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21. Securing Afghanistan

Author:
Seth G. Jones and C. Christine Fair
Publication Date:
02-2009
Content Type:
Working Paper
Institution:
United States Institute of Peace
Abstract:
More than seven years after U.S. forces entered Afghanistan, important gains made in bringing stability and democracy to Afghanistan are imperiled. While there have been some positive developments in such areas as economic growth, the Taliban and other insurgent groups have gained some ground in the country and in neighboring Pakistan, the drug trade remains a significant problem, and corruption has worsened in the Afghan government. According to United Nations data, insurgent incidents have increased every year since the 2001 overthrow of the Taliban regime. The situation in parts of Afghanistan's south and east is particularly concerning because of the twin menace of insurgent and criminal activity. Despite these challenges, the insurgency remains deeply fractured among a range of groups, and most have little support among the Afghan population. This presents an opportunity for Afghans and the international community to turn the situation around.
Topic:
Security, Political Violence, Development, Economics, and War
Political Geography:
Afghanistan, United States, and Central Asia

22. Sudanese Universities as Sites of Social Transformation

Author:
Linda S. Bishai
Publication Date:
02-2008
Content Type:
Working Paper
Institution:
United States Institute of Peace
Abstract:
Education is an important resource for any country, but it is especially valuable in spreading the values that transform a wartime society into one with a culture of peace. Some of the structural inequities besetting the educational system in Sudan today stem from the colonial period and policies set during the early days of independence. Efforts to unify the country through an Arabic national curriculum caused resentment and alienation in the non-Arab communities and exacerbated civil conflicts. Sudanese universities have historically been the incubators of political change in Sudan, and student unions in particular have retained a tradition of vibrant—and sometimes violent—political activity. The education revolution implemented by the current regime in the 1990s overextended Sudanese universities, resulting in an extreme teacher deficit and the degradation of university resources and degrees. Various additional policies had the effect of intimidating university students and teachers, changing the atmosphere on campuses and leading to a nonreflective focus on exam results and to little intellectual exchange. In the interim period between the signing of the Comprehensive Peace Agreement (CPA) and the general election, a new openness allowed universities to begin to revive their historical intellectual traditions. This openness will be vital for securing peace with the South and for eventually reconciling Darfur and the East. A productive model has been illustrated by efforts to engage Sudanese universities with their local communities as sites for the development and sharing of public information, culture, and the acceptance of difference. The international community should advocate creative collaboration, research, and teaching exchanges both to and from Sudan, encourage international conferences involving Sudanese students and faculty, and pay active attention to restoring Sudanese libraries and research facilities. Sudanese education officials, university faculty, and civil-society organizations should work together to counter four key educational problems: the lack of exposure to critical thinking and research skills; the lack of vibrant extracurricular life; the alienation of universities from their local communities; and the recurring pattern of violent student activism.
Topic:
Development, Education, and Ethnic Conflict
Political Geography:
Africa and Sudan

23. Media and Conflict: Afghanistan as a Relative Success Story

Author:
Yll Bajraktari and Christina Parajon
Publication Date:
01-2008
Content Type:
Working Paper
Institution:
United States Institute of Peace
Abstract:
The development of media in post-Taliban Afghanistan has been relatively successful (compared with both the Taliban regime and other countries subject to international intervention) in establishing free and responsible expression despite the lack of electricity, harsh terrain, absence of viable media outlets during the Taliban regime, and a conservative religious society that subordinates women. However, Afghanistan's media development remains incomplete. Since it still faces many challenges, the international community must continue to assist and support it.
Topic:
Democratization, Development, and Education
Political Geography:
Afghanistan, Asia, and Taliban

