Ideas, is a repository of the world’s constitutions, searchable by Expert Guidance country, year, and topic. Such a tool, along with resources produced by organizations such as Interpeace, Web technology has enabled consti- International IDEA, and USIP, can be tutional assistance providers to invaluable to both practitioners and challenges and aspirations with augment constitutional support with drafters in identifying key consti- constitution drafters. less time intensive and costly tutional matters and deriving consti- approaches. For example, in an effort tutional formulations and text. Technology is Not a Panacea to assist Iraqis with their 2005 constitution-making process, the United States Institute of Peace What’s Next? New technologies are not a re- (USIP) created an online discussion placement for traditional modalities forum to allow constitutional experts Looking forward, four areas in and approaches; they complement from around the world to discuss addition those discussed above are them. They should be viewed as tools specific issues arising in Iraq’s especially promising for leaders to in the same way their predecessors constitutional debates. This inform- use technology to improve how have been. Their use should be ation was then conveyed to the UN constitutions are drafted and discuss- determined by national actors, and Assistance Mission in Iraq and Iraqi ed. First, new “sentiment analysis” should be contextualized so as to counterparts. The UN has also begun technologies may soon assist with meet local needs without violating to use video teleconferencing to processing and analyzing public social or cultural norms. Additionally, connect constitutional experts with feedback on constitutional proposals. their use should fit within the larger their national counterparts. Though Second, vote-by-phone and online social and political context in which no substitute for long-term sustained voting technologies may help improve the constitutional reform occurs, assistance, these videoconferences the breadth and accuracy of public which includes recognizing and provide an outlet for immediate referenda. Third, videoconferencing addressing any risk of harassment, consultation on time-sensitive issues technologies may soon broaden surveillance or censorship when using or when an expert simply cannot be constitutional dialogues and facilitate online tools. The “do no harm” ‘on the ground.’ conversations between divided or principle must be respected. previously hostile com-munities. Strategically used, however, new technologies can help constitution- Web technology is also starting to be Fourth, mobile phones are and will makers and assistance providers used to assist in constitution drafting continue to help citizens share daily make constitutional reform more inclusive, participatory, transparent, deliberative and nationally-owned.

This article is an excerpt of a paper published by the U.S. Institute of Peace at: www.usip.org/publications/new- technologies-constitution-making

The Authors

. Brendan Ballou is formally of Google Ideas and is now a law student at Stanford University. . Jason Gluck is a Senior Political Affairs Officer in the UN Dept. Political Affairs. He is the focal point for constitutional issues.

‘Constitute,’ launched in September 2013, offers access to the world’s constitutions and allows users to compare across a broad set of topics.

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FEATURED: GENDER RESPONSIVE REFORMS

Gender responsive constitutional reforms: is the glass half full or half empty? By Beatrice Duncan, Jonathan Murphy, Muriel Kahane, Shelley Inglis and Suki Beavers

Tunisia. Wall covered with posters of candidates to the Constituent Assembly elections. Credit: TF1/LCI

remain central to gender equality Enshrining gender equality in constitutions matters because their efforts, there are many additional provisions can facilitate, or limit, the available opportunities for ways to advance women’s rights advancing gender equality as contemplated under the Convention through constitutional provisions on the Elimination of All Forms of Discrimination against Women dealing with civil, political, social, (CEDAW). economic and cultural rights. UNDP’s forthcoming publication ‘Global Good The United Nations Entity for Gender reflected by ensuring that women are Practices in Advancing Gender Equality and Women’s Empower- granted at least thirty per cent of Equality and Women’s Empowerment ment’s (UN Women) constitutional posts in decision making organs.” in Constitutions’ provides analysis database* shows that there has (Article 9 (4)). In part as a result of and good practice of how this has been both progress and stagnation in this provision, Women currently been done, drawing on examples gender responsive constitutional comprise 64% of the lower house of from constitutions from around the developments globally. There are two Parliament. In February 2014, world. The analysis and good practice key areas of progress: (1) specific Tunisia captured international head- illustrates how countries have used provisions that prohibit gender-based lines with the progressive gender gender inclusive language, incorpo- and related discrimination and equality provisions enshrined in its rated and domesticated CEDAW, and guarantee equality between men and revised constitution. Among other developed institutional mechanisms women before the law; and (2) the things, it is the first constitution in to advance human rights more inclusion of quotas or specific the Arab world to give all Tunisians, broadly and women’s rights provisions that guarantee repre- women and men, the explicit right to specifically. sentation of women in the three be presidential candidates. It further- branches of the state. more explicitly requires action to Arriving at a strong and com-

eliminate violence against women, prehensive constitutional framework The 2003 Constitution of Rwanda and safeguards the rights of Tunisian that advances gender equality and provides one of the clearest women to marry and divorce based women’s empowerment is most examples. It commits Rwanda to on their free will. effectively achieved through an “building a state governed by the rule inclusive and consultative process of law, a pluralistic democratic While there is no question that that includes both women and men. government, equality of all Rwandans strong and comprehensive equality The increased engagement of women and between women and men and non–discrimination guarantees in constitution-making processes, as

