Governance Readings
LAWYERING PEACE: Governance
This chapter of the upcoming Lawyering Peace book first sets forth and discusses the puzzle of how parties establish a comprehensive legal framework for post-conflict governance. The chapter then outlines decisions relating to post-conflict governance and broad agreements to preliminary sets of principles coupled with a general governing framework during the initial negotiation. The parties to peace negotiations are increasingly agreeing to hold national dialogues as a prelude to the preparation of anew or amended constitution. A national dialogue, also known as a popular consultation or national conference, is a process in which representatives from multiple parties discuss the issues and challenges related to a political transition. The chapter provides an overview of recent national dialogues and turns to the puzzle of how to address constitutional modification during peace negotiations in a manner that promotes a durable peace.
video summary
Watch the video summary of the Governance Chapter of the Lawyering Peace book HERE.
Micro-Skills Exercise
Click HERE for a micro-skills exercise on post-conflict constitution making in Sudan.
Mini-Negotiation Simulation: Syria
The purpose of this negotiation is to identify and navigate the multifaceted challenges embedded in constitutional negotiation in the context of the Syrian conflict and peace process. While the central goal will differ for each party, discussions will involve reinstating stability, ensuring human rights are protected, promoting economic growth, and facilitating regional diplomacy. The intention is to explore potential points of agreement or disagreement among the key negotiating parties. Through the simulation, participants will debate their positions, learn negotiation techniques, identify points of conflict, and discuss potential solutions.
The simulation will tee up the conversation in the remainder of the class time on the question of governance, and draw from the relevant chapter in Lawyering Peace as well as the supplementary material, if any, provided on the class website.
The conflict in Syria, beginning in 2011 as part of the wider wave of protests and uprisings known as the Arab Spring, is complex and multifaceted. Over the years, it has evolved into a protracted and devastating civil war involving various domestic and international actors. The conflict has caused immense human suffering, displacement, and has had geopolitical repercussions. Although there have been multiple peace negotiations over the years, none have managed to secure lasting peace. The agenda for this negotiation is to discuss amending the current constitution or drafting a new one, in the event that stable peace is secured (post-conflict).
Click here to access the negotiation simulation on post-conflict governance in Syria.
Professional Development
Podcast: How to Manage a Meeting
Listen to the podcast HERE.
Harvard Business Review: Presentations
Read the article HERE.
Podcast: Alumni in Excellence: Tyler Rauert
Listen to the episode HERE.
Podcast: Lawyering Peace Podcast: Betsy Popken
Listen to a conversation on 2015-2017 Geneva Peace Talks for Syria HERE.
Additional Optional Material:
Readings
POST-CONFLICT CONSTITUTION DRAFTING PROCESS: CORE ELEMENTS
The purpose of this memorandum is to provide an overview of best practices of constitution drafting processes. The memorandum outlines the various phases of the drafting process, addressing the role of constituent assemblies and constitutional commissions in the drafting process.
Click here to read the memorandum, Post-Conflict Constitution Drafting Process: Core Elements.
THE POST- CONFLICT CONSTITUTION DRAFTING PROCESS: COMPARATIVE STATE PRACTICE
The purpose of this memorandum is to provide a brief overview of how post-conflict states have approached the constitution drafting process
CONFLICT CONSTITUTION-MAKING IN LIBYA AND YEMEN
This article is written by Darin Johnson, a Senior Peace Fellow at PILPG. The article develops a conceptual theory of “conflict constitution-making” that assesses the impact of civil war on constitution-making processes and the resultant constitutions and applies that theory to the events in Libya and Yemen. During civil war, unless a political détente can be reached that commits armed actors to a consensual and participatory constitution-making process, armed power brokers exploit the process and drive constitution-makers away from accommodation and into conflict. Such a conflict constitution-making process produces a “conflict constitution” that enshrines rather than ameliorates the sources of conflict
Click here to read the article, Conflict Constitution-Making in Libya and Yemen.
Transitional Constitution of the Republic of South Sudan
After the 2011 referendum in favor of secession, the ruling Sudan People’s Liberation Movement (SPLM) and various opposition political parties agreed on the need to adopt a transitional constitution. The Transitional Constitution of the Republic of South Sudan was drafted later that year by a Southern Sudan Constitutional Drafting Committee. Please skim the Constitution to gain an understanding of what a post-conflict constitution can look like and what it can include.
Click here to view the Transitional Constitution of the Republic of South Sudan.
POST-CONFLICT CONSTITUTION DRAFTER’S HANDBOOK
The Public International Law & Policy Group’s (PILPG) Post-Conflict Constitution Drafter’s Handbook is a guide intended to effectively assist drafters of constitutions in post-conflict situations. The Handbook draws from PILPG’s experience in facilitating post-conflict constitutional drafting as well as common state practice, and is based upon comparative analysis of over 150 constitutions from post-conflict states and from long stable countries.
Click here to read the Post-Conflict Constitution Drafter’s Handbook.
Iraq’s Constitution: A Drafting History
This law review article provides a drafting history of the most significant and controversial provisions of the 2005 Iraqi constitution.
Click here to read the article, Iraq’s Constitution: A Drafting History