24. Conflict-Sensitive Approach to Infrastructure Development

Author:
Merriam Mashatt, Major General Daniel Long, and James Crum
Publication Date:
01-2008
Content Type:
Working Paper
Institution:
United States Institute of Peace
Abstract:
Infrastructure development is the foundation of a sustainable economy and a means to achieving broader nation-building goals. Providing basic services is critical to security, governance, economic development, and social well-being. U.S. military forces have improved planning and coordination mechanisms and have created doctrine, planning processes, and training exercises that are shared by all branches of the military. This type and level of coordination mechanism is necessary for civilian and military coordination, as well, and progress is starting to be made in this important area. The complexity of the Federal Acquisition Regulations (FAR) often results in missed opportunities to act quickly in restoring essential services. Contracting officers are often reluctant to take chances in expediting infrastructure contracts due to concerns about violating the FAR. Simplified contracting, use of smaller projects, and reach - back support are three ways to ensure fleeting opportunities are not lost. In conflict-sensitive environments, the condition of infrastructure is often a barometer of whether a society will slip further into violence or make a peaceful transition out of the conflict cycle. The rapid restoration of essential services, such as water, sanitation, and electricity, assists in the perception of a return to normalcy and contributes to the peace process. According to James I. Wasserstrom, head of the Office for Oversight of Publicly- Owned Enterprises (utilities) in the United Nations Mission in Kosovo, infrastructure adds “arms and legs” to strategies aimed at winning “hearts and minds.” Infrastructure is fundamental to moving popular support away from prewar or during-conflict loyalties and to moving spoilers in favor of postwar political objectives. This U.S. Institute of Peace Special Report presents a model that links the infrastructure cycle with conflict analysis. This model is helpful to focus the attention of the infrastructure program planners and implementers on the conflict cycle. In many instances, infrastructure experts approach problems from an engineering perspective. While this view is important, it must be married with an appreciation of the conflict dynamic. Indeed, traditional engineering concerns, such as efficiency, are secondary in a conflict-sensitive approach.
Topic:
Defense Policy, Development, and Government
Political Geography:
United States and Kosovo

25. Correlates of Public Support for Terrorism in the Muslim World

Author:
Ethan Beuno de Mesquita
Publication Date:
05-2007
Content Type:
Working Paper
Institution:
United States Institute of Peace
Abstract:
This report examines the correlates of individual-level support for terrorism in fourteen Muslim countries. I identify a variety of factors that are correlated with support for terrorism. These factors can be divided into a several categories: attitudes toward Islam, attitudes toward the United States, attitudes toward politics and economics in the home countries, and demographic factors.
Topic:
Development, Peace Studies, Religion, and Terrorism
Political Geography:
United States

26. Employment Generation and Economic Development in Stabilization and Reconstruction Operations

Author:
Merriam Mashatt and Johanna Mendelson-Forman
Publication Date:
03-2007
Content Type:
Working Paper
Institution:
United States Institute of Peace
Abstract:
It seems logical that improving the lives of those who have suffered from conflict would include a program to generate economic well-being in the immediate period after hostilities subside. Yet livelihood creation, the root of potential economic success and security, has often become a secondary objective in the transformation from war to peace. An obvious reason for this relegation to a lower priority is that security, humanitarian needs, and restoring the rule of law often overtake the economic development priorities of any peace-building mission. Even in Iraq, the largest stabilization and reconstruction effort undertaken by the U.S. government, restoring livelihoods and getting people back to work remains an unresolved challenge and an unmet agenda. Of the nearly $20 billion of U.S.-appropriated funds to reconstruct Iraq, only $805 million was directed toward jump-starting the private sector. Although employment generation is not a new subject in “postwar” literature, lessons about implementation vary from one country to the next. Current knowledge about “golden hour” job creation, which is creating jobs within one year of the cessation of hostilities, is culled more from specific pilot studies than from a coherent overview of what tools exist and how they can be applied. This report advances current research by providing such an overview for U.S. government policymakers. It seeks to help the U.S. government work through the lessons learned about the processes needed to generate employment. Moreover, it explores the U.S. government strategy toward golden hour job creation, the existing civilian and military tools, and how these tools can be better incorporated into larger transformation efforts. The report also notes the limitations of U.S. civilian capacity in a nonpermissive environment.
Topic:
Security, Development, Economics, and Peace Studies
Political Geography:
United States

