THE UN CONSTITUTIONAL I A Newsletter on United Nations Issue 4 Constitutional Support Spring 2015 IN THIS ISSUE “The UN Constitutional” team is pleased to publish the fourth issue of its The UN Constitutional team comes newsletter featuring articles by constitutional experts, reports from the field, from the following agencies: and a digest of recent constitutions-related publications. UN Dep. of Political Affairs (DPA) UN Dep. of Peacekeeping Operations This spring issue includes one exclusive interview with the current President of (DPKO) the Libyan Constitutional Drafting Assembly. Our two feature articles deal with Office of the High Commissioner for the challenges facing constitutionalism in Africa, as well the historical roots of Human Rights (OHCHR) constitutional Sharia. In addition, this issue presents experiences from 10 UN UN Development Programme (UNDP) field missions/offices, as well as updates from Headquarters. UN Children's Fund (UNICEF) “The UN Constitutional” is a manifestation of the collective desire of 6 UN UN Women entities to raise awareness of constitutional issues and themes, share information, and strengthen the provision of constitutional assistance. INTERVIEW: FEATURED: FEATURED: Ali Tourhani, President of History of Constitutional Constitutionali sm in Africa: the Libyan Constitutional Law in the Sharia Legal the Challenge of Reform for Drafting Assembly (p.2) System (p.4) Undemocratic Purposes (p.6) UPDATES FROM THE FIELD & HQ (p.7) Burkina Faso p.8 Sierra Leone p.12 Central African Republic p.9 Somalia p.13 Grenada p.9 Tanzania p. 14 Liberia p. 10 Yemen p. 15 Libya p.11 Headquarters p.17 READER’S DIGEST (p.18) RESOURCES ON CONSTITUTIONAL ASSISTANCE SIGN UP FOR THE NEWSLETTER www.constitutionmaker.un.org (UN System personnel only) [email protected] The UN Constitutional – Issue 4 Issue 2013 1 INTERVIEW: DR. ALI TARHOUNI PRESIDENT, LIBYA CDA Interview with Dr. Ali Tarhouni President of the Libya Constitutional Drafting Assembly Questions by UNDP/UNSMIL Activists take part in a rally calling for Libyan unity. July 2012 (Credit: Iason Athanasiadis/UNSMIL) measures; (vii) local governance; and leaders, women’s groups, academics, Q.The CDA published a first (viii) the financial system, including experts and youth groups amongst draft constitution on its website natural resources. others, all of whom were thankfully in December 2014. Congrat- willing to make the often long journey ulations. Can you explain how In the first few months, in addition to to give us their input and share their the CDA conducted its work? our internal discussions, we wanted work. to be proactive in reaching out to the A.There were a number of phases public, to encourage their parti- The CDA members also attended cipation and to hear for ourselves workshops in Libya and outside leading to the work that has been their aspirations for the constitution. focusing on different topics such as produced so far. Shortly after the The CDA travelled across the country human rights, revenue sharing and CDA’s first meeting in April 2014, it to villages, towns and cities, for a local governance, amongst others. elected the office of the presidency, number of open town-hall meetings. organized its internal regulations and Unfortunately by July 2014, due to In total, the committees conducted agreed on the constitutional road the escalating security situation, the around 300 meetings and published map. outreach tour and the viability of their initial work on the CDA’s website visiting all parts of the country were on 24 December 2014. We then formed eight thematic no longer possible, as some areas committees and mandated each to became conflict zones. Following the release of the initial concentrate on developing different work of the committees on 24 chapters. The committee themes To ensure the consultation process December 2014, CDA members went were: (i) the form of the state and its continued, we established a mechan- back to each of their constituencies to basic components; (ii) the form and ism to receive written proposals and discuss the drafts with stakeholders. system of governance; (iii) the direct them to the relevant com- They conducted different meetings, judiciary, including the Constitutional mittee. We have also kept our doors workshops and social media consul- Court; (iv) independent constitutional open at our base in Beida, hosting tations in order to collect feedback bodies; (v) the army and police; (vi) meetings with different groups, from the public on these outputs. rights and liberties, plus transitional engaging with CSOs, community The UN Constitutional – Issue 4 Issue 2013 2 INTERVIEW: DR. ALI TARHOUNI PRESIDENT, LIBYA CDA Dr. Ali Tarhouni is a member of the Libyan What has been the most Q. Constitutional Drafting Assembly. During the first interesting and/or challenging CDA session, on 21 April 2014, he was elected the aspect of chairing the CDA? President of