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FEATURED: GENDER RESPONSIVE REFORMS decision -makers and through civil Botswana, the 1992 Unity Dow v. measures, provisions to equal the society and public engagement, is Attorney General (Botswana) case led playing field between women and itself another area of important to constitutional reforms in the men have yet to become the norm in progress and is often linked to the definition of dis-crimination and a most constitutions and electoral laws. agreement to include constitutional powerful wave of legislative reforms In addition, too many constitutions protections related to gender in citizenship and marriage laws in continue to undermine gender equality. In Tunisia, thanks to specific that country. equality by allowing customary or efforts to ensure that women were religious law to trump constitutional equally represented on party lists and Moreover, courts are beginning to rights, or through “claw back clauses” in alternate order of preference, confront tensions between consti- that effectively nullify gender equality elections for the Constituent tutional guarantees of equality and in certain spheres, such as in family Assembly resulted in women other constitutional provisions limit- matters. In many countries, consti- comprising 27% (65 of 217) of that ing the realization of equal rights, tutional or other courts have yet to constitution-making body. They, known as “claw back clauses”, in be fully capacitated or willing to take along with a vibrant and active ways that move forward gender on their role in securing realization of women’s civil society movement, equality. For example, relying on constitutional protections for gender played a critical role in ensuring that Unity Dow, the 2012 decision of the equality. gender equality-related provisions Botswana High Court in the Mmusi were included in the constitution that case declared the Ngwaketse custo- These gaps remind us that adoption was eventually adopted. For example, mary law of patrilineal in-heritance of a new constitution is the beginning the most expansive gender equality unconstitutional, making clear that and not the end of constitution- provision, requiring the state to women had the same rights as men building. Progressive constitutional guarantee equal opportunities for to inherit property. The court viewed rights and protections are necessary access of men and women to all the national constitution as an but not sufficient to improve the lives levels of responsibility in all domains, organic document and pronounced it of women and girls. In fact, evidence was supported by 85% of women necessary that courts breathe life into illustrates that real challenges remain deputies, as compared to 51% of it by ensuring that constitutional in the field of legal protections for male deputies, and 59% of the interpretation responds to the gender equality generally and for Assembly as a whole. country’s development objectives and their realization. By way of illustrat- international obligations, such as ion, only 93 countries provide for For constitutionally-guaranteed rights those contained in CEDAW. equal inheritance rights of women. to have any real meaning, however, Even where legal protections are political will, adequate resources, In addition to an assertive and increasingly common, as in the case protective legislation and vibrant and progressive judiciary, the strong will of domestic violence, for example, independent courts are critical to and tenacity of civil society groups to the capacity and willingness of ensuring that the rights become test the “constitutional waters” institutions and communities to fully realities in the lives of all women and through public interest litigation has implement the laws are often lacking. girls, men and boys. Thankfully, greatly contributed to the increasing Whether and how countries enforce some progress also has been made in spate of gender rights and and fully realize constitutional rights the realization of constitutional rights, protections in constitutions and and protections will determine particularly with emerging global constitutional jurisprudence. whether they remain words on a gender equality jurisprudence. The page, or transformative features of a Despite all these advances, gaps South African constitution, for new democratic order for women and remain evident in constitution-making example, has one of the most girls. processes and constitutional dis- progressive provisions on gender * http://constitutions.unwomen.org pensations throughout the world; equality and expressly provides for a women continue to be under- constitutional court, which able to represented in constitution-making The Authors address critical issues to women’s processes due to policies of exclusion, . Beatrice Duncan, Justice and everyday lives, such as women’s insufficient resources, and the Constitutional Advisor, UN Women access to HIV/AIDS treatment and . Jonathan Murphy, Chief Technical absence of safe political space. Many property rights. In the 2004 Bhe case Advisor on Constitutions and constitutions still limit the highest Parliaments, UNDP the court decided that the customary office and leadership positions to men . Muriel Kahane, Policy Analyst, UN law rule of primogeniture that limited Women and, despite the increasing use of inheritance to only the first born son . Shelley Inglis, Policy Advisor on Rule quotas and other special temporary of Law, UNDP was clearly unconstitutional. In . Suki Beavers, Policy Advisor on Gender, Democratic Governance and CPR, UNDP

The UN Constitutional – Issue 2 Issue 1–December 2013 8

FIELD & HQ UPDATES

What is the United Nations doing in constitutional At the time of writing the story is far from over. The Constitution may assistance? This section offers an overview of the serve as the basis for durable peace if latest developments, challenges and lessons in this it is inclusive or become another trigger for renewed instability if it is key area of support sourced directly from our field not based on a broad agreement. The issue may well be deferred until after missions, country offices and other UN entities. the 2015 elections.

Briefing prepared by:

constitution was identified by many BURUNDI . Cheick Lamine Conde, head of as an attempt by the ruling party to Political Governance Section, BNUB UN Mission in Burundi (BNUB) consolidate its power by removing . Jose Maria Aranaz, Chief of Staff, critical power-sharing arrangements BNUB agreed to at Arusha and paving the

way to a controversial third term in office by incumbent President GEORGIA

Nkurunziza. Not only might the UNDP Country Office substance of the constitutional

amendments pose a risk to the

stability of the country, but the reform process itself lacked inclusivity and transparency. BNUB, with support from the Mediation Support Unit Using Information and Constitutional revision process a in the UN Department of Political Communication Technologies threat to peace and security in Affairs (DPA/MSU), advised holding (ICTS) for UNDP Support to Burundi? national consultations. The proposal Constitutional Strengthening in

was backed by strong messages for Georgia The 2005 Constitution-making pro- inclusivity from the UN Secretary- cess in Burundi has for almost a Public participation through the General, the Chair of the PBC Burundi decade been praised as a success by use of ICTs contributed to Configuration and others. many; it mirrors the 2000 Arusha constitutional amendments in peace agreement that ended 17 years Against the backdrop of concerted Georgia of civil war. The main ingredients of national opposition and calls from In 2013, the Parliament of Georgia Arusha were power-sharing and the inter-national partners to open up the successfully adopted two sets of protection of ethnic and political process, the Speaker of the National constitutional amendments, parts of minorities. Assembly organized all inclusive which were modified based on expert consultations on 19-20 December In 2013, the ruling CNDD-FDD and citizen input collected through 2013, which overwhelmingly rejected administration moved to introduce newly introduced web-based tools by the CNDD-FDD's proposal broad changes in the Constitution UNDP. that might have altered the delicate On 21 March, the National Assembly During 2013, the newly-elected political balance achieved in Arusha. rejected the ruling CNDD-FDD party’s Parliament of Georgia initiated a new The authorities proved somewhat proposed amendments to the Consti- wave of constitutional amendments, unwilling to accept advice, especially tution. All MPs outside the CNDD-FDD building on the 2010 constitutional from outsiders. The draft Constitution but the three representatives from reform process. UNDP played a key was therefore pushed through the the Twa minority boycotted the role in supporting the State Council of Ministers on 8 October session. As a result, the text was one Constitutional Commission (SCC) in 2013 and was to be adopted by vote short of the required majority. 2010, helping to mobilize inter- parliament by the end of 2013. The draft law was sent back to the national expertise as well as enable Government which, pursuant to the Concerned at these developments, awareness-raising and public consul- Constitution, can submit it to a BNUB stepped into the process and tations on the draft amendments. For referendum or after one year, re- made high-level demarches to pre- the 2013 process, UNDP continued to table it to the National Assembly. vent a unilateral decision by the support inclusive constitutional stren- ruling party. The amendment of the gthening, this time through an