27. Developing Media in Stabilization and Reconstruction Operations

Author:
Emily Hsu and Yll Bajraktari
Publication Date:
10-2007
Content Type:
Working Paper
Institution:
United States Institute of Peace
Abstract:
In war-torn societies, the development of independent, pluralistic, and sustainable media is critical to fostering long-term peace and stability. Post-conflict civilian populations are particularly vulnerable to manipulation by mass media as tensions run high and the possibility of violent relapse remains strong. Many civilians harbor deep skepticism and mistrust of the media, being accustomed to platforms that are controlled either by the state or by political groups looking to further their political agendas. An effective media strategy can mitigate postwar tensions by elevating moderate voices and dampening extremist ones. It can create peaceful channels through which differences can be resolved without resort to violence. The creation of a robust media culture will also allow citizens to begin holding their government accountable for its actions and ensuring its commitment to democracy. Efforts to develop local media institutions should be undertaken separately from attempts to develop strategic communications. In an increasing number of non-permissive envi¬ronments (i.e., environments where security is not fully established), the distinction between these two endeavors is blurred because of a mistaken assumption among some players that both activities share the same purpose and goal. A poorly developed media strategy can be detrimental in a war-ravaged country still rife with violence. A hastily conceived plan may reinforce divisions between warring parties or create a weak media sector that is vulnerable to exploitation by warlords, political patrons, and spoilers. Media development efforts also fail when the public does not trust them to establish a credible source of information. Ideally, given the media's capacity to shape war-torn countries, interveners should apply a coherent strategy in the pursuit of media development. Unfortunately, no such strategy yet exists and thus interveners have little guidance as to what tools and methods work best in the development of media institutions. In fact, media development is still conducted on an ad hoc basis from conflict to conflict. This report seeks to fill this strategic gap. More particularly, it recommends that interveners take the following series of steps as they generate a strategy for media development in post-conflict zones.
Topic:
Conflict Resolution, Democratization, Development, Education, and War

28. Personal Transformations: Moving from Violence to Peace

Author:
Renee Garfinkel
Publication Date:
04-2007
Content Type:
Working Paper
Institution:
United States Institute of Peace
Abstract:
Just as people become religious extremists, some of them abandon extremism and embrace peace. For some this change is a spiritual transformation, similar to religious conversion. Under certain circumstances stress, crisis, and trauma appear to play an important role in the process of change. Geographic relocation may be important for some. Migration involves novelty, insecurity, and instability, conditions that enhance vulnerability and, perhaps, openness to change. The transformation experienced by religious extremists involves a reorientation in outlook and direction but does not necessarily imply an alteration in basic personality structure. A key factor in the transition is personal relationships. Change often hinges on a relationship with a mentor or friend who supports and affirms peaceful behavior.
Topic:
Conflict Resolution, Development, Peace Studies, and Religion

29. Provincial Reconstruction Teams in Iraq

Author:
Robert M. Perito
Publication Date:
03-2007
Content Type:
Working Paper
Institution:
United States Institute of Peace
Abstract:
Provincial Reconstruction Teams (PRTs) are small civilian-military units that assist provincial and local governments in Iraq to govern effectively and deliver essential services. In January 2007 President Bush announced that the United States would double the number of PRTs as part of his plan for a “New Way Forward.” Ten new PRTs will be embedded with Brigade Combat Teams (BCTs) in Baghdad, Anbar, and Babil. The new PRTs will differ significantly from the ten original PRTs set up in Iraq in November 2005. Led by the State Department, most of the original PRTs are located on U.S. military bases and rely on the military for security and logistical support. Both types of PRTs in Iraq differ in staffing and organization from PRTs in Afghanistan. Start-up of the PRT program in Iraq has been troubled by interagency differences over funding, staffing, and administrative support and by the overriding challenge of providing security. Embedding the new PRTs with BCTs should help overcome many of these problems. Despite the problems, PRTs provide a U.S. civilian presence in areas that would not be served otherwise. Participants in PRTs believe they are having a positive effect.
Topic:
Civil Society, Development, and Government
Political Geography:
Afghanistan, United States, Iraq, and Middle East

