:: Q&A ::

The constitution-making program, one of Interpeace’s key peacebuilding initiatives, supports constitution-makers globally as they conduct their critical task of creating, revising or reforming constitutions.

Download the Q&A in Spanish.

Q1: Why a Constitution-making handbook?

A: Since the end of the Cold War in the late 1980s there has been a dramatic increase in constitution-making. Recent months and the ‘Arab Spring’ have proven that this development continues. Constitution-making, if participatory, transparent, inclusive and nationally owned and led has the potential to resolve conflict, overcome deep divisions and create the foundations for lasting peace.

Yet those responsible for designing, advising or influencing a constitution-making process, no matter if they are nationals or internationals, have limited access to guidance about the options for designing such a process.

Back to top

Q2: Who will benefit from the handbook?

A: The content has been developed for use by a wide audience. The handbook is primarily focused on providing options to national constitution makers and their advisors. This includes members of constituent assemblies or constitutional commissions, government officials, politicians, civil society and the media. Donors, foreign advisors, policy analysts, academics, and international aid actors can also benefit and there is a section providing recommendations to international actors. Special attention is given to the needs of the reader undertaking a constitution-making process in a conflict or post-conflict country. Divided societies face unique challenges in achieving a consensus-based constitution-making process.

Back to top

Q3: What is contained in the handbook?

A: ‘Constitution-making and Reform: Options for the Process’ brings together the expertise of over 120 leading practitioners as well as research from all regions. Designed to interest practitioners in countries that are emerging from conflict, the handbook provides practical guidance by discussing the experiences of constitution-making over the last 40 years. It highlights the opportunities and dilemmas posed by key challenges and provides concepts, tools and practical tips. Issues addressed include:

  • What is the role of a constitution?
  • How does a constitution contribute towards democracy?
  • What are the most important options to consider when designing a constitution?
  • How to expand public participation and ownership?
  • What should a constitution-maker be aware of?
  • How can civil society and other external actors play a role?
Back to top

Q4: How was the content of the handbook developed?

A: Much of the knowledge contained in the handbook simply does not exist in publications. It certainly is not available from a ‘one-stop shop’. Experience needed to be harnessed, so workshops were held around the world to capture the available and invaluable expertise. Over three years, more than 120 practitioners and academics representing every region provided their input through consultations, interviews and workshops. Experience from over 100 countries also fed into the process. All this has been combined with the extensive experience of the authors.

Back to top

Q5: Who wrote the handbook?

A: Commissioned by Interpeace, Michele Brandt, who directs the organization’s Constitution-making for Peace program, co-authored the handbook with Jill Cottrell, Yash Ghai, and Anthony Regan. All respected individuals in the field of constitution-making, they have drawn upon their knowledge and practical experience to create this manual. Jill Cottrell has combined her field experience with her academic background to provide extensive contributions and advice. Yash Ghai has spent the last four decades both leading and advising constitution-making processes all over the world. Anthony Regan, a lawyer and an academic specialist in the domain of constitution-making, has also been directly involved in constitution-making processes for decades.

Back to top

Q6: Who is Interpeace?

A: Interpeace is an international peacebuilding organization and strategic partner of the United Nations. With programs in Africa, Asia, Central America, Europe and the Middle East, the organization has been enabling people to build peace since 1994. Interpeace provides support to societies to develop their own capacities to deal with conflict and differences, without the use of violence or coercion. Interpeace also shares local insights with policy makers from the international community and the United Nations, so that more people can benefit from lasting peace.

Back to top

Q7: Why does Interpeace have a ‘Constitution-making for peace’ initiative?

A: Constitution-making is an active field with limited resources and more and more societies crying out for constitutional reforms. Over 150 new constitutions have been created since 1975, and as many as 20 national constitutions are reformed or adopted each year. Recent months and the ‘Arab Spring’ have proven this development has continued. However, there are few resources for constitution-makers to draw upon.

Back to top

Q8: How have constitutions been typically built in post-conflict societies in the past?

A: Constitutions are often prepared behind closed doors during what is an exclusive process. Historically, constitutions were imposed by the victors of a conflict or by the political elites, and made behind closed doors. Today, constitutions are most often negotiated instruments and some form of constitutional reform is often a key component of comprehensive settlements to conflict and the transition from war to peace. There is also an emerging trend to expand the participation of the public in these processes.

Back to top

Q9: What are the typical conditions as constitutions are revised?