the CDA by a simple majority vote of its members. Born in Libya, Tarhouni studied economics at A. Chairing the CDA has allowed the University of Libya, until fleeing the country in me to feel connected to the whole of 1973. He was stripped of citizenship, sentenced to Libya, because not only do the CDA death in absentia, and put on a government hit list members represent the majority of in 1981. After immigrating to the United States, Libya, but as part of my work I meet Tarhouni continued his studies, earning a master's degree (1978) and a Ph.D. (1983) from Michigan Libyans from all across the country State University. From 1985 until the outbreak of who want to share their thoughts on the Libyan revolution, he was a popular senior the constitution and the hopes they lecturer in business economics at the University of Washington Michael G. Foster have for it. They remind me of how School of Business where he won numerous teaching awards. much faith the Libyan people are putting in us to deliver and also of After the Libyan revolution in 2011, Tarhouni was named to head both the oil and the responsibility we the CDA now finance ministries of the National Transitional Council, an opposition council bear. formed to coordinate anti-Gaddafi elements during the Libyan revolution. Tarhouni was also named as Deputy Prime Minister on 2 October 2011 after acting in the position for several months. Afterwards, he succeeded Mahmoud Jibril as acting The biggest challenge is to keep the Prime Minister, a role which ended with the election of Abdurrahim El-Keib. institution of the CDA above the current political struggles and ensure with some of their representatives to However as the CDA must remain we remain focused on the objective hear their specific demands. In non-partisan, and keep itself and its of producing a constitution that all December 2014, we established a activities separate from the current Libyans feel represents them and consensus committee, whose main political bodies, it has had very little ensures their hopes and dreams of a mandate is to define the concept and engagement with parliamentarians. better future. I’m reminded every mechanism of consensus with differ- hour, every day of how challenging it ent representatives of the Amazigh. is to draft a constitution for this The constitutional roadmap country that is divided and in the Q. midst of a civil war. calls for the CDA's draft, event- Q.How has the CDA engaged ually, to go to public referendum with the different stakeholders is this possible in the current Q.What were some of the more who are interested in the consti- political climate? If not, what do tutional process – for example, you think should or will happen difficult issues the CDA had to parliamentarians, civil society next with the constitution-making resolve? And how did the CDA go organizations, academics and the process? about achieving consensus? general public? Is more public consultation envisioned? A. There is still every intention A. Early on, one of the most that once the CDA delivers a draft difficult issues that we worked hard A. The CDA has always been Constitution there will be a refere- to resolve was how to ensure the willing and is in fact proactive in ndum. We have great hope that the participation of the Amazigh, Tebu engaging with all of civil society. As current political turmoil will not and Twareg communities, as they previously mentioned, alongside the continue much longer and that a initially chose to boycott the constitu- outreach to the cities that we held resolution will be found. In the tional elections. We succeeded in early on, we have ensured our doors meantime, we are continuing on the bringing on board the communities of were open to any of the civil society roadmap we have outlined and Tebu and Twareg. stakeholders interested in sharing focusing on completing our mandate their work, offering feedback or of delivering a draft constitution that We took steps to find a resolution to requesting information. is ready for a national public the Amazigh issue, including meeting referendum. The UN Constitutional – Issue 4 Issue 1–December 2013 3 INTERVIEW: DR. ALI TARHOUNI PRESIDENT, LIBYA CDA opinions. It will hopefully provide a society representatives and by Q.In what ways can the CDA valuable opportunity for Libyans to helping make the process more and constitution making process address their aspirations and inclusive and participatory. The UN contribute to positive resolution concerns, which in turn will create has also taken a leading role in the of the conflict? stronger social cohesion. co-ordination of the international community’s efforts to support the Once passed, the constitution will CDA. A.Libya is going through a difficult become the basis on which issues would be dealt with, as it will equally However unfortunately because of the period, which has adversely impacted protect the rights of the population.