30. Democratization in Mali: Putting History to Work

Author:
Robert Pringle
Publication Date:
10-2006
Content Type:
Working Paper
Institution:
United States Institute of Peace
Abstract:
Since the 1991 uprising, which saw the ouster of the country's long-standing military dictator and ushered in a democratically elected government, Mali has achieved a record of democratization that is among the best in Africa. This process has been driven by multiple factors. External observers often point to broader Africa-wide change and a remarkable constellation of “founding fathers” who demonstrated vision and self-sacrifice following the change of government. But if you ask Malians why their country has successfully democratized, most of them will respond by stressing Mali's heritage of tolerance and decentralized government, dating back more than a millennium to the Ghana Empire and its two successor states. For Malians, democratization combined with decentralization is a homecoming rather than a venture into uncharted waters. But they recognize that the country's democratization process continues to be a difficult one, inevitably laced with controversy. Although satisfaction levels remain generally high, there is a near-universal desire for more rapid progress toward improved quality of life. This unease suggests the possibility that despite their legendary patience, Malians may eventually lose hope and faith in democracy unless economic growth accelerates.
Topic:
Democratization, Development, and Government
Political Geography:
Africa and Ghana

31. Scenarios for the Insurgency in Iraq

Author:
Alan Schwartz
Publication Date:
10-2006
Content Type:
Working Paper
Institution:
United States Institute of Peace
Abstract:
Three workshops explored hundreds of forces and factors relevant to insurgency outcomes and focused on key drivers to develop five alternative scenarios. These scenarios reflected the participants' perception that positive outcomes would be hard to achieve, and negative outcomes could be foreseen much more easily. The workshops' principal finding is that U.S. goals for Iraq and the region should be reexamined and scaled back. The administration's expressed goal of “an Iraq that is peaceful, united, stable, democratic, and secure, where Iraqis have the institutions and resources they need to govern themselves justly and provide security for their country” is possible only in the very long term. Avoidance of disaster and maintenance of some modicum of political stability in Iraq are more realistic goals—but even these will be hard to achieve without new strategies and actions. The scenarios include recommended adjustments to U.S. goals and strategies to achieve reduced expectations. Unfortunately, the United States is now in a position to influence but not to control outcomes; it will have to engage and enlist the cooperation of Iraq's neighbors to attain success. This report broadly outlines the strategies that appear best suited to the current situation and the unfolding futures the participants envisioned.
Topic:
Conflict Resolution, Development, and Peace Studies
Political Geography:
United States, Iraq, and Middle East

32. From Dayton to Brussels: Constitutional Preparations for Bosnia's EU Accession

Author:
Jason Crosby and Don Hays
Publication Date:
10-2006
Content Type:
Working Paper
Institution:
United States Institute of Peace
Abstract:
The citizens of Bosnia are united in wanting EU accession and its benefits. However, the constitution as it stands will greatly inhibit Bosnia's ability to move toward accession. Under the current constitution, ethnically based political parties still can thwart the state and prevent Bosnia from entering the EU. The constitution vests power in two entities, the Federation and the Republika Srpska, granting most governmental functions to them and only the most limited powers to the central government. Despite numerous state-building reforms, it is questionable whether the state can implement the broad range of measures the EU requires for accession. With the high representative's departure scheduled for June 2007, the state's capacity to implement the accession requirements becomes critical. A recent report by the Venice Commission outlines the reforms necessary to prepare the state for the accession process. Only Bosnia's politicians can undertake the fundamental changes required for accession. In response to this challenge the leaders of the major political parties undertook a consensus-driven process facilitated by representatives of the Institute, the Public International Law and Policy Group, and the Dayton Project. The goal was to produce a package of constitutional amendments by October 2005 to strengthen the state. Over twelve months, representatives developed amendments clarifying group rights, individual and minority rights, and mechanisms for protecting the “vital national interests” of Bosnia's constituent peoples. They also included reforms to strengthen the government and the powers of the prime minister, reduce the president's duties, and streamline parliamentary procedures. The parties presented their agreement to parliament, and on April 26, 2006, the package failed by two votes to achieve the necessary two-thirds majority. To answer the question of where Bosnia-Herzogovina (BiH) goes from here, the parties decided to wait until after elections in October 2006 to resubmit the package to parliament, in hopes that its political alignment will change enough to ensure passage.
Topic:
Development and Politics
Political Geography:
Bosnia and Eastern Europe

