8.7.4 Build broad-based consensus on the country’s political future through inclusive and participatory national constituting processes. Constituting processes, ranging from national dialogue to constitutional conventions, seek to foster broad-based agreement on the political future and government structure of the host nation.411 The provision of technical support and resources, the training of dialogue facilitators, and the identification of media outlets to disseminate information to the population helps to ensure national constituting processes are effective, gain momentum, and are capable of engaging a range of participants.412 Elites play a particularly important and powerful role in this form of political settlement, and their buy-in and support is critical.413 The inclusion of women, minorities, and non-state traditional institutions is fundamental to the success of national constituting processes. Guarantee their participation through quotas, appointments, or other necessary measures to ensure representation.414

 

8.7.5 Help generate agreement on central issues for governance to prevent the renewal of violent conflict. Constitution-making processes afford the host nation population a major opportunity to make fairly momentous decisions about the shape of the state following violent conflict. Agreement may emerge on issues concerning religion and language, the secular or religious identity of the state, the degree of centralization or subnational distribution of power and authorities, the role of the armed forces, political and civil rights and liberties, minority rights, the type of and rules for electoral and legislative systems—in short, the issues that shape the kind of state that will govern a society that has undergone conflict severe enough to warrant the amending or replacement of a constitution.415

 

8.7.6 Focus on the process for writing the constitution as much as what the constitution says. The UN has recognized that the International Covenant on Civil and Political Rights affords the population the right to choose their form of constitution.416 Inclusive and broad-based public participation in the constitution-making process is an international standard that is key to developing a constitution that is widely supported.417 Often, these processes are more important than the document that is produced.418 Options for public participation in the constitution-making process can include electing a constitutional convention, generating a public dialogue on the draft content of the constitution, or holding a referendum on the adoption of the constitution. To hold a participatory constitution-making process, sufficient resources, attention, and time are critical to ensure that the result is based on consensus rather than externally imposed deadlines.419 This process can also play a powerful role in transforming conflict and generating legitimacy for the host nation government, because it helps the population articulate their common values, societal norms, and hopes for the future.420 Understand that the process may also be deemed as lacking legitimacy if leaders control commission appointments, block participation from segments of the population, or refuse to abide by term limits or other restrictions on power that are frequently part of constitutions.

8.7.8 Help former warring factions to reframe their interests through non-violent political processes.421 Help parties with conflict aims to view their interests differently through a political process. This will require time and patience and will typically not be amenable to any script or external control. Attitudes and demands, fortified by conflict and perceived sacrifice, may require years to transform into productive, peaceful ends. In these settings, former armed groups do sometimes transform themselves into political parties. Rejection of violence; acceptance of competitive elections; and respect for freedom of speech, association, and other fundamental human rights must be the price for entry into politics. When this decision occurs, consider the need for campaign training, platform development, and party law development, in addition to disarmament, demobilization, and reintegration. Understand that setbacks and protests in political governance may frequently occur and include temporary withdrawal or walk-outs of parties from parliamentary structures, boycotts of sessions or elections, and threats of or actual resignation by ministers.422 Protection for those who enter the political process, whether by peacekeeping or close protection police forces, is often required to confront threats from those who oppose their participation.

 

8.7.9 Bring the widest range of leaders into the political process and seek to include voices of moderation. Addressing problems of exclusion that characterized the period of violent conflict by including those who were marginalized and victimized because of ethnic, political, or religious identity offers hope for lasting stability. Many times, including previously marginalized or excluded groups in power sharing arrangements has formed a central objective of peace agreements. Creating all-parties councils, or Loya Jirgas, for example, can enhance the goal of having former opponents see their interests promoted through working cooperatively with the other.423 Understand, however, that in highly divisive societies, governmental decision-making may be inhibited by periods of paralysis and be hampered by patronage arrangements as a result of including very different views and interests.424 Power-sharing among identity-based groups that command allegiance over followers can dampen prospects for democratization and potentially exclude other groups, emboldening or even creating spoilers.

