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Background
 
Historically, constitutions were imposed by the victors of a conflict or political elites, and made behind closed doors. Today, however, 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. However, although constitution building processes (CBPs) have evolved, their recognition as critical tools for peacebuilding has not been recognized quickly enough tool. While these processes are as complex as elections and – as some may argue – even more important, the sharing of experiences between practitioners is limited and the tools and systematized comparative knowledge on constitutional options are still lacking.

A CBP that is inclusive, participatory, transparent and nationally owned can support sustainable peace in three main ways:

First, the process itself can serve as an important mechanism for reconciliation and conflict resolution by providing a framework within which a wide range of interest groups can work towards consensus on how to address root causes of conflict and on an appropriate framework for governance.

Second, an appropriate process can have a significant influence on the contents of the constitution, for example by ensuring that factors contributing to conflict are addressed and that concerns and rights of minorities are reflected.

Third, such a process makes it much more likely that the new constitution enjoys legitimacy, and that citizens of the country (including former combatants and their supporters) understand and support it. Although there is no guarantee that a constitution building process alone will lead to these outcomes, it is critical that the role of CBPs in peacebuilding be more carefully examined.