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FIELD & HQ UPDATES innovative approach to constitution- was criticized by both experts and sight Committee (CIOC) and the making utilizing information and citizens for undermining the par- Commission for the Implementation communication technologies. UNDP liamentary powers vis-à-vis the of the Constitution (CIC). The CIOC helped the Public Debates Com- President. As a result, the provision conducts oversight of the CIC and mission of the Georgian Parliament was modified and the Constitution coordinates the introduction and develop an interactive website retained the existing limitation on passage of constitutionally mandated (www.constitution.ge) and related Parliament dissolution. legislation per the constitutional Facebook page. Linked to the timelines. The CIC is constitutionally The adopted amendments of 2013 Parliament’s official web portal, the mandated to monitor, facilitate and mostly aimed at strengthening the website and Facebook page contained oversee the development of all principle of checks and balances a variety of information, including the legislation and administrative pro- between the executive and legis- text of the Georgian Constitution and cedures required to implement the lature. Although the amendments draft constitutional amendments, and Constitution, in coordination with the received positive feedback in general, the schedule and video recordings of Attorney-General and the Kenya Law most of the experts advocated for a the meetings of the Public Debates Reform Commission. more in-depth review of the Consti- Commission. Some of the meetings tution. As a result, pursuant to the 4 were live streamed to increase public October 2013 Resolution of the Par- accessibility and engagement. The Legislation enacted by liament of Georgia, the Consti- website also provided articles by Parliament following review tutional Commission has been tasked constitutional experts on proposed by CIC with a comprehensive revision of the amendments to give the opportunity By Year Total country’s main legal document, with both to lawmakers and the public to the final draft expected by mid-2015. scrutinize amendments from different 2011 - 22 UNDP is closely following the process perspectives. 2012 - 25 60 and will continue to provide its 2013 - 13 Both the website and Facebook page support to the Georgian Parliament to enabled citizens to engage in the ensure a competent and participatory In addition, the CIC presents periodic constitutional discussions through constitution-making process. reports to the CIOC and the President posting comments and recom- on the progress of constitutional mendations. They also provided an Briefing prepared by: implementation and any impede- opportunity to participate in interact- . Gigi Bregadze, Programme Analyst, ments, and monitors the consti- ive public opinion polls on selected UNDP tutionally mandated process of draft amendments. These interactive . Natia Natsvlishvili, Governance transition to a devolved government. tools were actively promoted through Team Leader, UNDP different media outlets both at UNDP, in partnership with a number national and sub-regional levels. To of development partners, has ensure communication and infor- KENYA provided critical support to the CIC. mation sharing between law-makers UNDP Country Office The assistance has been both and the public, UNDP provided a strategic and technical, including by summary of expert opinions and the providing institutional and operational results of public opinion polls to the capacity support to the CIC and by After the new Constitution in Public Debates Commission of the 2010: Institutional capacity assisting the CIC in ensuring that the Parliament. Since January 2013, the development and constitutional development of implementing legis- website has had around 38,000 visits entrenchment lation, policies and administrative with over 26,000 unique visitors. procedures reflect the letter and spirit Each Facebook post has had an Soon after Kenya adopted a new of the Constitution. In addition, average of 800 views and over 3,500 constitution in 2010 the country set UNDP has supported the CIC to persons have participated in website- out on the critically important task of include as part of its work robust administered polls. This participation constitutional implementation. The citizen consultation; the emphasis on impacted positively on the process. Constitution established two institu- participation and inclusion derives For example, one of the draft tions to help monitor the realization directly from the Constitution as one amendments, which provided for the and implementation of its constitution of the national values and principles deletion of the provision limiting the as part of transitional and conse- of governance. The 5th Schedule of right of the President to dissolve the quential provisions: the Parliamentary the Constitution provides a list of all Parliament in certain time-periods, Constitutional Implementation Over-

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FIELD & HQ UPDATES legislation that is required to be passed over a 5-year period.

UNDP support to the CIC has included assistance in auditing all the existing health sector policies, acts, and proposed bills against the spirit and letter of the Constitution, as well as international norms and standards. UNDP has similarly supported the CIC in auditing the national and county level public financial management laws and regulations, and laws relating to access to justice, among others. With UNDP assistance the CIC has been able to bring the legislature and key government agencies together to identify, develop, and Libya. Counting the votes for the election of the Libyan Constitutional facilitate the passage of consti- Drafting Assembly February 20, 2014. Credit: Reuters tutionally mandated legislation. In some cases this has also led to starts ticking without the full body fundamental rights and liberties and remediation measures, such as the present. At the same time, the Higher the inclusion of women’s rights. The need for the government to further National Electoral Commission workshops also sought to lay the define policies before developing (HNEC) continues to report difficulty groundwork for robust public parti- legislation. in preparation for and conducting cipation during the constitution-

