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12. Extending Libya's Transitional Period: Capitalizing on the Constitutional Moment
- Author:
- Jason Gluck
- Publication Date:
- 09-2011
- Content Type:
- Policy Brief
- Institution:
- United States Institute of Peace
- Abstract:
- The National Transitional Council (NTC) new Constitutional Declaration is a critical development in Libya's transition to democracy. But while most features of the document are very positive, the relatively short timeline for the transition may create significant challenges.
- Topic:
- Democratization and Regime Change
- Political Geography:
- Arabia and North Africa
13. Nigeria's 2011 Elections: Best Run, but Most Violent
- Author:
- Dorina Bekoe
- Publication Date:
- 08-2011
- Content Type:
- Policy Brief
- Institution:
- United States Institute of Peace
- Abstract:
- Nigeria's 2011 general election received high praise for being well-managed. But post-election violence claimed 800 lives over three days in northern Nigeria and displaced 65,000 people, making the elections the most violent in Nigeria's history.
- Topic:
- Political Violence and Democratization
- Political Geography:
- Africa
14. 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
15. Return to War in Sudan's Nuba Mountains
- Author:
- Julie Flint
- Publication Date:
- 11-2011
- Content Type:
- Policy Brief
- Institution:
- United States Institute of Peace
- Abstract:
- The response to the renewed war in Sudan's Nuba Mountains has been driven largely by a human rights and humanitarian crisis. The crisis will continue indefinitely without a political agreement that acknowledges the Nuba rebellion is self-sustaining and reflects a wider malaise within the new Republic of Sudan. With Sudan facing financial collapse, economic normalization must be part of negotiations with Khartoum to end the war in the Nuba Mountains and promote democratization throughout Sudan.
- Topic:
- Conflict Resolution, Democratization, Development, Human Rights, War, Insurgency, and Financial Crisis
- Political Geography:
- Africa and Sudan
16. Côte d'Ivoire's Political Stalemate: A Symptom of Africa's Weak Electoral Institutions
- Author:
- Dorina Bekoe
- Publication Date:
- 03-2011
- Content Type:
- Policy Brief
- Institution:
- United States Institute of Peace
- Abstract:
- The political stalemate in Côte d'Ivoire following the November 28, 2010, presidential election continues. The majority of the international community recognizes Alassane Ouattara as the winner, but Laurent Gbagbo, the sitting president, insists he won. Financial and diplomatic sanctions imposed on the Gbagbo administration have thus far not forced Gbagbo from power. Maintaining international pressure and focus is critical to resolving the Ivorian crisis, but African states are increasingly divided on how to proceed. The power-sharing arrangement settled on by five African nations in recent elections sets a dangerous precedent. Losers with a strong militia may find it easier to use threats of violence or actual violence to retain a critical power role, thus subverting the intent of the election. African states will continue to experience violence during elections until the security sector is reformed, states refrain from holding elections while militias remain mobilized and armed, elections can be clearly and independently verified, institutions are politically independent, and policies exist to discourage the violent acquisition of power.
- Topic:
- Democratization, Politics, Post Colonialism, and Governance
- Political Geography:
- Africa
17. Constitutional Reform in Transitional States: Challenges and Opportunities Facing Egypt and Tunisia
- Author:
- Jason Gluck
- Publication Date:
- 05-2011
- Content Type:
- Policy Brief
- Institution:
- United States Institute of Peace
- Abstract:
- Countries emerging from authoritarianism frequently face constitutional challenges, among them sequencing constitutional reform with a transition to democracy, designing a constitutional review process that is seen as legitimate, and addressing substantive constitutional concerns. Sequencing constitutional reform and elections begs the questions who should lead the constitutional reform and when should it be conducted. Constitutional reform prior to elections can leave stewardship over the constitution-making process to unelected and perhaps not wholly trusted transitional governments. Elections prior to constitutional reform may be tantamount to simply handing the machinery of authoritarianism to a new set of actors. Egypt and Tunisia offer different paths to transition and each face criticism. In the end, a less “democratic” solution might be the best one. Whatever the chosen process for constitutional reform, legitimacy must remain the sine non qua of a successful constitution-making moment. Adherence to guiding principles of inclusivity, participation, transparency, consensus and national ownership can legitimize the constitution-making process and the final document itself. Just as the history, society, culture, and preferences of every country is unique, so too is every constitution. Certain common issues, however, are likely to be front and center for countries transitioning from authoritarian rule to democracy. This Peace Brief offers a brief examination of many of these commonly recurring issues.
- Topic:
- Democratization and Popular Revolt
- Political Geography:
- Middle East, Arabia, Egypt, and Tunisia
18. 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
19. Counterrevolution in the Gulf
- Author:
- Toby C. Jones
- Publication Date:
- 04-2011
- Content Type:
- Policy Brief
- Institution:
- United States Institute of Peace
- Abstract:
- Saudi Arabia is pursuing a combination of domestic and regional policies that risk destabilizing the Persian Gulf and that risk undermining the United States interests there. Amid calls for political change, Saudi Arabia is failing to address pressing concerns about its political system and the need for political reform. Instead of responding favorably to calls for more political openness, the Kingdom is pursuing a risky domestic agenda, which ignores the social, economic, and political grievances that might fuel popular mobilization.
- Topic:
- Conflict Prevention, Democratization, and Counterinsurgency
- Political Geography:
- United States, Middle East, and Arabia
20. 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