The Constitution Making Project engages directly in ongoing constitution making processes, providing support and advice on issues of substance, process, and implementation to government, international, and NGO/civil society organizations in Afghanistan, Bosnia, Iraq, and DRC, among others.
Iraq: Iraq’s 2005 Constitution failed to forge a national consensus on key issues of state and has in some cases hindered the process of genuine accommodation and reconciliation. Constitutional institutions have not been established, mandated laws not enacted, and fundamental rights inadequately enforced. USIP continues to assist national, regional, and provincial officials in refining and implementing Iraq’s Constitution. USIP is working with federal and regional judicial officials to improve synchronization and coordination between the two judicial systems, and is working with federal and provincial officials to design and implement an effective strategy to devolve selected competencies from federal to the provincial responsibility. In addition, USIP is assisting Iraqi minority leaders to protect and strengthen constitutionally guaranteed rights and protections.
Afghanistan: Ultimately, Afghanistan’s success as a stable constitutional democratic state depends on the ability of legitimate Afghan authorities to establish and adhere to the rule of law. A new constitution was ratified in 2004, but fundamental problems remain concerning the interpretation and implementation of the constitution. USIP is now establishing a new Center on Constitutional Law and aims to provide technical support to the Supreme Court, the Commission for the Supervision of the Implementation of the Constitution, as well as other independent bodies, including the Afghan Independent Human Rights Commission (AIHRC).
Sudan: Though overshadowed by the forthcoming referendum on southern independence, the Sudanese states of Southern Kordofan and Blue Nile will in 2010 and 2011 undertake the potentially transformative CPA-mandated Popular Consultation – a process wherein the two states will renegotiate their administrative, political, and constitutional relationships with the central government. USIP is assisting officials from Southern Kordofan and Blue Nile to design a broad based, transparent, and participatory process to ascertain the needs and aspirations of the people, and is providing substantive inputs on key issues including wealth sharing, natural resources management and revenue distribution, power sharing, land management and religion.