Briefing prepared by: elections for at least some of the making process. The eight work-

remaining seats –calling into question shops, facilitated by constitutional

. David Maina, Programme Officer, when and how the CDA will obtain its experts from Egypt, Morocco, UNDP full membership. Resolving this im- Lebanon and Tunisia, reached about

passe is critical for Libya to progress 60% of the 648 CDA candidates, with

along its transitional road-map. 10% of the participants being LIBYA women. UNDP Country Office & UN UNSMIL has established an Interna- Mission (UNSMIL) tional Constitutional Support Working On 29-30 January and 1-2 February, Group to help coordinate efforts of UNSMIL conducted workshops in Constituent Drafting Assembly the international community to Benghazi and Tripoli entitled “Consti- elections support the Libyan constitutional tutional Options for Government process. Through this working group, Decentralization” in cooperation with Despite the fact that elections for the international partners are pursuing a the Benghazi and Tripoli local national Constitution Drafting unified approach to promoting civic councils. The workshops, which Assembly (CDA) were held on 20 education and CSO capacity dev- focused on approaches to multilevel February 2014, much of the Libyan elopment on constitutional issues, government and preventing geo- constitutional process remains assisting related electoral exercises, graphical marginalization, included uncertain. Of the 60 seats on the and preparing support options to CDA candidates, local authorities, and CDA, 13 remain unfilled because of offer to the CDA. UNSMIL is currently civil society activists. boycotts and security concerns during preparing an induction program and Complementing UNSMIL’s political the polling, and one is filled only coordinated international expert mandate to engage the GNC and provisionally pending the results of advice package for the CDA. voting for one of the women's seats. CDA, UNDP has been strengthening In addition to UN support to HNEC, dialogue capacities and fostering The General National Congress (GNC) UNDP and UNSMIL supported the public engagement in Libya’s tran- and CDA face a dilemma over CDA elections through workshops sition through a range of activities whether the CDA should begin work that provided CDA candidates with that started in 2012. before the body is fully constituted. information on contemporary consti- Over the last few months UNDP If the 47 elected members of the CDA tutionalism and the main components Libya’s Assistance to Building a begin working the constitution “clock” of democratic constitutions, including

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FIELD & HQ UPDATES

Constitution (ABC) Project has NIGERIA Project contributed to inclusiveness implemented a number of activities by proactively assisting key stake- UNDP Country Office targeted at engaging the media in the holders, such as women groups, constitution-making process, with a people with disabilities, CSOs, the view to building their capacities to media, and political parties to submit engage with the CDA. The ABC Nigeria: Supporting constitutional memoranda to both Committees. Project prepared a Media/Com- reform through consultative and A major milestone in the process was munications Guide, designed to su- participatory process a retreat held by the Senate pport the CDA and its Secretariat in Committee in July 2012 to analyse designing a communication strategy In early 2012, the National Assembly stakeholder comments and identify once they are in place. The ABC (NA) established two constitution and prioritize critical issues to be Project is also starting to implement a review ad hoc Committees – one in addressed. These issues included the large media outreach campaign with the Senate and one in the House of distribution of power, fiscal fede- BBC Media Action, which will train People’s Representatives – which ralism, control of the armed forces journalists to report on the consti- effectively kick-started the consti- and police, electoral reform, the tutional process and will result in tution review process in Nigeria. tenure of elected officials, judicial radio, TV, print and social media UNDP’s Democratic Governance for reform, zoning/ethnic balancing and programmes on the constitution. Development (DGD) Project (funded gender equality. UNDP has also been partnering with by EU, DFID, CIDA) has engaged with Following the retreat, the DGD the Libyan CSO “Rashad Foundation” both ad hoc NA Committees to Project sourced inputs from experts to prepare for the launch of an in- support their efforts since 2012. to help the Senate Committee with: a tegrated media campaign as soon as UNDP’s focus has been strengthening review and analysis of the various the CDA commences its work. The the NA Committees’ capacity for memoranda submitted to the Com- campaign will focus on engaging the public outreach and inclusive popular mittee; an analysis of inputs from public in peaceful debate about the participation in the constitution republic hearings; and research on key constitution and has been designed to view process. priority issues identified through particularly target women, youth and To this end, UNDP supported both public hearings. In addition, DGD, in minorities. Committees to solicit feedback from partnership with the Forum of Finally, the ABC Project is working on interest groups and stakeholders to Federations, supported 8 delegates developing a constitutional internet guide the review process. The DGD from the Committees with a study platform for Libya, drawing on South- South experience from Morocco. The platform will serve as a resource center providing information, materials and tutorials on constitutions, and regular updates on constitution- making process.

Briefing prepared by:

. David Raikow, Political Affairs Officer, UNSMIL . Katrin Schweppe, Project Management Specialist, ABC Project, UNDP

Nigeria. Constitutional Review Zonal hearings for Political Parties in the South West of the country. Credit: UNDP Nigeria

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FIELD & HQ UPDATES tour to Canada to access international Constitution compatible with inter- best practice on key governance SIERRA LEONE national standards. The President challenges and constitutionally-based UNDP Country Office assured the wider public and the responses. international com-munity that the review process would be inclusive and UNDP also played a key role in transparent. supporting public hearings organized by the Senate Committee, culmi- The constitutional process provides nating in the National Hearing held in Sierra Leone an important op- Abuja in October 2012. This exercise portunity to forge ahead on the path enabled citizen groups to present of democratic transformation, based their views to members of the Senate on the rule of law. The revised Committee. Constitution is a chance to develop a social compact based on a vision of The House Committee also benefited Sierra Leone’s inclusive shared prosperity which can provide a from UNDP’s support in ensuring a constitutional review process legal foundation for enduring peace in participatory approach, through Following his re-election to a second a united country. support for public hearing sessions term in November 2012, Sierra that were held simultaneously in all Since the launch of the process in Leonean President Ernest Bai Koroma 36 federal constituencies in Nov- July 2013, UNIPSIL and UNDP have Koroma pledged to undertake the ember 2012. UNDP then followed up supported the 80-member Consti- long awaited review of Sierra Leone’s with technical support to help the tutional Review Committee (CRC) and 1991 Constitution, as envisaged House Committee classify and national institutions to hold a series under the Lome Peace Agreement analyze all the questionnaires and of dialogues to facilitate discussion on and recommended by the Sierra inputs that were collected during the process with political parties, Leone Truth and Reconciliation Com- these public hearings. women and youth groups, and reli- mission. gious and traditional leaders. The In early 2013, UNDP’s technical In launching the review process in process aimed to consolidate national advisors assisted the House and 2013, the President acknowledged peace-building and state-building by Senate Committees to draft a bill to that the country needed to undertake designing a consultative, transparent, amend the Constitution. The Bill was a review of the fundamental law of and widely inclusive process. presented to both chambers in April Sierra Leone, with the aim of 2013. Due to the security situation, Since the beginning of 2014, there promoting the unity and cohesion of political polarization and the high has been significant progress. With the nation, as well as to make the number of constituencies that hosted public hearings, the deliberations over several key issues are still ongoing. In April 2014 the Senate passed the bill, but the House is still negotiating.

