The UN Constitutional

THE UN

CONSTITUTIONAL I

A Newsletter on United Nations Issue 3 Constitutional Support Fall/Winter 2014

FOREWORD

“The UN Constitutional” team is pleased to publish the third 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. This issue includes  UN Dep. of Political Affairs (DPA) two exclusive interviews – with a senator and a civil society activist -  UN Dep. of Peacekeeping Operations presenting their unique perspectives on constitution-making. The featured (DPKO) thematic article deals with constitutional reform in relation to peacebuilding  Office of the High Commissioner for and the social contract. Human Rights (OHCHR) “The UN Constitutional” is a manifestation of the collective desire of 6 UN  UN Development Programme (UNDP) entities to raise awareness of constitutional issues and themes, share  UN Children's Fund (UNICEF) information, and strengthen the provision of constitutional assistance.  UN Women

IN THIS ISSUE

Interview with Hon.Tito Interview with Valnora Edwin, Constitutional Reform, Rutaremara, Senator of the Civil Society Activist in Sierra Peacebuilding and the Social Republic of Rwanda (pp.2) Leone (pp.4) Contract (pp.6)

UPDATES FROM THE FIELD & HQ (p.8) Libya (pp.8) Nepal (pp.9) Sierra Leone (pp.10) Somalia (pp.11) Yemen (pp.12) UNDP Sierra Leone

READER’s DIGEST (p.12)

The UN Constitutional – Issue 3 Issue 2013 1

INTERVIEW: TITO RUTAREMARA

Interview with the Honorable Tito Rutaremara Senator of the Republic of Rwanda

Questions by UN Women

Q. The Rwandan Constitution Hon. Tito Rutaremara has been in place for over a decade. What do you think were Honorable Tito Rutaremara is a Rwandan Senator and former Chief some of the key interventions by Ombudsman and Secretary General of the Rwandese Patriotic Front (RPF), the Government of Rwanda that whose forces brought an end to the 1994 genocide in Rwanda. Thereafter, resulted in the Constitution’s he took a leading role in bringing stability and structure to Rwanda as an overwhelming acceptance by the active Member of Parliament. Hon. Rutaremara also served as the population? Chairperson of the Constitutional Commission, which was assigned with initiating consultations and preparing the draft Constitution that was A. When we were creating the ultimately voted in a referendum in 2003. Constitution, we wanted all Rwandans to participate. That is why the whole process took 3.5 years, to provide across the country. We even issues such as the kind of regime enough time to talk to the people and simulated Senates so that the they wanted – Parliamentary or get ideas from them. population could see how a system Presidential. would work in practice. We spent six months sensitizing the We didn’t only visit villages, but also population on what a constitution is, An additional six months were spent schools, ministries and departments what voting means, what democracy on specific ideas in the constitution. and even went abroad to consult with means. We created booklets in What are these and what do they the Diaspora. The important thing Kinyarwanda (the local language), mean? For four months where we was to find out what they, the and went from village to village sought the population’s input on Rwandans, viewed as important.

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INTERVIEW: TITO RUTAREMARA

The people could provide feedback in religious groups, for example, to groups or individually. They could discuss polygamy and monogamy Q. If you look at the situation write it down, call or email. Back then with the Muslim community. We had in Rwanda today, what chal- not everybody had a telephone and it separate debates for just women, but lenges do you feel remain in was important that we went to all the also brought women to debates with implementing the Constitution? villages to collect the answers. We men, and encouraged them to then collected them into a big express their opinions. Of course we still have database where we weighted it. The A. answers would be given different UNIFEM assisted us in organizing the challenges. A significant challenge is points depending on if they came debates, with financial support as that the culture favours men. An from a group or an individual. well as publications and at times important issue is the lack of attending the meetings to talk to the education for women. We really need We presented the findings to the women. to educate women and this takes population and they were again given time. Our population is poor but the opportunity to tell us if they were Q. What in your point of view women are poorer because of the of a different understanding and why. makes a constitution gender culture and their situation. Women Based on all these ideas we drafted responsive? are held back by the traditional role the Constitution in English, Kinya- of women as caregivers and house- rwanda and French and circulated it A.The first step is to encourage keepers; they simply do not have the time, making it hard to empower to the entire population for another women to participate in the debates them financially. We need to educate round of feedback. and discuss their problems with men, men to support their wives, to gender so that these problems can be We also shared the draft for sensitize men in order to change included in the Constitution. Second, discussion with various experts, both ruling mentalities. gender equality should be put in Rwanda and abroad, such as aca- guaranteed through the fundamental demicians from the US, Great Britain, principles. These principles are there Q. What do you believe are Belgium and South Africa. to be followed and not to be changed. Rwanda’s main achievements We need to always look at the rights I think the main point is that the thanks to the Constitution? to make sure that the women are population was always involved, represented. throughout the entire process. We A. Education is now open to all. spent years consulting and talking It is important to see how women More girls attend secondary school with them. participate in political parties. In the now, but women are still largely Constitution, all political parties need absent from universities. Having to make sure that 30% of their reached the goal of minimum of 30% What was the role that Civil Q. members are women. Then there is women in parliament is also an Society and development part- the work of the executives, were the achievement. But we still have a ners, such as former UNIFEM, and government needs to be a minimum problem with women’s representation others played in this process? of 30% women. This makes our in private sector/enterprises. The constitution gender sensitive. men hold a strong position, making it A. UNIFEM played a big role. We harder for women to enter. This is a needed to sensitize women and get Q. What were the main chal- problem for each and every depart- their opinion and we therefore ap- ment within the private sector. To lenges you faced in having the proached UNIFEM to help us. We empower women is to empower her Constitution be gender respon- realized that women were not present family; the money that she makes is sive? during the sensitization, because invested in the whole family. their time is not used the same way. It took us long time to mobilize A. Men prefer to go for meetings in the the population. We started mobilizing We would like to thank the evening, but at that time women are women in rural areas, and then Honorable Senator for taking the busy cooking and looking after the brought them to mobilize the men. time to meet with us. We greatly children. We therefore arranged We arranged discussions between appreciate it. special meetings for women. We also men and women. arranged special meetings for