33. Northern Ireland: Prospects for Progress in 2006?

Author:
Stephen Farry
Publication Date:
09-2006
Content Type:
Working Paper
Institution:
United States Institute of Peace
Abstract:
The British and Irish governments have declared that talks in 2006 will be “make or break” for reestablishing the political institutions that have been suspended since 2002. There is a serious prospect that the Assembly, the agreement's key institution, could be dissolved. Political polarization has created a new context for mediators, in which the relatively extreme Democratic Unionist Party (DUP) and Sinn Féin have overtaken their more moderate unionist and nationalist rivals in the Ulster Unionist Party (UUP) and the Social Democratic and Labour Party (SDLP), respectively. Having historically based their efforts on trying to build an agreement primarily around the moderates, the governments are in uncharted waters in trying to reach a renewed accommodation. Furthermore, the package of incentives and disincentives available to the governments may not be sufficient to persuade the DUP and Sinn Féin to reach accommodation. The key issues in forthcoming negotiations will be the Independent Monitoring Commission's verification of the end to all Irish Republican Army (IRA) activity, agreement on the modalities for the devolution of policing and criminal justice powers, and some changes to the details of the political institutions under the fundamental principles of the agreement. Northern Ireland's Good Friday Agreement has been held up internationally as a model for successful peacekeeping. It has had many successes, most notably the end of republican and loyalist terrorist violence, although some residual paramilitary activity and involvement in organized crime remains a problem. However, the agreement has a number of flaws, many linked to its consociational character. Furthermore, major mistakes have been made during the attempts to achieve its full implementation. The prolonged suspensions of the political institutions are its most visible failure. However, the persistence of deep communal divisions and increased political polarization have been unintended consequences. Peace has come at the price of reconciliation. No fresh accommodation is likely to prove sustainable unless the wider flaws within the agreement are addressed and the lessons from past mistakes with implementation are learned. The British and Irish governments, with the close support and advice of the Bush administration, must avoid the temptation to seek another “quick fix.” If negotiations fail this fall, a return to mass terrorism is unlikely, and the region will remain superficially “normal” in many respects, but Northern Ireland risks emerging as a dysfunctional political entity.
Topic:
Development, Government, and Treaties and Agreements
Political Geography:
United Kingdom, Europe, and North Ireland

