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Begin New Search Content Type Policy Brief Publishing Institution United States Institute of Peace Author Scott Worden

1. Constitutional Interpretation and the Continuing Crisis in Afghanistan

Author:
Scott Worden and Sylvana Q. Sinha
Publication Date:
11-2011
Content Type:
Policy Brief
Institution:
United States Institute of Peace
Abstract:
The recent controversy in Afghanistan over the outcome of the 2010 parliamentary elections ultimately resolved the question of who sits in Parliament, but left a more fundamental question unanswered: "Who has the power to interpret the Afghan Constitution?" Ambiguities in the language of the Constitution make it difficult to determine who has the legal authority to interpret it. The Supreme Court maintains that the Constitution gives it the power of judicial review, but the Constitution also calls for the Independent Commission on the Supervision of Implementation of the Constitution (ICSIC), which the Parliament has mandated to decide constitutional issues instead. Without political and legal consensus over who has final authority to decide different types of constitutional claims, Afghanistan cannot achieve a rule of law where government activities are subject to consistent and transparent rules. Afghanistan must establish clear and unambiguous rules for constitutional interpretation to avoid damaging crises about political leadership and the separation of powers as the security transition and Presidential election approach in 2014.
Topic:
Conflict Resolution, Democratization, Islam, War, and Insurgency
Political Geography:
Afghanistan

2. Traveling toward the Rule of Law in the Middle East and North Africa: Avenues and Obstacles

Author:
Jason Gluck, Scott Worden, Colette Rausch, and Vivienne O'Connor
Publication Date:
04-2011
Content Type:
Policy Brief
Institution:
United States Institute of Peace
Abstract:
Popular uprisings throughout the Middle East and North Africa are demanding justice, security, and accountability— defining features of the rule of law. Constitutional reform is a priority, but it must be done by legitimate representatives of the people, not hangovers from the past. Principles of inclusivity, transparency, and participation must be at the heart of the process.
Topic:
Democratization and Law
Political Geography:
Iraq, Middle East, Kosovo, Nepal, and North Africa

3. Analyzing Post-Conflict Justice and Islamic Law

Author:
Whitney Parker, Scott Worden, Shani Ross, and Sahar Azar
Publication Date:
03-2011
Content Type:
Policy Brief
Institution:
United States Institute of Peace
Abstract:
Post-conflict justice mechanisms such as truth commissions, war crimes tribunals and reparations programs have emerged as a fundamental building block of durable peace settlements in Latin America, Africa and Asia. They are relatively rare, however, in Muslim countries recovering from conflict-despite the fact that social and criminal justice is a fundamental principle of Islamic law.
Topic:
Conflict Prevention, Crime, Islam, War, Law Enforcement, and Law
Political Geography:
Africa, Asia, Arabia, and Latin America

4. Delays Will Not Improve Afghan Elections

Author:
Scott Worden
Publication Date:
02-2010
Content Type:
Policy Brief
Institution:
United States Institute of Peace
Abstract:
The presidential and provincial council elections held in Afghanistan in August 2009 were marred by irregularities and fraud, leading voters and candidates to question the fairness and utility of the democratic process there. The Afghan government announced in late January that it will delay Parliamentary elections until September 2010—several months beyond the deadline set by Afghanistan's constitution. The extra time is needed to make adequate logistical preparations, but little has been done so far to reform electoral institutions or policies to prevent a repeat of the problems of the 2009 elections. Without signi_cant changes in the personnel and policies of the Independent Electoral Commission (IEC)—the constitutional body responsible for overseeing all electoral processes— the 2010 election is likely to fall below international standards and risks undermining government (and international) legitimacy at a critical period for the counterinsurgency strategy. In addition, signi_ cant long-term reforms, including a wholesale revision of the voter registry, must be initiated now to ensure that the district council and other future Afghan elections are credible and acceptable.
Topic:
Democratization, Sovereignty, and Governance
Political Geography:
Afghanistan and Asia