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

INTERVIEW: VALNORA EDWIN

Interview with Valnora Edwin Civil society activist in Sierra Leone

Questions by “The UN Constitutional”

The UN Constitutional interviewed Ms. Edwin to explore ways in which Sierra Leonean civil society was engaging in the constitution making process and any impacts it has been able to have.

tution and therefore, we get a more Q. How is Sierra Leone civil hands on understanding of the society engaging with the consti- challenges at the operational level. I tutional process? have also served as facilitator in consultations held across the country A. Sierra Leone’s Civil Society organized by the Campaign for Good Governance and other groups. We Valnora Edwin Organizations (CSOs) are well- have been doing this since December represented in the Constitutional Valnora Edwin is a Sierra Leonean 2013. Review Committee (CRC). Outside the civil society activist who currently CRC, they CSOs are actively engaged serves as the Executive Director for in diverse ways, but primarily through Q. In what ways has civil the Campaign for Good Governance civic education, although there are society organized itself in order (CGG). CGG’s mission is: “To challenges such as limited resources to be more effective? increase citizen participation in for such activities. CSOs are governance, through advocacy, supporting consultations and advocacy A. CSOs have formed networks capacity building and civic around specific issues, including and are trying to coordinate their education in order to build a more gender equality, citizenship, strength- activities as much as possible. For informed civil populace and a ening the separation of powers and example, The Campaign for Good democratic State.” Ms Edwin is a limiting the powers of the executive. Governance is a network of CSOs and member of the Constitutional For example, CGG makes all of its with support from UNDP, one of our Review Committee of Sierra Leone, relevant reports available to the network members, Citizen for Consti- and continues to promote Constitutional Review Committee and tutional Change, holds monthly constitutional participation through they have been well received by forums where all CSOs and CRC the Campaign for Good members. CSOs have also made members interact. Governance. extensive use of the media as a means to capture those who could not attend forums and a wider audience. Q. What has been the involve- ment of marginalized groups, for view Committee it-self recognized the Q. What has been your own example, women, the disabled need for representation of these and young people, in engaging in role in supporting the current groups. The CRC includes women the constitution-making pro- constitution-making process in (though smaller in number than cesses? What has been done to Sierra Leone? population would suggest) and people reach out to these groups during with disabilities, as well as youth this process? A. I represent my organization in groups. Some specific consultations have already been undertaken with the Constitutional Review Committee, There are a number of organ- A. these groups and CGG is planning to following my previous participation in izations, including CGG, which are run more, subject to funding and the an earlier Constitutional Review Com- already working with these vulnerable constraints of the Ebola epidemic. mission in 2007. The added value has groups, with support from UNDP and been that our daily engagement as an the international community. The institution has been mostly around composition of the Constitutional Re- the specific provisions of the Consti-

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FEATURED: CONSTITUTIONAL REFORM & SOCIAL CONTRACT

Q. Have you worked with the UN as it assisted civil society in participating in the constitution- making process, and if so, what have you done with them?