34. The Role of Women in Stabilization and Reconstruction

Author:
Camille Pampell Conaway
Publication Date:
08-2006
Content Type:
Working Paper
Institution:
United States Institute of Peace
Abstract:
It is widely recognized that women and young people are primary victims of conflict. During war, women are displaced, subjected to sexual violence and HIV/AIDS by fighting forces, and assume the caretaking role for children and the elderly. They are vulnerable to exploitation, abuse, sexual slavery, disease, and forced recruitment into armed groups. Yet as the survivors of violent conflict, women also bear the burden of reconstruction. They return to destroyed communities and begin the process of rebuilding infrastructure; restoring and developing traditions, laws, and customs; and repairing relationships. Despite rapid progress within the U.S. government to recognize the importance of women's inclusion in stabilization and reconstruction operations, no overarching strategy, mandate, or program exists to ensure implementation. Initiatives, funding, and projects remain ad hoc; research and best practices have not been consolidated; and much depends upon the individual knowledge, commitment, and insight of relevant staff at headquarters and in the field. The challenge of the Working Group on the Role of Women in Stabilization and Reconstruction Operations and the purpose of this report is to present a comprehensive list of recommendations to the U.S. government, as well as highlight several critical action areas with the potential to significantly impact the protection and participation of women in postwar situations. An ongoing, at-the-ready capability must be institutionalized within the U.S. government to enhance and protect the role of women in stabilization and reconstruction operations. The steps taken prior to an intervention will make all the difference in the success of the mission. The U.S. government should undertake the following necessary actions to make this capability an integral part of the policy process.
Topic:
Development and Gender Issues
Political Geography:
Middle East

35. Managing Natural Resource Wealth

Author:
Jill Shankleman
Publication Date:
08-2006
Content Type:
Working Paper
Institution:
United States Institute of Peace
Abstract:
This report analyzes the particular challenges of stabilization and reconstruction missions in countries rich in hydrocarbons and minerals and provides lessons learned from the recent experience of such countries as Iraq, Sudan, Angola, Liberia, and Afghanistan. It offers recommendations for the U.S. government and others involved in natural resource–rich countries emerging from conflict and also to the extractive industry companies and banking sectors––that play a critical role in these states. War-torn countries rich in hydrocarbons and minerals face particular problems in the stabilization and reconstruction of their states despite the apparent promise that natural resource wealth holds. Unless deliberate efforts are made to avoid the “resource curses”—corruption, economic instability, conflict over the distribution of resource wealth and control of resource–rich areas—these curses will undermine peace building. Elite groups who receive royalties and taxes paid by extractive industry companies have shown themselves consistently resistant to democratization. Control over natural resources is fundamental to sovereignty. Ultimately, it is the governments and people of resource–rich countries who must put in place the systems that enable resource wealth to support stability and development However, through early and consistent action, the international community can play an important role in helping resource–rich states emerging from conflict manage the wealth that accrues from these resources, and can make proper wealth management a condition for donor assistance. It is essential that international missions and indigenous transitional governments immediately secure effective control of natural resource wealth (physical and monetary) and establish the laws, institutions, and capacity to manage that wealth transparently, accountably, and in ways that support reconstruction. Achieving these goals requires prior planning by relevant U.S. agencies, a willingness to confront vested interests, a consistent approach from the international community and donors, the involvement of civil society, and the deployment of human resources, such as forensic accountants able to “follow the money,” as part of the mission staff. To be successful, the extractive industries and their bankers, the international financial institutions, and non-governmental organizations (NGOs) must be brought into this process
Topic:
Development, Economics, and Environment
Political Geography:
Afghanistan, United States, Iraq, Sudan, Middle East, Liberia, and Angola

36. The Rise of Islamist Militancy in Bangladesh

Author:
Sumit Ganguly
Publication Date:
08-2006
Content Type:
Working Paper
Institution:
United States Institute of Peace
Abstract:
Bangladesh has generally been heralded as a stable, democratic Muslim state that has made great strides in economic and human development. Following the restoration of democracy in 1990, it carried out three largely free and fair general elections in 1991, 1996, and 2001. Since 1999, attacks by Islamist militants have been increasing. They have targeted opposition politicians, scholars, journalists, members of the judiciary, religious minorities, and members of the Islamic Ahmadiyya sect. Recent years have seen a deepening crisis in governance with continued politicization of civil society, deterioration of judicial independence, and diminishing rule of law and respect for human rights. Until very recently, the ruling coalition of Prime Minister Khaleda Zia (backed by two Islamist parties) denied the existence of Islamist militancy in Bangladesh, dismissing these charges as “hostile propaganda,” designed to besmirch the country's reputation. Following a countryside terrorist attack in August 2005 and recent suicide bombings, the government has begun cracking down on selected individuals. Indian observers and policymakers are concerned about the activities of Bangladeshi Islamists. They accuse Dhaka of exacerbating the ongoing insurgencies in India's Northeast by turning a blind eye to growing illegal immigration. They also contend that Bangladesh is cooperating with Pakistan to target India. In light of these developments, questions persist about the government's dedication to respond decisively to Islamist terrorism, conduct free and fair elections in 2007, and address the deterioration in the rule of law and respect for human rights. Because of Bangladesh's regional importance and the implications of internal security developments, the United States has limited policy options to promote its regional goals and ensure democratic elections.
Topic:
Development, Economics, Human Welfare, and Religion
Political Geography:
Bangladesh and United States