UNDP will continue to provide technical assistance to both chambers through its DGD programme. The process is expected to be completed in late 2014.

Briefing prepared by:

. Mintwab Zelelew, Programme Officer, UNDP . Mourtada Deme, DGD Project Manager, UNDP

Sierra Leone. Between 28 and 30 January 2014, over 100 Paramount Chiefs gathered in Kenema to discuss the review of the Sierra Leonean Constitution of 1991 and their own role in ensuring an inclusive and transparent process. Credit: UNDP

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FIELD & HQ UPDATES technical assistance from UNDP, CRC discussion is still required as to what the specifics of Somalia’s federal sub-committees have now been federalism will look like in practice. arrangement to take place in the first formed and they have finalized their The Somalia constitutional review and half of 2015, with constitutional outreach and nation-wide consul- implementation process is a complex drafting that reflects those agre- tation strategy. Nine sub-committees political negotiation, occurring during ements and other matters to occur in have identified broad thematic issues a period where Somalia is trying to the second half of 2015. they want to explore and have clearly consolidate its state-building efforts At the same time, UNSOM and UNDP mapped stake-holders for extensive while building on its fragile peace. have been working together to more consultation. In recent months, the Federal broadly support efforts of national With regard to gender-mainstreaming Government of Somali (FGS) has stakeholders to take forward consti- in the process, UNDP with clarified that the constitutional review tutional review and implementation collaboration with the Ministry of process will be preceded by a political priorities. For example, in February Gender, Social Welfare and Children process of “state formation” in 2014, 2014, UNDP supported the National organized a nation-wide “Women with the FGS working closely with Federal Parliament to identify its Voices” Conference on “Gender- local leaders to develop Interim legislative agenda, including priority Mainstreaming in the Constitutional Regional Administrations that will constitutional bills, such as bills to Review Process” where women eventually become “Federal Member establish a Judiciary Services Com- leaders from throughout the country States,” as envisaged by the Pro- mission and National Independent developed plans to promote gender visional Constitution. Election Commission, as required under the Provisional Constitution. equality issues throughout the UNSOM has been working closely with constitutional process. the FGS to encourage an inclusive A workshop reviewing the Parlia- In March 2014, UNDP also brought and peaceful dialogue on the state ment’s Strategic Plan was also together 40 Members of Parliament formation process and to provide organized, re-prioritizing dialogue and two CRC sub-committees for a technical advice on state formation and outreach tasks around and the major training and discussion on criteria. Progress has already been implementation of legislative prio- dialogue, mediation and conflict made with the formation of the rities. UNSOM and UNDP are also resolution. Interim Administration of Jubaland providing support to the Ministry for and discussions underway regarding Justice and Constitutional Affairs to UNDP also complemented this work additional administrations in the strengthen legislative drafting capa- with leaders with a session for Sierra South. cities in support of constitutional Leonean media practitioners. UNDP drafting. trained local journalists on mediation, The intention is for negotiations over dialogue and conflict-sensitive re- porting on constitutional issues. This is a core element in promoting a peaceful constitutional process.

Briefing prepared by:

. Sana Baloch, Chief Technical Adviser Constitutional Review Project, UNDP

SOMALIA UNDP Country Office & UN Mission (UNSOM)

Somalia constitutional support

The Provisional Constitution endorsed in August 2012 establishes a federal Two disabled Somalis, members of civil society organizations, attend the state of Somalia, but substantial Constitution Review launch at the Somali Federal Parliament in Mogadishu on 16 June 2013. Credit: UNSOM

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UNDP and UNSOM have also ramped meetings at the principals and Briefing prepared by: up work with national counterparts to technical level. Supporting the design a public outreach and civic . Charmaine Rodrigues, Crisis National Constitutional Review Com- education campaign which will help Governance Specialist, UNDP mission (NCRC), established in the public to understand the . Marcin Buzanski, January 2012, has not been an easy processes which are underway and to Parliamentary Specialist, UNDP task. Even before the current conflict peacefully engage in debates and . Ndubisi Obiorah, Political Affairs began on December 15, 2013 there discussion about Somalia’s political Officer, UNDP had been very little progress in the future. In early April, representatives NCRC’s work - primarily a few of key Ministries and Parliament met SOUTH SUDAN meetings, and the finalizing of both with the UN team and agreed to UN Mission in South Sudan the first phase of the NCRC’s civic develop a joint plan for public (UNMISS) campaign and a preliminary review of outreach and civic education. the Transitional Constitution. Delays