A. I worked with UNIPSIL prior to its closure to hold a consultation with women from all across the country. We also received support from UN Women to have consultations with women from all political parties in three regions of the country. We are currently working with UNDP to engage tribal heads in the western area to be informed about the process. We will also engage the village heads in the Western area and ward committee members in other Valnora Edwin presenting a paper on women and governance. Credit: parts of the country when the public @StateHouseSL health emergency issues have been addressed. CSOs in Action

Q. In what ways do you think The Sierra Leone Women’s Forum has been advocating to the Constitutional Review Commission on a range of constitutional issues that they want the the UN or international com- review to address. According to Maude Peacock, the Forum's President, munity could help CSOs who are “Women continue to experience heightened violence, poverty, lack of access engaging in the constitution- to, and control of, resources including land, low literacy levels and under making process to be more representation in political and public life.” Accordingly, the Women’s Forum effective? has proposed the following actions: The UN and other development A. Section 27 (4) (d) and (e) should be expunged from the partners can support organization Constitution. These clauses provide exemption to the non- such as CGG, that have already been discrimination clauses of the Constitution, which allow for engaging in the process, to work with discrimination in relation “adoption, marriage, divorce, burial, other CSO groups based on thematic devolution of property on death or other interests of personal law”; areas and geographical spread in or “the application in the case of members of a particular race or order to develop a single CSO tribe or customary law”; document that could be presented to Land rights for women should be guaranteed by the Constitution; the CRC. It could also be used as an The 30% quota for women in parliament should be made a advocacy document, with the same constitutional provision; issues presented from all parts of the Social protection should be extended to the elderly and victims of country during consultations. sexual violence; Educational support for girls of all ages should be guaranteed by the Constitution; No discrimination in the workplace or in communal life for women making use of the Islamic Hijab.

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FEATURED: CONSTITUTIONAL REFORM & SOCIAL CONTRACT

Constitutional Reform, Peacebuilding and the Social Contract

By Charmaine Rodrigues

Celebration in Benghazi, Libya, at the conclusion of voting during the country's first nationwide elections in nearly half a century. Credit: Iason Athanasiadis / UNSMIL

on operational and technical In his briefing to the Security Council in September 2013, Libyan institutional reform programs. SRSG Tarek Mitri stated: “The constitutional drafting process presents an opportunity for the Libyan people to forge a new In fact, a constitutional reform exer- social contract that will govern the new Libya, making imperative cise presents development practitioners with a unique opportunity to therefore that it be transparent, consultative and inclusive.” support national counterparts to Political theorists have long recognized that the national engage in a fundamental exercise of constitution of a country is the framing legal document that national reflection and revisioning. captures the basis of the social contract between the state and Constitutional reform processes provide a rare entry-point to support the people it is supposed to serve. deeper and more overarching political and institutional governance Historically, national constitutions has been a tendency to view reforms. In post-conflict contexts, were designed to enshrine the basic constitutional review processes as this becomes even more significant. agreement between the governed “technical” exercises focused on the The unique role that a constitution and their government, setting out the legal redrafting of constitutional plays in setting out the design of the parameters of what the state can and articles. Arguably, this has stemmed government, the division of powers cannot do. Originally arising as a pact in large part from the fact that between branches and levels of the between the monarch and the development assistance became a government, the checks and bal- aristocracy to constrain the mon- tool of policy-makers in the 1970s ances over state institutions, funda- arch’s absolute powers, the European and 1980s alongside decolonization mental rights, and protections for Enlightenment ushered in a new era processes that saw many countries minority communities means that of constitutionalism that prioritised decolonized through constitutions they tend to operate as quasi-peace constitutions as vehicles for en- written by foreigners, given to them agreements. In such contexts, shrining a new social contract be- by their former colonial powers constitutions perform the unique and tween the state and broader society, and/or endorsed at conferences in critical role of enshrining in law the as witnessed in the French and foreign capital cities rather than political settlement agreed by post- American constitutions of the 18th through popularly elected parl- conflict powerbrokers and ideally, century. iaments or public referenda. This owned by the broader local populace. reinforced the notion of constitutions

While the historical roots of as legal drafting exercises rather In recent years, the push amongst constitutionalism are firmly en- than a nation-building opportunity to development practitioners for an trenched in social contract theory, develop a common vision for the increased emphasis on good gov- within the international development country and led the development ernance interventions, and the more community of the 20th century there community to focus its efforts more recent G7+ advocacy for a focus on