37. Morocco: Betting on a Truth and Reconciliation Commission

Author:
Pierre Hazan
Publication Date:
07-2006
Content Type:
Working Paper
Institution:
United States Institute of Peace
Abstract:
Facing the Atlantic and Mediterranean, just nine miles from the Spanish coast, Morocco is essential for stability in Europe, Africa, the Middle East, and American interests in these regions. The United States and the European Union fully recognize its strategic importance. Its proximity, large diaspora, and extensive trade with Europe place it at the top of the EU's Mediterranean strategy agenda. The United States has designated Morocco a major non-NATO ally; it also was one of the first Arab countries to sign a free-trade agreement with the United States. The Kingdom of Morocco is facing four challenges: weak economic growth; a social crisis resulting from social inequalities, with 20 percent of the population in absolute poverty and 57 percent illiterate; lack of trust in the governing institutions because of the high level of corruption; and an unstable regional and international environment. These factors strengthen the appeal of various Islamist movements, from moderate to more radical groups such as the authors of the deadly bombings in Casablanca in 2003 and Madrid in 2004. Moreover, the conflict over the Western Sahara places Morocco's and Algeria's armies, the two most powerful in North Africa, toe to toe. Unlike Tunisia and Algeria, since the end of the Cold War Morocco has taken steps toward political liberalization, and its pace has accelerated since Mohammed VI came to the throne in 1999. As part of the process of liberalization, the king established a truth and reconciliation commission (TRC) in January 2004. This is one of very few cases in which a TRC was created without a regime change. Thousands of victims tortured during the reign of King Mohammed's father, King Hassan II, have been given the opportunity to voice their sufferings publicly and have been promised financial compensation. Such outcomes are unprecedented in a region known for its culture of impunity. Morocco is the first Arab Islamic society to establish a TRC. Its experience shows that political factors play a primary role in the functioning of such a body, while religious and cultural factors are of secondary importance. Although the Moroccan TRC is not an exportable model, it could inspire other majority Muslim societies, such as Afghanistan and Lebanon, which are envisaging or might set up TRCs to confront crimes of past regimes. Some security experts hoped the TRC would be effective in the “soft war” against terrorism by winning the hearts and minds of the population. The actual experience in Morocco shows the limits of this approach. The tension is too strong between the perceived requirements of the antiterrorist struggle and a process to establish accountability for past crimes and advance democratization. In the final analysis, the “war against terrorism” has limited the TRC's impact in Morocco. The report of the Moroccan TRC, published in early 2006, recommended diminution of executive powers, strengthening of parliament, and real independence for the judicial branch. The king and the political parties must decide in the coming years if they will permit the transformation of the “executive monarchy” of Morocco into a parliamentary monarchy. This decision will affect the stability of the kingdom, North Africa, and, to a lesser extent, Europe and the Middle East.
Topic:
Conflict Resolution, International Relations, and Development
Political Geography:
Afghanistan, Africa, United States, America, Europe, Middle East, Arabia, Algeria, Spain, North Africa, Lebanon, Morocco, and Tunisia