were not entirely the fault of the Already, UNSOM has organized a NCRC, but rather the consequence of dialogue of “thought leaders” to start a permanent lack of funding and moving forward discussions around political support from the Gov- key constitutional issues. Likewise, ernment of South Sudan (GRSS), UNDP has been supporting the which early in its mandate was Parliament’s Constitutional Oversight affected by the oil-related austerity Committee to start teasing out some measures and later suffered the of the issues around the review consequences of the internal SPLM process. UNSOM and UNDP have Early steps to support South political crisis that resulted in the been proactive in working across both Sudan’s initiation of the current conflict. The conflict has the legislative and executive constitution-making process deepened the lack of funding, limited branches, in recognition of the the availability of technical support, importance of supporting a unified The recent crisis in South Sudan has and restricted the NCRC’s ability to national visioning process. shown the South Sudanese and the international community the urgent implement its civic education and In order to ensure the UN’s support is need for reconciliation and nation public participation campaign due to also unified, UNSOM is also leading building in order to provide the security concerns. coordination of the UN’s support elements necessary to build strong The ongoing IGAD-sponsored peace through the UN Integrated Consti- national and institutional foundations talks in Ethiopia between the GRSS tutional Support Team (ICST). The in in country. and the Sudan People’s Liberation ICST has been developed to ensure Movement/Army in Opposition include that relevant UN/UNCT staff working The 2011 Transitional Constitution, discussions on power-sharing arran- across all branches and levels of which set out the rights, powers and gements. Civil society organizations Government regularly share info- institutions of the new state, also have been advocating for their rmation and coordinate their efforts provided for a constitutional review inclusion in the talks, and GRSS has across government. In March 2014, process mandated to be compre- called for the establishment of a the ICST undertook a 2-day strategic hensive and participatory. Since its national reconciliation process. planning session to identify key inception, the UN Mission in South UNMISS, IGAD, and the international priorities for 2014 and agree on Sudan (UNMISS) has advocated for community should ensure that any collaborative approaches to support- such process to be consultative and power-sharing arrangement is ing the national and local counter- inclusive. For UNMISS, a participatory temporary and subject to final parts. In April, 2014, the ICST constitution-making process, together arrangements agreed to through the convened a meeting of NGOs in with national reconciliation, are constitutional review process. Only an Nairobi to discuss the establishment essential peacebuilding and nation inclusive and consultative process can of a Constitutional Implementing building instruments. provide the legitimacy necessary for Partners Forum, to bring together To assist the South Sudanese, any durable and stabilizing power- INGOs and the UN to promote UNMISS, at the request of its sharing arrangement. The IGAD-led coordinated support to the national international partners, assumed the peace talks provide the opportunity counterparts. coordination of the international to re-launch the constitutional review support to the constitutional review process and the NCRC’s work. These through periodic partner and donors steps will ensure South Sudan can

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FIELD & HQ UPDATES develop strong and lasting insti- of persons with disabilities are also major civil society gathering, in which tutions and limit the risk of the recognized. the UN Deputy High Commissioner recurrence of conflict in the future. for Human Rights participated. Civil While the achievements in terms of society organizations sent joint inclusion of human rights guarantees Briefing prepared by: advocacy letters to NCA and are the result of a nationally-owned government, requesting, inter alia, . Marcia Dawes, Deputy Chief Rule of process, the UN had a major the inclusion of key human rights Law and Security Institutions/Senior contribution to this outcome. In fact, provisions in the draft Constitution. Constitutional Focal Point, UNMISS the UNCT advocated for the inclusion of key human rights and fundamental UNDP’s Project to Support freedoms, as well as the rule of law. Constitution-building, Parliamentary TUNISIA It sent joint letters to authorities Development and National Dialogue OHCHR & UNDP Country including NCA and government had three components. Firstly, UNDP Offices advocating for the inclusion of human provided in-depth technical expertise rights standards in the future on constitutional and legal provisions,

Constitution. including by working with other UNCT members such as OHCHR and The UN High Commissioner for UNWomen to promote human rights Human Rights also sent letters to the and gender issues during the President of the NCA advocating for constitutional process. the inclusion of specific human rights protections in cases where she Secondly, UNDP developed mecha- thought that the draft Constitution’s nisms for dialogue with citizens and provisions could be reinforced. civil society and favoring their full Communications were also sent to participation in the process. UNDP The role of the UN in the the NCA from UN human rights supported a nationwide dialogue constitutional process in Tunisia: experts, including Special Rap- between NCA members and citizens Working together for the porteurs of the Human Rights and CSOs in all 24 of Tunisia’s inclusion of human rights Council. The OHCHR transmitted governorates. Over 6000 citizens, standards in the Constitution relevant human rights publications to 300 CSOs and 320 university NCA members as well. OHCHR and representatives provided input. The new Constitution of the Republic UNDP mobilized partners to advocate Furthermore, over 300 participants of Tunisia was approved by an for the inclusion of guarantees of including 40 NCA members took part overwhelming majority of the coun- judicial independence in the Consti- in activities fostering the inclusion in try's National Constituent Assembly tution during a multi-stakeholder the constitution of gender equality (NCA) and promulgated on January conference held in March 2013. Other and the political participation of 27, 2014. The (UN) provided UN agencies such as UNICEF, UN women. UNDP also supported 140 significant support to the NCA Women and UNFPA, also commented civil society development projects throughout the entire constitutional on the content of certain provisions of focused on marginalized regions of process. the Constitutional drafts, with a view the country, with special emphasis to improving human rights gua- given to developing consensus The achievements of the newly rantees, in particular with regard to building skills and strategies for adopted Constitution are significant in the rights of children and women. preventing violence. A national human rights terms. It enshrines Following the draft Constitution of 1 survey of 1100 youth provided most of the key universal human June 2013, UNCT conducted an detailed information on the desires rights, and its preamble highlights a analysis of the draft identifying the and expectations of Tunisian youth; commitment to the “human values progress and challenges. On this the segment of the population whose and the principles of sublime basis, UNCT engaged with exclusion sparked the 2011 re- universal human rights” and to authorities, communicating recom- volution. democratic principles. The mendations. Constitution recognizes civil and Thirdly, UNDP supported strength- political, as well as economic, social UNDP, OHCHR and other UN agencies ening of the institutional capacities of and cultural rights. The Constitution actively supported the participation of the NCA and will build on this to also indicates that the State has the civil society in the process of support the new Parliament, which is duty to fight violence against women. elaborating the new Constitution. to be elected in 2014. Supporting The rights of children and the rights OHCHR facilitated the holding of a implementation will be a core focus of

The UN Constitutional – Issue 2 Issue 1–December 2013 16

FIELD & HQ UPDATES the UNCT as Tunisia continues its tutional review, local governance, democratic transition. and provisions on human rights.