A: Post-conflict tensions create a challenging environment. At the point at which a constitution is being rebuilt, a society is likely to be experiencing a variety of post-conflict tensions. Conflicts over resources, rights, powers, identities, and past injustices are endemic and mistrust runs deep. Establishing the constitutional foundation in this situation can be a challenging task but by carefully considering the risks and opportunities posed by the possible options many hurdles can be effectively overcome.

Often there is a need for an urgent transition at the expense of an ‘inclusive’ constitution-making process. In an unstable society, every point of tension is potentially explosive, political and urgent. Because of this urgency, the tendency can be to focus on putting a constitution in place quickly as a way to reorder society and progress the political transition.

Back to top

Q10: How can a process of inclusive constitution-making improve the socio-political cohesion of a society?

A: A constitution-making process is an opportunity to build peace.

Although such constitution-making processes have evolved, their recognition as critical tools for peacebuilding has not happened quickly enough. These processes are complex and currently the sharing of experiences between practitioners is limited. The tools and comparative knowledge on constitutional options are lacking and there are limited resources for national actors, their advisors and their international partners.

Back to top

Q11: What can Interpeace do to enhance the constitution-making process?

A: Enhance capacity.

Our main goal is to enhance the capacity of national constitution-makers as well as key members of the international community so that they

Provide a framework.

The Interpeace view of constitution-making is of providing a framework within which a wide range of interest groups can work towards consensus on how to address root causes of conflict. It should offer a structure for governance, but avoid cementing in current issues that may cause obstacles further down the line.

Broad participatory dialogue.

Our approach is to promote national dialogue, to build consensus and to assist with conflict management, transformation, reconciliation and the strengthening of democratic institutions. We try to ensure that the concerns and rights of minorities or marginalized groups are reflected in the new constitution. Broad participation during the development of a constitution strengthens its legitimacy and ownership and it is making it more likely that citizens will understand and support the new constitution.

Back to top

Q12: What is Interpeace’s overall approach to peacebuilding?

A: The Interpeace approach to both constitution-making and peacebuilding is aligned:

Peacebuilding processes must be locally owned

Local ownership begins by ensuring that priorities are determined locally. If local actors participate in defining the problem they are more likely to take ownership of the solutions. It is therefore crucial that time, space and processes exist to promote dialogue that can lead to a consensus-based constitution.

Inclusion of all parties in the process

By ensuring the involvement of all relevant groups, actors from each social group are instilled with a sense of responsibility for the rebuilding and reconciliation process. Our experiences have shown that the exclusion or marginalization of certain actors breeds resentment and sows the seeds for renewed violence. A constitution-making process can be one of these defining moments in a country where, if key actors are excluded, peace is more likely to collapse.

The heart of the challenge is building trust

Trust cannot be imported, imposed or bought. It emerges slowly and sometimes reluctantly and is built through collective engagement on issues small and large and through consistent daily commitment to and application of a common vision. Building trust is at the heart of peacebuilding and is the most difficult outcome to achieve. More than the revitalization of infrastructure or the presence of government, trust is the glue that keeps society together in intangible but crucial ways. Trust gives institutions legitimacy and helps individuals and groups to remain engaged on the long path towards lasting peace.

Peacebuilding is a long term commitment

Interpeace is committed to accompanying societies along the often lengthy and bumpy road to peace. Support of local efforts must be patient, adaptable and consistent. There are no short cuts or quick fixes. Recognizing that the process of overcoming mistrust and deep divisions can be difficult, Interpeace’s work seeks to empower local actors to establish independent institutions that continue to address root causes of conflict and to promote peace over the long term.

Back to top

Q13: What practical help can Interpeace give constitution-makers?

A: Interpeace is developing key resources that will be widely available and easy to access. These include practical guides, web-based resources, advisory services and opportunities to share knowledge, best practices and experiences with constitution-makers.  The handbook is now available for all to access.

Back to top

Q14: What is Interpeace’s current and future focus for constitution-making?

A: Interpeace is currently developing a comprehensive range of activities and initiatives for the next phase of the program, which will run between now and 2014. The focus will be to ensure the expertise and knowledge gets into the hands of those that will benefit from it most.

The main program components will build upon the foundation established to-date and include:

- technical assistance;

- community of practice;

- capacity enhancement programs;

- development of the web-based resource centre and research, policy and knowledge tools; and

- awareness building initiatives.

Back to top