Handbook Explains How to Create Durable and Inclusive Constitutions

William Eagle
May 21, 2012

The book is called Constitution-Making and Reform: Options for the Process.

Its authors say the process for designing and implementing a constitution is important: it is instrumental in rebuilding or strengthening states and political systems, and securing a durable peace.

For that reason, they say the guide pays particular attention to the special needs of constitution making in divided societies. It also focuses on ways to make sure the process is inclusive, transparent, participatory and nationally owned and led. The guide draws from the decades of experience of the authors as well as dialogue with dozens of practitioners in global workshops to discuss what has worked where -- and why.

Scott Weber is the director-general of Interpeace, a Geneva-based international organization that helps societies afflicted by war to build a durable peace. It works with more than 300 peace builders, the United Nations and other partners in 16 conflict zones around the world, including, Burundi, Rwanda, Guinea-Bissau, Liberia and the Somali region.

He said the handbook is not meant as a one-size-fits-all recipe for every country. Constitution makers are invited to use those parts of the guide that work best based on the historical, cultural and political context of a given country.

"That’s why the handbook is so important," said Weber. "It’s not a cookbook that says you start with this and you end up with this. It’s a guide that helps practitioners in society make choices when there are many options available to them and helps them to see the pros and cons of each.

Handbook overview

The handbook, which is also available online on Interpeace’s website is divided into four parts, including an overview of the roles played by constitutions and of the challenges involved in creating them in conflict situations.

The opening chapters look at some of the tasks that are part of the constitution-making process and the institutions and procedures often used to achieve them. Among the tasks are establishing timetables, creating interim constitutional arrangements and conducting public education and consultations.

Other parts of the book look at the various institutions that can play a role in establishing rules, topics for consideration and drafting of a constitution. Among the institutions and bodies that can be used to help ensure a participatory and inclusive process are roundtables, constitutional commissions and assemblies, the courts and legislatures.

The final section provides guidance for civil society, media and other external parties involved in constitution-making.

Lessons drawn from experience

Weber said the handbook includes several lessons learned from decades of experience.

One of them involves ownership of the (constitution-making) process. He says priorities must be determined locally and determined by dialogue that will lead to a document based on consensus.

"These processes should not be designed by the outside," said Weber. "Too often when you have a large international involvement, there’s a sense that part of the process to bring closure to conflict is going to be the drafting of a constitution. There’s no more sovereign act for a society than to draft its own constitution, and when you have too much of an international presence in a society it tends to influence the process too much.

Role of the international community

Michele Brandt is a constitutional lawyer with experience in constitution-making in several countries, including Afghanistan, East Timor and Cambodia.

She is currently advising on several Arab Spring countries and is one of the authors of the handbook.

"The international community should respect that the constitution-making is a sovereign process and is also deeply political," said Brandt. "This is not to say that there is no role for the international community. At times, international actors play a key role in brokering a peace agreement.

"When the international community is involved in advising on peace agreements, it should ensure that it does not repeat common mistakes from the past. For example, suggesting [as in Cambodia and East Timor] that the process adopt a constitution within a 90 day time frame.