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FEATURED: CONSTITUTIONAL REFORM & SOCIAL CONTRACT supporting “legitimate and inclusive There has often been a tendency to 2004/5, but in 2015, the people of politics,” have seen a renewed support the negotiation of peace Bougainville will go to a ref- interest in constitutional reform as an agreements between a small erendum to determine the final opportunity to enshrine a new social coterie of elites – usually men, form of their legal relationship with contract for a post-conflict or tran- often ex-combatants and often PNG; sitioning state. Over the last decade, unelected leaders. These peace Allow sufficient time to develop the UN has been more systematically agreements have also often a broad-based national vision engaged in providing constitutional included constitutional agreements across society: assistance to Member States in post- regarding horizontal power-sharing conflict countries, but the results (i.e. the balance of powers In many post-conflict or have been mixed. A review of recent between the Executive and transitioning countries, the initial experience high-lights the following legislative branches) and vertical optimism following the cessation of lessons learned for consideration by power-sharing (i.e. the balance of the conflict or the toppling of a practitioners in the field: powers between the national and dictator has given way to a hasty sub-national levels of gov- scramble to rewrite the national Prioritise a transparent and ernment). While practical exi- constitution in order to pave the inclusive process: gencies often require a quick way for elections of a new While security, financial and bargain to broker a ceasefire and government. It is a lesson learned timing constraints may require a an initial peace, experience that it is important to allow constitutional settlement to be suggests that consideration should sufficient time to reflect on what reached speedily, nonetheless, at be given to enshrining such peace has come before and engage in an a very minimum it is essential agreements in “interim” consti- inclusive national conversation that any post-conflict constitutional agreements at best, to over what should come next. South tutional process be open and enable the broader population a African provides one of the best participatory. In post-conflict subsequent opportunity in peace examples of using a series of contexts, trust in national leaders time to determine their own dialogues to set the groundwork is often severely limited, which constitutional destiny. For ex- for constitutional drafting, with makes confidence-building mea- ample, in the Autonomous Region over three years of painstaking sures even more important as of Bougainville in Papua New negotiations between the ruling rumours can be severely desta- Guinea, the Bougainville Consti- party, the ANC and other political bilising of the peace. Even where tution was agreed as part of the stakeholders used to develop a proactive public consultations may peace process between the PNG joint vision for the democratic be difficult, at the least, efforts Government and the rebels in transition and related constitutional should be made to ensure information is shared on the process, the timing, the decision- making points and proposed content issues. Ideally, the public should also be provided the opportunity to contribute their own views on constitutional content, to build their buy-in for the eventual outcome. While universal agreement is not a practical objective, nonetheless, the opportunity to participate can be a key trust-building mecha- nism and can mitigate feelings of exclusion which can undermine a fragile peace; Tunisia. Short video on UNDPs activities aimed at facilitating the participation of Beware quick wins through Tunisian citizens in the drafting process through open consultation and dialogue elite bargains: from December 2012 to February 2013.

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FEATURED: CONSTITUTIONAL REFORM & SOCIAL CONTRACT

process. Two Conventions for a consensus amongst highly constitution drafting process took Democratic South Africa (CODESA) polarized political constituencies. more than two years to produce a were held in December 1991 and Following an abortive referendum constitution by the often-divided May 1992 to bring multiple political attempt in early 2008, a formal NCA. Despite two assassinations stakeholders together to forge a dialogue process was attempted, and a number of stalled efforts, the consensus. After the breakdown of with little success. In 2009, the NCA and key political powerbrokers CODESA II, these were replaced by parties came together again, placed a high premium on the April 1993 Multiparty Neg- complementing local level ini- consensus-building and dialogue. otiating Forum, which agreed on a tiatives to build trust and a This was complemented through way forward and paved the way for common sense of purpose across local level activities spearheading building a broader coalition in the nation. The constitution was by the NCA (and supported by the support of the agreed roadmap. passed by referendum in 2009, UN/UNDP), which focused on The gradual building up of trust with surveys showing that 92% of building more broad-based and consensus over many years the public supported dialogue as a understanding and support for the led to the final agreement to an means of working towards peace. constitutional process. Interim Constitution in November In Tunisia, deliberate effort was 1993, which set out the agreed put into dialogue and mediation T he Author national vision for the way forward. efforts, both at national and sub-

More recently, in Bolivia, a national levels. A new National Charmaine Rodrigues is a constitutional process that ex- Constituent Assembly was elected specialist on constitutional tended from 2006 to 2009 was in October 2011, but the assistance and political dialogue in the UNDP Bureau for Policy and characterised by repeated dialogue Programme Support (BPPS). efforts in order to attempt to build