At the outset, UNDP was asked to Briefing prepared by: advise on international best practices

of public consultation on consti- . Abou Abass, Human Rights Officer, tutional reform. UNDP advocated for OHCHR the role of media and civil society to . Dimiter Chalev, Representative, ensure that the public, particularly OHCHR women and excluded groups, were . Issaaf Ben Khalifa, National Human fully engaged in the process. Rights Officer, OHCHR Following these discussions, and in . Jean-Raphael Giuliani, line with increasing aspirations of the Parliamentary Expert, UNDP Vietnamese people for democratic . Jonathan Murphy, Chief Technical Advisor on Constitutions reform, the National Assembly and Parliaments, UNDP adopted the first detailed resolution Vietnam. Policy brief submitted by . Mazen Shaqoura, Deputy on public consultation, which pro- LGBT organizations entitled: Representative, OHCHR vided a strong role for the media and “Suggestions on the Draft . Olivier Pierre-Louveaux, allowed civil society and individuals Constitutional Amendment: Parliamentary Expert, UNDP to comment over a three-month Recommendations from

period. homosexual, bisexual and transgender people (LGBT)”. VIET NAM During the public consultation Credit: UNDP Vietnam UNDP Country Office period, the UN was invited by the National Assembly to advise on the In late November 2013, the National human rights provisions of the draft Assembly adopted the new 2013 amendments to the Constitution, and Constitution. The final amendments acted as facilitator of all UN agencies include revisions to the human rights present in Viet Nam, as well as provisions, a new provision against OHCHR, to produce UN-wide discrimination, and a refinement of comments on human rights which the country’s commitment to rule of were presented to the National law which introduces new approaches Assembly. to “checks and balances”, as well as a UNDP also engaged with non-state stronger affirmation of the role of the actors to help ensure a vigorous and courts. UNDP support to Constitutional open public consultation phase, In the end, options to establish a Reform in Viet Nam including supporting Vietnamese Constitutional Council or Court were Since Ho Chi Minh declared CSOs to engage women and excluded discarded, so the next question as independence on Ba Dinh square in groups and canvass their views on the country moves forward with 1945, Viet Nam has had four constitutional reform. UNDP also implementing the new Constitution Constitutions. The 1992 Constitution contributed articles on public will be how to interpret and apply the was revised in 2001, and in 2011 the consultation and other topics to provisions of the 2013 Constitution. National Assembly announced that it Vietnamese publications and journals. was time to review the Constitution This will no doubt continue to be the and amend it as necessary to bring it During this period, a wide-ranging subject of vigorous debate. up to date with the country’s fast- debate ensued, during which changing social and economic Vietnamese CSOs publicly conveyed Briefing prepared by:

the views of many excluded groups trajectory. . Bui Phuong Tra, Programme including youth, the elderly, people Officer, Parliamentary Development The National Assembly invited UNDP with disabilities, migrant workers, Viet Nam, UNDP to help bring international experts people living with HIV, LGBT and . Le Nam Huong, Programme Officer, and comparative experiences to bear women, on a wide range of social and Rule of Law and Access to Justice, on some of the most controversial governance issues including land UNDP constitutional issues to be discussed, rights, decentralization, rule of law, including different models of consti- . Nicholas Booth, Policy Advisor, and constitutional review. Access to Justice and Human Rights Asia-Pacific Regional Centre, UNDP

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YEMEN consensual outcomes on issues new Constitution incorporating the ranging from human rights, good outcomes, principles and values Office of the Special Adviser to governance and transitional justice to agreed to by the National Dialogue. the Secretary-General on the question of the South and a new On 9 March, the Yemeni President, Yemen federal state structure. Abdo Rabo Mansour Hadi, established the Constitutional Drafting Com- United Nations support to the mission (CDC), a technical body of 17 process, led by the Office of the members charged with drafting the Special Adviser to the Secretary- constitution. The CDC is comprised General (OSASG), involved raising of judges, lawyers, and other profes- over $20 million; providing specializ- sionals and draws upon Yemen’s ed experts and background papers on diversity. Approximately 25% of its key topics; hiring 125 Yemenis to membership is women. Over the service the NDC; and rolling out a next several months, the CDC will robust public information campaign produce a draft that will eventually be including over 240 hours of live TV presented to Yemenis for public From dialogue to action: launch broadcasting and dozens of TV pro- comment and then further refined and implementation of Yemen’s grammes, over 120 hours of radio before it is submitted to a public refe- roadmap of the constitution coverage, extensive use of social rendum for adoption. drafting media, and town hall meetings throughout the country. Most im- The UN, led by OSASG, is providing On 25 January 2014, Yemen portantly, Special Adviser to the critical and comprehensive support to concluded its comprehensive National Secretary-General, Jamal Benomar, the CDC and its Secretariat through Dialogue Conference (NDC). Hailed and his team provided political the provision of expertise and political as a historic milestone in Yemen’s facilitation and mediation to unlock mediation and facilitation - just as it transition from authoritarianism to impasses and build consensus did during the National Dialogue - as democracy, the 565 NDC delegates, throughout the process. This was the they undertake this monumental and spanning Yemen’s social, geographic most elaborate national dialogue historic task. At the request of Pre- and political spectrum (of which 30% process ever supported and facilitat- sident Hadi, OSASG assisted the CDC were women and 20% youth) ed by the UN, and included months of in organizing and conducting a stra- adopted the comprehensive Outcome chairing the negotiations on the tegic planning retreat in late March, Document by acclamation, following future status of the South and new during which the CDC agreed on its six months of preparations for the state structure. rules of procedures, code of conduct, NDC and another 10 months of an initial work-plan, and also began negotiations in nine working groups Invigorated by the achievement, the arduous task of distilling from the and two special committees. The Out- Yemen has begun the next phase of NDC Outcome Document the consti- come Document contained over 1800 its transitional roadmap – drafting a tutional principles that will guide their drafting. The CDC will soon begin initial drafting of constitution provisions. OSASG has mobilized a team of constitutional experts, including members of the Mediation Support Unit’s Stand-by Team of Mediation Experts, to provide support throughout the process.

