Rule of Law

Constitution Making, Peacebuilding, and National Reconciliation

An Iraqi woman in the southern city of Basra, Iraq, walks next to posters promoting women's rights in the new Iraqi constitution on Au. 22, 2005.
(AP Photo)

Nations of every region of the world recognize the role of constitutionalism in their political and legal systems. In many countries making the transition from conflict, oppression, or other major political crises, one of the first tasks undertaken is the drafting of a new constitution—a key element of democratization and state-building.

This step is crucial to outlining the vision of a new society, defining the fundamental principles by which a country will be reorganized, and redistributing political power. Moreover, the constitution making process provides an opportunity for competing perspectives and claims in a post-conflict or transitional society to be aired and reflected in the state's foundational document.

Although a variety of projects and publications have focused on the substance of constitutions created during times of transition, less work has been done to examine the ways in which the process of creating a constitution can be a vehicle for national dialogue and the consolidation of peace. Looking forward to the likelihood of future constitution making processes, a need exists to explore the options for how such processes can be designed to meet the needs of particular social and political circumstances, and to create the basis for effective democratic government. To address this need, USIP created the project on Constitution Making, Peacebuilding, and National Reconciliation, which provides guidance to policymakers, negotiators and practitioners involved in constitution-making processes regarding tools and options at their disposal. At present, the Constitution Making Project has five key components:

Framing the State in Times of Transition: A Comparative Study of Constitution Making Processes (USIP, 2008)

USIP will complete and publish an edited volume in 2008 containing 21 case studies of constitution making experiences over the past thirty years along with several analytical chapters. Most chapters in Framing the State in Times of Transition were written by individuals directly involved in the respective constitutional processes, providing an extraordinary depth of first-hand detail and reflection.

Mediator's Handbook on Constitution Making

Constitution making has become a key element of many peace processes, and therefore a critical aspect of the work of mediators engaged in the drafting and implementation of peace agreements. In 2008, USIP will publish a handbook for mediators outlining the potential and pitfalls of engagement in constitution making as part of broader peace processes. This handbook is part of a series of mediator handbooks USIP is creating in cooperation with the Mediation Support Unit in the UN Department of Political Affairs. In preparation for the handbook, USIP conducted a workshop in New York in early 2008, in partnership with the Bobst Center at Princeton University. The workshop engaged experienced mediators and constitutional experts to learn lessons on the critical role that constitutional design issues play in peace-processes, and on the role of mediators in relation to these issues.

The Constitution Drafting Interface

Placing drafting tools and other intellectual resources into the hands of practitioners when and where they need them can be an essential input during constitution making processes. USIP and the Constitutional Design Group/Comparative Constitutions Project (CCP) of the University of Illinois are developing of a web-based resource for constitutional drafting, the Constitution Drafting Interface. This interface will allow those engaged in drafting processes direct access to a digital library of essential provisions of numerous constitutions, as well as comparative analysis of a variety of issues for comparative use.

Citizen Participation in Constitution Making

In countries coming out of conflict, the perceived legitimacy of a constitution, and how it was created, may be as essential to success as the outcome of any particular substantive issue. Therefore, public consultation and participation accompanied by robust public information campaigns are a fundamental element of constitutional processes. Building on its past groundbreaking work on this issue, USIP will co-host, with Interpeace and IDEA, a conference to discern lessons on public participation from past experience, drawing also on lessons from non-constitutional contexts.

Country-Specific Engagements

The Constitution Making Project engages directly in ongoing constitution making processes, providing support and advice to relevant national and international actors on issues of substance, process, and implementation. This includes past and ongoing engagement with government, international, and NGO/civil society organizations in Afghanistan, Bosnia, DRC, Iraq, and Sudan, among others. Building on the lessons of the project, USIP produced a Special Report in 2005 on Iraq's Constitutional Process: Shaping a Vision for the Country's Future.

 Read more about constitution making in Iraq

For more information, please contact Alex Thier at 202.429.4702 or athier@usip.org.

Of Related Interest

• Constitution of Iraq: United Nations Assistance Mission in Iraq (UNAMI) English Translation - 314 KB
• Iraqi Views of the Constitution, Referendum, and Elections
  USIP Event, September 2005
• Iraq Constitution Making: What Happens Now?
  USIP Event, August 2005
• Iraq After Elections: Focus on the Constitution
  USIP Event, February 2005
• Democratic Constitution Making
  Special Report, July 2003
• Constitution Making Process: Lessons for Iraq
  Congressional Testimony by Associate Vice President of the Rule of Law program Neil Kritz, June 2003
• On the Web: Constitution Making