FIELD & HQ UPDATES

What is the United Nations doing in constitutional The Constitutional Declaration re- quires that the CDA adopt a draft of assistance? This section offers an overview of the the constitutional text for public latest developments, challenges and lessons in this referendum within 120 days of its first meeting; that deadline passed key area of support sourced directly from our field on 19 August. Some CDA members have reportedly asserted that they missions, country offices and other UN entities. are not bound by this deadline, but the legal basis for this assertion is unclear. The CDA has announced LIBYA Since its first session on 21 April, plans to release a draft text by 24 the Constitutional Drafting Assembly UNDP Country Office & UN December, and a referendum by have elected its leadership, adopted March 2015. Mission (UNSMIL) rules of procedure, and established thematic working committees on UNSMIL has engaged with the CDA political systems, multi-level gov- to provide support and assistance Libyan filmmakers support ernment, the judiciary, rights and from its inception. UNSMIL’s DSRSG constitution building freedoms, army and police, financial attended the CDA’s initial session, systems and natural resources, local delivering a digital library of ref- While the political and security crisis governance, and independent erence materials and research that has gripped Libya since July has constitutional bodies. The assembly papers prepared in cooperation with raised serious questions about its’ has sent delegations to various UNDP, and a proposed framework for future and has understandably do- parts of Libya to engage with the coordinated international support. minated the public’s attention, its’ public and inform them of its work, constitutional process has continued to and has sent groups abroad for UNSMIL has provided the CDA with push forward. study tours and workshops. analytical papers on several substantive and organizational issues at

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FIELD & HQ UPDATES

short documentaries presenting selected issues on the future Libyan constitution. The mini-documentaries will look at such questions as the role of women in political life, federalism in Libya, and Libyan identity. The aim of these features is to provide background on the issues and to pose an open question in a way that stimulates thoughtful dialogue.

The evacuation of the UN from Libya in July 2014 has reduced the UN’s ability to provide direct support to the CDA. Despite not being on the Libya. Practical filming exercises as part of a training held in Tunis for Libyan ground, UNSMIL and UNDP are journalists and filmmakers reporting on constitution-making. Credit: UNDP Libya. working with the CDA on ways to their request, and has organized a capacities in communication and provide remote assistance. number of trainings for civil society, outreach. Under its programme media, and legal professionals. ‘Saloan AlLibyeen’, the multi-media Briefing prepared by:

campaign project, UNDP organised in . Adam Styp-Rekowski, Project Among other activities in support to Tunis a training for young filmmakers Manager Assistance to Building a the constitution-making process, from across Libya. The training Constitution, UNDP UNDP continues working with BBC covered technical skills, an intro- . David Raikow, Political Affairs Media Action and Albany Associates duction to the constitution, the role of Officer, Constitutional Support, on a multi-media outreach campaign. women in the constitution and the UNSMIL The project encompasses trainings of constitution-making process, as well Libyan journalist and filmmakers, as a presentation of a Tunisian NEPAL reporting on the constitution-making example on civil society engagement process through various media in constitution-making. BBC directors, UN Country Team products and channels. The project producers and editors will support seeks to build media capacity to and mentor the work of the Libyan facilitate an open dialogue between filmmakers in the months to come. UN’s support to democratic and the CDA and the Libyan population. It The trainees will produce a series of inclusive constitution drafting will also assist the CDA in building its process in Nepal

Writing a new democratic constitution, drafted by an elected Consti- tuent Assembly (CA), was the corner- stone of the 2006 peace agreement. The first CA (elected in 2008) could not complete the new charter due to differences over the delineation on federal states, which included sensitive issues of identity politics and communal tensions. A second CA was successfully elected through peaceful elections, which were supported by the UNCT, in November 2013. The second CA has committed to complete the new constitution by early 2015. It has made some progress, notably by reaching agreements on a number of crucial Nepal. Hon. Laxman Lal Karna speaking in the Samakon Dabali workshop on citizenship organized by Sancharika Samuha. Credit: UNDP Nepal. issues and deciding to build on other