While many milestones have been achieved since Yemen’s 2011 revolution, much remains to be done and significant challenges lie ahead for the Yemeni people and their leaders. Levels of poverty and un- employment are high, humanitarian and development needs are great, and some areas are affected by tribal Yemen. Young people holding a poster supporting the National Dialogue or sectarian related violence. Al- Conference "With dialogue we can build the future". Source: NDC Official Facebook page

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Qaeda also continues to threaten tural rights; a Gender security and stability in parts of the Commission is esta- country. On the political side, funda- blished; and it contains, mental decisions need to be taken on for the first time, a special a range of questions, most notably measure that increases core aspects of the new federal women’s representation in system that were not specified in the Parliament to more than NDC outcomes, such as devolution of one-third. powers to the different levels of the federal state. These and other issues With support from will require further political discus- UNWomen and UNDP, a sions and consensus. A National unique lobbying group Body, composed of the same groups known as the Group of 20 (G-20) successfully lobbi- that participated in the National Zimbabwe. Poster mobilizing women and men ed for these pro-visions Dialogue, has been established with a to vote for a new Constitution. Credit: Women’s mandate to oversee the imple- during Zimbabwe’s three- Coalition of Zimbabwe mentation of the NDC outcomes and year constitution-making to resolve any issues on which the process, from 2009-2012. including by producing substantive CDC may need guidance. The Na- The G-20 included women activists, advocacy and education materials; tional Body will approve the final senior politicians from all parties, Lobbying government officials, po- draft constitution before it is sub- women parliamentarians and aca- litical party leaders, members of mitted to national referendum. UN demics. This group became a key the COPAC committee, the COPAC Special Adviser Benomar will continue information source on gender drafters, and the general public. to support the parties in reaching equality, women’s rights and the political agreement on these issues Constitution. Since its endorsement, the alignment which will help to define the new of the gender equality provisions in Yemeni democratic state. UN Women supported the Ministry of Women Affairs, Gender and Com- the 2013 Constitution to all national laws and policies remains high on the Briefing prepared by: munity Development (MWAGCD) agenda of the MWAGCD and gender throughout the process to advance . Stephanie Koury, Political Affairs gender equality. UN Women provided equality advocates. Officer, OSASG Yemen technical support and established a Ensuring that women continue to strong coordination mechanism for realize their constitutional gains, the the G-20 strategies used, which ZIMBABWE national theme for 2014 International included: UNWomen Women’s Day was “Celebrating Providing experts to conduct Women’s Gains through the Consti- training sessions on international tution”. The MWAGCD now also plans gender quality standards and to hold a National Conference on the comparative constitutional pro- Constitution to enable women to map visions; out the next steps to ensure that the Developing 14 common principles Constitution’s gender equality pro- for the G-20 to advocate for, visions translate into a difference in across the spectrum of women’s women’s lives. rights, including reproductive rights, protection from domestic Briefing prepared by: violence, marriage equality and Women of Zimbabwe continue to equality in political representation; . Patricia A. Made, Knowledge and keep the new Constitution high Communications, UN Women Transforming the G-20’s original on their advocacy agenda women’s position paper into pro-

The new Zimbabwe Constitution (May posed constitutional language and 2013) includes respect for gender distributing it to members of the equality among the Founding Values. Constitutional Select Committee The Declaration of Rights is expanded (COPAC); and includes a section on women’s Conducting public awareness cam- rights, and socio-economic and cul- paigns throughout the country,

The UN Constitutional – Issue 2 Issue 1–December 2013 19

READER’S DIGEST

This section highlights a selection of papers on Federal Rivers: Managing Water in constitution-making offering insights into current Multi-layered Political Systems, By Dustin E. debates. It includes articles from academia, policy- Garrick, George R. M. Anderson, Daniel or practitioner-oriented organizations, and material Connell, Jamie Pittock, IWA Publishing

produced by UN entities. This book provides a comparative perspective on water and federalism

. across multiple countries. The terri- Constitutional Courts Process Lessons torial division of power in federations Learned in Yemen’s after the Arab Spring: plus the interconnected politics at the National Dialogue, By Appointment national and regional levels present a USIP mechanisms and classic governance test for waters relative judicial While Yemen’s national shared across multiple political juris- independence, By Constitutional dialogue succeeded in convening a dictions. The book examines the Transitions and IDEA broad range of Yemeni society on a successes and failures of federal host of issues, difficult key issues regimes in resolving water conflicts A constitutional court may play an were left unresolved. This report and achieving sustainable water important role in consolidating seeks to develop comparative lessons management. democracy after a constitutional tran- about processes that create sition. This report investigates how opportunities for conflict resolution Sierra Leonean constitutional court appointment and peacebuilding during transition. Constitutional procedures can promote judicial It discusses issues such as the Newsletter independence and judicial account- balance of the scale of the forum and ability to a democratically elected The Constitutional Re- the impact on other transitional government, analyzing four models of view Committee (CRC) processes that may be sidelined by a appointments as they are applied in publishes a monthly newsletter to dialogue. six countries (Germany, South Africa, keep the Sierra Leoneans and Egypt, Iraq, Italy and Turkey). Federal Terminology broader community abreast of the work carried out by the Committee. through Citizen Semi-Presidentialism The 3rd edition contains information Dialogues, By IDEA as Power Sharing: related to recently held workshop and Constitutional reform Federalism is a new engagement with Parliamentarians on after the Arab Spring, Meditation and conflict resolution, By Constitutional concept in Nepal and many new engagement with women groups and Transitions and IDEA words related to federalism were

introduced during the constitution media practitioners. This publication Semi-presidential government, if is supported by UNDP as part of its carefully designed, can act as a building process. This glossary was overall assistance to the CRC. mechanism to promote power sharing compiled through citizen dialogues in and ensure that presidential dicta- an effort to come up with a shared www.constitutionalreview.gov.sl torship does not re-emerge in a post- definition of contested federal terms authoritarian context. This report based on a common understanding. analyzes a range of options for *The text on this page is the designing a semi-presidential system. original summary provided by the

publisher. Some adaption possible.

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 2 Issue 2013 20 United Nations Headquarters We welcome your comments and suggestions. Please contact us at: New York City, 10017 [email protected] New York, USA Copyright © 2014 United Nations. All Rights Reserved.