5. Transparency is the Key to Legitimate Afghan Parliamentary Elections

Author:
Scott Worden
Publication Date:
10-2010
Content Type:
Policy Brief
Institution:
United States Institute of Peace
Abstract:
On September 18, Afghanistan held its second parliamentary elections since the fall of the Taliban. Like last year's vote, these elections were marked by high levels of violence, low turnout and widespread reports of fraud.Despite the challenges, however, Afghans across the country defied Taliban threats and overcame problems with the electoral administration to signal their support for the democratic process. Participation appeared higher among the youth demographic, which is a promising sign for the future of democratic processes in Afghanistan. It is still too early to tell whether the quality of the elections was better than the flawed 2009 process, but the Independent Election Commission (IEC) has improved its procedures and transparency both before and after the elections, and has so far helped to restore the credibility of the institution as a neutral administrator of the electoral process. Meanwhile, the Electoral Complaints Commission (ECC) is again under-resourced, has had little time to establish and train the Provincial Electoral Complaints Commissions (PECCs) that will be adjudicating the 4,200 election day complaints, and has yet to make public its decisions regarding the campaign or polling complaints.The ultimate success of the 2010 elections depends less on the level of fraud that was committed on election day-which was bound to be high-and more on the way in which the fraud is handled by the IEC and ECC. If they are transparent and honest about the problems, and take responsible corrective action, then the elections can be considered a partial success despite its flaws.
Topic:
Corruption, Democratization, and War
Political Geography:
Afghanistan and Central Asia

6. The Justice Dilemma in Uganda

Author:
Scott Worden
Publication Date:
02-2008
Content Type:
Policy Brief
Institution:
United States Institute of Peace
Abstract:
On February 18, 2008 the Ugandan government and the Lord's Resistance Army (LRA) reached agreement on an accountability and reconciliation accord that would provide for prosecution in Uganda of senior LRA leaders most responsible for atrocities committed over the course of the country's 20-year long civil conflict. The agreement also provides that lower level perpetrators will be held accountable by traditional justice mechanisms indigenous to Northern Uganda, where much of the violence occurred.
Topic:
Conflict Resolution, Development, and Ethnic Conflict
Political Geography:
Uganda and Africa

7. Telling the Story: Documentation Lessons for Afghanistan from the Cambodian Experience

Author:
Scott Worden and Rachel Ray Steele
Publication Date:
12-2008
Content Type:
Policy Brief
Institution:
United States Institute of Peace
Abstract:
Documentation centers dedicated to researching, recording, archiving and protecting information related to mass crimes and human rights abuse conflict have been organized in countries as diverse as Cambodia, the Democratic Republic of Congo, Guatemala and Iraq. Their work is an integral part of a transition from an authoritarian regime or war to sustainable peace. Victims want to tell what happened to them, be acknowledged, and know how and why atrocities occurred. Moreover, an accurate accounting of past crimes applies pressure to remove perpetrators from power and raises awareness toward preventing future abuse.
Topic:
Conflict Resolution, Human Rights, War, and International Affairs
Political Geography:
Afghanistan, Iraq, Central Asia, Asia, Democratic Republic of the Congo, Cambodia, Guatemala, and Southeast Asia

8. Rebuilding Civil Society in Afghanistan: Fragile Progress and Formidable Obstacles

Author:
Scott Worden and Christina Caan
Publication Date:
07-2007
Content Type:
Policy Brief
Institution:
United States Institute of Peace
Abstract:
Nearly six years after the U.S.-led invasion of Afghanistan, efforts to develop civil society are showing tentative signs of progress. Advances are especially evident in the increasing capacity of Afghan non-governmental organizations (NGOs) in Kabul. But the effectiveness of civil society in influencing development in the provinces remains low, and rising insecurity in many regions threatens the future prospects of the nascent Afghan civil society.
Topic:
International Relations and Civil Society
Political Geography:
Afghanistan, United States, and Asia

9. Special Court of Sierra Leone Briefing: The Taylor Trial and Lessons from Capacity-Building and Outreach

Author:
Scott Worden
Publication Date:
08-2007
Content Type:
Policy Brief
Institution:
United States Institute of Peace
Abstract:
Against a backdrop of halting progress by many international courts, the Special Court of Sierra Leone (SCSL) has quietly had significant success in accomplishing its mission to provide justice for the perpetrators most responsible for the horrific crimes committed against the people of Sierra Leone. Three years into the Court's operation, it has achieved guilty verdicts in cases against five defendants—with two verdicts in the past two months—that have set several important precedents in international law. The SCSL has just begun its last and most prominent case with the trial in The Hague of Charles Taylor for his role in fueling the violence in Sierra Leone while he was President of neighboring Liberia. The Taylor trial is expected to end in the fall of 2008, and with that, the Court will begin its wrap-up phase.
Topic:
Conflict Resolution, International Relations, and Government
Political Geography:
Africa and Liberia

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