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FIELD & COUNTRY UPDATES political achievements made since the Briefing prepared by: and institutions to solicit opinions on peace process began in 2006. . UN Country Team Nepal the draft constitution and the Consultations with a wide range of recommendations outlined in the stakeholders and negotiations on For further information: 2008 Peter Tucker Report on the proposed compromises are currently . Ziad Sheikh, UN Women Constitution. The CRC has engaged ongoing. The constitution writing Representative, Nepal Country Team with a range of major stakeholders; process has entered a crucial phase. to date, 35 position papers have been According to the CA calendar, the submitted by political parties, CSOs, parties need to settle all contentious SIERRA LEONE lobby groups and major public issues and submit a report to the CA UNDP Country Office & institutions such as the judiciary, plenary during September and Election Commission, Public Service UNWomen finalize the first draft by mid-October. Commission, Independent Media However, the parties have yet to Commission, National Federation of resolve the most contentious issues Sierra Leone Constitutional Farmers of Sierra Leone, and other relating to forms of governance, Review Committee continues trade associations, professional or- electoral system and the model of working despite Ebola emergency ganizations and government entities. federalism Nepal should adopt. The CRC had planned to submit its The Ebola Virus Disease (EVD) is final recommendations, after nation- The UNCT is providing assistance by ravaging the socio-economic and wide consultation, to the government facilitating dialogue and consensus- political landscape of the Republic of of Sierra Leone. However, due to building initiatives with a wide range Sierra Leone. The outbreak in May recent Ebola outbreak the of key stakeholders (including top 2014 abruptly disrupted national government restricted all large scale political actors, government official, processes, including the constitutional public meetings and gathering which key policy makers, members of the review already underway. In a bid to has seriously affected the CRCs public civil society and influential inter- contain the epidemic, President consultation plan. locutors), sharing of national and Ernest Bai Koroma has invoked a international lessons learned and best State of Public Emergency, limiting UN Women and UNDP have been practices, organizing sensitization, public gatherings. particularly active in supporting the orientation and civic education pro- CRC and CSOs to broaden the grammes for a range of stakeholders, Despite limited mobility and con- process to ensure it reflects citizens’ supporting advocacy efforts, and straints, the Constitutional Review aspirations, including in relation to providing technical and political Commission (CRC) decided to gender equality and women’s issues. support. These efforts focus on a continue its consultation with stake- Already, there has been a strong call number of issues including state holders, made possible with support to the CRC to create reserved par- restructuring (i.e. federalism), forms from UNDP and UN Women. To date, liamentary seats and include women’s of governance, the judiciary, electoral CRC sub-committees have consulted quotas in the revised constitution. systems, representation, inclusion more than 100 government bodies and fundamental rights. Considerable awareness raising and advocacy efforts have been undertaken in relation to the issue of citizenship and the equal and independent rights of women and men to transmit Nepali citizenship to their children, an issue that has also been raised by civil society. The UNCT is also reaching out to local representatives of UN Member States to provide political and diplomatic support to the constitution writing process.

Kenya. Hon. Dr B. Lahai, country’s first female minority leader of Parliament, explaining about the Constitution to women farmers.

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FIELD & COUNTRY UPDATES

Sierra Leonean women have also persistently called for the repeal of the claw back provisions of the constitution, which exclude matters of “adoption, marriage, divorce, burial, devolution of property on death or other interests of personal law” (Article 27 (1)-(3)) and matters related to customary law (Article 27(4)(d)) from the range of consider- ations in matters of discrimination. Many gender equality decisions made by the Sierra Leone courts have relied on this constitutional clause to limit the country’s ability to promote women’s rights.

In June, UNDP organized a two-day conference that helped organize women into district liaison focal Somalia. The Prime Minister of the Federal Government of Somalia and the persons who could stimulate women’s Puntland President during the signing ceremony of the agreement touching participation in the review process upon constitutional issues between the Federal government of Somalia and across the country. UN Women has Puntland. Credit: UNSOM. also mobilized and facilitated the newly established administrations. engagement of women from across SOMALIA Nascent discussions between the all sectors of society to ensure that UNDP Country Office & UN Federal Government and Puntland their voices are heard. mission (UNSOM) have also started, though progress Under the slogan “Leh we talk” (let us has been slow. talk), UN Women organized two Somalia constitutional support Progress has also been made in rounds of consultations, capturing the (II) terms of setting up key constitutional voices of over 6,000 women located review institutions. After months of in the remotest parts of the country. In recent months, substantial pro- negotiations, the Executive branch These consultations were used to gress has been made in moving nominated 5 members to the new educate primarily rural women on the forward with a number of political, Independent Constitutional Review constitutional review process, the legal and institutional milestones in and Implementation Commission gender equality dimensions of the Somalia’s constitutional review pro- (ICRIC), which was to be set up in existing 1991 Constitution and to cess. In particular, considerable accordance with ICRIC legislation document their views on changes progress has been made in establish- passed by the Federal Parliament. that they would like to see in a new ing Interim Regional Administrations, The Commissioners were endorsed by Constitution. Moving forward, the which are intended to act as Parliament in June 2014; UNSOM and views and aspirations of the women precursors to the Federal Member UNDP are now working with the will be collated into a historic States envisaged as part of the long- Government and Parliament to Women's Charter to be handed over term establishment of a federal re- develop a technical support package to the CRC and H.E President Ernest public. The Special Representative of for the ICRIC. Bai Koroma. the UN Secretary-General (SRSG) for Somalia, Nicholas Kay, has been Under the Provisional Constitution, Briefing prepared by: instrumental in mobilizing the inter- the ICRIC is to take its directions national community to support state . Sana Baloch, Chief Technical from the Parliamentary Constitutional formation in the central regions of Adviser Constitutional Review Review and Implementation Over- Somalia. The United Nations As- Project, UNDP sight Committee, which is mandated sistance Mission in Somalia (UNSOM) . Emma Vincent, Communications to lead the technical review of the and the UN Development Programme Officer, UN Women Sierra Leone existing constitution. In July 2014, a (UNDP) have also provided technical Strategic Retreat was convened to assistance and logistical support to