 

8.7.10 Reinforce issue-based politics over identity politics. Encourage and support collaboration among parties through coalitions or caucuses that seek to appeal to the population through issues that cut across identity groups. Issue-based politics focus on the interests of the population writ large, such as health care and housing, rather than the interests of ethnic, religious, or other identity groups.

 

8.7.12 Meet requirements for free and fair elections in order to reflect the population’s interests. The ability to elect political leaders is a fundamental human right recognized by the UN.425 It is also one of the most important mechanisms the population has for ensuring their interests and needs are represented by the government. Free and fair elections require agreement on the election laws and systems; available assistance with election administration; and adequate oversight of the process.426 In addition, the following daunting requirements are typically needed: a safe and secure environment, a functioning justice system, a media sector, accurate census data and voter registration, inclusive and participatory political parties, civic education, campaign rules, balloting logistics, disarmament and demobilization of armed groups, and trained and funded election staff.427 An independent national electoral commission is normally created to assist in the establishment of legal procedures and basic electoral rules, including the requirements for voting and the means to verify the voter registry.428 The inclusion of refugees, internally displaced populations, women, and minorities is important for effective elections after conflict and for stable governance. Broad participatory processes can also pose challenges—logistics, security, resource constraints, and management of public expectations—so understand and plan for these.

 

8.7.13 Consider the timing and impact of elections on the stability of the host nation.429 Elections are not just an exit strategy for the international presence or an antidote for violent conflict, they can produce negative consequences if not properly managed. While elections can increase the government’s legitimacy, they can also reignite tension and escalate motivations for violence if held under improper conditions. These may occur when adequate security conditions are not met, not all stakeholders and potential spoilers are engaged in the political process, institutions and laws such as electoral commissions or voter registries are not in place, and civil or political rights are not assured. Consider holding local elections prior to national elections to allow time for the proper conditions to emerge across the host nation. Consider the impact of the electoral system on the development of political parties when selecting the format for elections. Also, understand the impact on the operation of the legislature and of local government vs. national government when selecting the format for elections. Finally, understand and prepare for the role of the diaspora.

 

8.7.15 Consider the design and structure of the legislature to aid in stabilization. The type of legislative system that exists will depend on the electoral system the host nation chooses. The system may involve either proportional representation, where parties or individuals are elected based on their share of the vote, or majoritarian systems that award victory to those with overwhelming majorities. Understand the impact of both systems on prospects for stabilization and strive to ensure that, whatever system is used, the broadest representation from across the political spectrum exists in formal legislatures.

 

8.7.16 Strengthen legislative bodies to counterbalance the executive branch and help bolster representative and accountable governance. Develop effective legislative bodies, including national parliaments, assemblies, senates, or other elected legislative chambers, for sustainable governance. Legislative bodies are a vehicle for the representation of public interests in government and are the foundation for government legitimacy and accountability. They are needed to enact critical laws and reforms required for successful conflict transformation. Initial needs assessments help determine the institutional, professional, financial, and legal assistance required for progress. Assessments should analyze the political context of parliamentary development.432 Parliamentary development should also be included in the constitutional and electoral design.433 Technical assistance is often necessary for the institutional design and rules of conduct for legislative bodies, training for legislators and administrative personnel, and assistance with ensuring effective budget oversight and transparency. Specific attention to the competencies of political groups to perform their responsibilities within parliamentary processes strengthens legislative performance.434 A strong committee system that enhances lawmaking, oversight, and representation is a typical feature in effective legislative bodies.435 Transparency and accountability are served by holding open legislative sessions, publishing records of chamber and committee sessions, and ensuring legislators and their staff are accountable to the rule of law.

 

8.7.17 Train and mentor legislators and staff for conflict management. Legislatures typically mirror major divisions in society and without specific training and support for conflict management and mitigation skills and processes, those divisions may be enhanced, not ameliorated. Facilitation, mediation, and negotiation skills emerge from experience and are often not sufficient in S&R environments. Prioritize the strengthening of these skills. Help develop and sustain a community of support outside of the formal parliament in the form of civil society organizations, media, and academic institutions to provide analysis of issues, advise members and staff on process, offer training, and provide forums for constituents to channel concerns.436