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FIELD & COUNTRY UPDATES discuss the different roles and Briefing prepared by: The Agreement reaffirms the National responsibilities of the Oversight Com- Dialogue Outcomes, including: the mittee, the ICRIC and the Ministry of . Charmaine Rodrigues, formation of an inclusive, techno- Justice and Constitutional Affairs Constitutional Assistance and cratic government; adoption of a (MOJCA), with technical inputs pro- Political Dialogue Specialist, UNDP government program for implement- . Ndubisi Obiorah, Political Affairs vided by UNSOM and UNDP. tation of the National Dialogue Officer, UNSNOM Outcomes, including economic reform . Additional constitutional implement- and measures to eradicate cor- tation legislation has also been YEMEN ruption; restoring state control over passed in recent months. The Judicial Office of the Special Adviser to security and the disarmament of Services Commission Act was the Secretary-General on armed groups; and the formation of enacted, with technical inputs pro- oversight committees for implement- Yemen vided by the Joint UN Rule of Law ting issues of Saada and the Question

Team). More broadly the UN is also of the South. providing advice on the constitutional Yemen constitutional support aspects of security sector reform. On 13 October, the President of Draft legislation to establish a Since its formation in March 2014, Yemen, Abd-Rabbu Mansur Hadi, Boundaries and Federation Com- the Yemeni Constitution Drafting named a new Prime Minister, Khaled mission was tabled in Parliament but Committee (CDC) has been working Bahah, and charged him with forming is still under consideration and likely to incorporate the National Dialogue an inclusive, technocratic govern- to be revised before being retabled in Outcomes agreed in January 2014 ment. Negotiations are ongoing the November session of Parliament. into a first draft of a constitution, amongst the political forces over the against a backdrop of intermittent distribution of ministerial posts. An Ad Hoc Electoral Legislation armed conflict and political change. Meanwhile, the Huthis have increased Committee was established within On 21 September, following intensive their military presence in Sanaa and Parliament, which produced a draft mediation by Special Adviser Jamal advanced further to areas south and Bill to implement the constitutional Benomar to end clashes between west of the capital, reaching Hudaida, requirement to establish a new Ansar Allah (Huthi forces) and the 1st a port city situated on the Red Sea. National Independent Elections Com- Armored Division commanded by Ali mission. This draft Bill has now been Mohsen, Yemen’s political parties Against this backdrop of uncertainty passed to the executive for final- signed the Peace and National and instability, the CDC has ization before being tabled in the Partnership Agreement. continued to draft the National current Fifth Session of Parliament. Dialogue Outcomes into a consti- Following a Needs Assessment Mis- sion undertaken by the Electoral Assistance Division and UNDP, a UN Elections Advisor has provided technical advice on establishing an NIEC, as a first step towards the referendum and national elections scheduled for 2016. UNSOM and UNDP are also working with the MOJCA and Parliament to identify public outreach priorities in support of the constitutional review process. This work will likely first focus on general information-sharing and awareness-raising activities, with support for public consultations likely once the technical review process starts in earnest in 2015.

Yemen. Mehdi Al-Mashat signing the Military and Security Situation Annex of the Peace and National Partnership Agreement 26 Sept. 2014, in the presence of Jamal Benomar. Source: Jamal Benomar Facebook page.

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FIELD & COUNTRY UPDATES tution. This has required the CDC to of regions has made allocating helping the CDC to reach consensus also take decisions on core issues not powers, responsibilities and voting on topics by providing both process sufficiently covered in the Outcomes, procedures between the two and substantive advice. The UN namely the structure and division of envisioned chambers of parliament (OHCHR, OHCR, UNDP, UNFPA, authorities within the new federal highly contested among political UNICEF and UN WOMEN) has also state of Yemen composed of six parties and the CDC. Likewise, the provided expert review on draft text regions. other special measures for judicial on the issues of rights and freedoms, and executive arrangements that elections, and gender, along with One of the most complicated issues have federal implications will also international NGOs such as IDEA and the CDC has faced to date is over the likely be subject to much debate. IFES and through bilateral donor tiers of government to be recognized support. in the constitution (federal, regional, In addition, the CDC has been governorate and local) and the al- drafting text on foundational prin- The CDC is aiming to complete the location of responsibilities among ciples, rights and freedoms, legis- first draft of the constitution by the them. lative and executive authority, end of November 2014, followed by a judicial structures (including esta- two month public consultation pro- Another key challenge facing the CDC blishment of a constitution court), cess. These consultations will build on is how to address the historical natural resources, public finance and the ongoing awareness campaign marginalization and discrimination administration. being led by the National Dialogue towards the south, and how to Secretariat to educate the public on protect the region’s vital interests in The Yemeni Trust Fund has been the National Dialogue Outcomes and the future. In deciding on the latter, supporting the process through the constitution drafting process. The the CDC has had to balance the sourcing of experts from more than next public consultations will entail a interests of a heavily populated north 12 countries on a range of topics, range of activities to ensure outreach composed of four regions, with a including federalism, finance, rights throughout Yemen, including holding relatively lightly populated south but and freedoms, gender equality, water town hall type meetings and receiving with extensive land forming its two and natural resources, and security written comments. regions. and defense. The DPA-Mediation Support Unit’s Standby team has also Briefing prepared by: The population disparity between the been instrumental to the CDC . Stephanie Koury, Political Affairs north and south and the demarcation constitution process, including Officer, OSASG Yemen

READER’S DIGEST This section highlights a selection of papers on constitution-making offering insights into current debates. It includes articles from academia, policy- or practitioner-oriented organizations, and material produced by UN entities.

VIDEO PRIMERS VIDEO INTERVIEWS

International IDEA I-CONnect offers a series of interviews with constitutional experts, discussing:

presents a series of Colombian Constitutional Law animated videos to Feat. Carlos Bernal complement its constitution-building The New Egyptian Constitution primers (click on title to Feat. Mohamed Arafa

watch): Developments in Irish Constitutional Law Feat Eoin Carolan What is a Constitution? Developments in Spanish Constitutional Law How are Constitutions Made? Feat. Benito Alaez Corral

Why do Constitutions Matter? Trends in Modern Authoritarianism Feat. Ozan Varol

The UN Constitutional – Issue 3 Issue 1–December 2013 13

READER’S DIGEST

Constitution Building: Judicial Tenure, Removal, Political Party Finance A Global Immunity and Accountability Regulation: Review (2013) Non-Executive Presidents in Constitutional reform By International IDEA Parliamentary Democracies after the Arab Spring Religion-State Relations By Center for Constitutional

Social and Economic Rights Transitions at NYU This report reviews a series of constitutional reform and constitution- This report applies comparative and Series: Meeting the making processes from 2013, orga- academic research on political party Challenges of nized around selected themes and finance law to the Middle East and Emerging trends in constitution-making. The North Africa region. The report report does not attempt to present a Constitutional discusses five areas of political party comprehensive collection of every Democracy finance regulation: the provision of process; rather it provides a record of By Center for Constitutional Transitions public funds to parties and selected constitution-building events at NYU campaigns; limits on party income; and acts as a resource for future This new CTT series focuses on limits on party spending; disclosure constitution-building processes. specific challenges that confront of party finances to the public; and constitution-makers in new enforcement of political party finance Series: IDEA democracies. The five substantive laws.

Constitution papers in the series are (click on title Sharia and Women’s Building Primers for link): By International IDEA Democracy Without Political Rights in Afghanistan This series of constitution-making Parties: Constitutional Options By USIP Semi-Presidential Government in primers is intended to assist in- This report discusses recent efforts the Post-Authoritarian Context country constitution-making pro- and future opportunities for using an Minority Rights in Culturally cesses. Arranged thematically around Islamic perspective to promote Diverse Societies the practical choices faced by women’s rights in Afghanistan, based Dealing with the Creation of constitution-makers, the primers aim on interviews conducted between Constituent Units in Federal and to explain complex issues in a quick June and October 2013 with legal aid Politically Devolved Regimes: A and easy way. Current primers and women’s rights organizations, Brief Guide for Practitioners include (click on title for link): activists, and donors. This research is Creation of Constituent Units in part of USIP’s women’s access to What is a Constitution? Federal Systems justice portfolio in Afghanistan, which Bicameralism has focused on community-based Constitutional Amendment means for women to seek justice. Procedures

Constitutional Monarchies in *The text on this page is the original summary provided by the publisher. Parliamentary Democracies Some adaption possible. Direct Democracy

Judicial Appointments

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 3 Issue 2013 14