38. Weak Viability: The Iraqi Federal State and the Constitutional Amendment Process

Author:
Jonathan Morrow
Publication Date:
07-2006
Content Type:
Working Paper
Institution:
United States Institute of Peace
Abstract:
The cycle of violence in Iraq is, in part, constitutional: it derives from competing visions of the Iraqi state that have not been reconciled. An amendment to Iraq's constitution to delay the creation of new federal regions, together with a package of legislation and intergovernmental agreements on oil, division of governmental power between Baghdad and the regions, and the judiciary, may be enough to slow or even arrest this decline in the security situation, and may be achievable. A “government of national unity,” though desirable, will not by itself be able to generate the necessary constitutional consensus. Iraq's new legislature, the Council of Representatives, is now considering the process of constitutional amendment described in Article 142 of the constitution. Prime Minister Nouri al-Maliki has announced the constitutional review as part of his government's platform. This amendment process, assuming it proceeds, will come in the wake of widespread opposition to the constitution from Sunni Arab Iraqis in the October 2005 referendum. It is expected that a Constitution Review Committee (CRC) will soon be appointed, in line with Article 142. To the extent that it was opposed by Sunni Arabs, the constitution lacks the essential criterion of any constitution: the consent of all major national communities. The 2005 Iraqi constitution may nonetheless, as a legal text, be a sufficient and necessary framework for the radically regionalized Iraqi polity which the constitution drafters envisaged. The constitutional challenge in Iraq is first about peacemaking, not state building. As the Iraqi parliament faces the challenge of appointing, mandating and staffing a CRC, the first, and essential, set of questions is therefore political: How can the amendment process be used as a vehicle to remedy the political failure of last year's constitution drafting process? How can consensus be built, and in particular how can Iraq's Sunni Arabs be encouraged to give their assent to the new federal Iraq? How can Iraq's Kurdish and Shia leaders be encouraged to make worthwhile constitutional concessions to Sunni Arab positions so as to elicit that consent? The second set of questions is legal: What are the minimum constitutional amendments needed, if any, to ensure that Iraq is a viable, if not a strong, state? To the extent that the Sunni Arab position has been one that purports to defend the Iraqi state, legal or technical improvements to the text that support Baghdad's ability to govern may draw support from Sunni Arabs, thereby generating clear political benefits. There are additional legal questions that, though not strictly related to the Sunni Arab problem, are pressing: in particular, What are the minimum constitutional amendments needed, if any, to ensure that the human rights of all Iraqis receive adequate protection? It is not only the Sunni Arabs who feel disenfranchised by the constitution; nationalists, some women's groups, and groups representing Iraq's minorities express similar views. It will be very difficult to pass constitutional amendments of any sort, especially those that seek to shift power from Iraq's regions to the central government. Regional interests have the upper hand, constitutionally and politically. There is no reason to expect that the constitution's Kurdish and Shia authors will see the need for constitutional amendments to the text that they themselves deliberately, if hastily, constructed. The referendum procedure for amendment is onerous, with a three-governorate veto power. High expectations of the amendment procedure will lead to disappointment and may amplify, rather than reduce, violence. For this reason, legal instruments other than constitutional amendments must be considered as ways to remedy the political and legal deficiencies of the constitution. A CRC should be established, with strong Sunni Arab membership. Given the pressing and complex nature of the necessary constitutional deal, the CRC should be mandated to make recommendations, where appropriate, not only for constitutional amendments, but also for (1) legislation, (2) intergovernmental agreements and, where appropriate (3) interparty agreements and (4) international agreements, all of which might encourage Sunni Arab political commitment to the Iraqi constitution and ensure viability for the Iraqi state. A three-part formula, concerning the creation of new regions, oil, and the delineation of powers between the central government and the regions, offers a way forward for the CRC to heal the wounds caused by the deficiencies in the 2005 drafting process. That formula would not require the Kurdistan party or the hitherto most influential Shia party, the Supreme Council for the Islamic Revolution in Iraq (SCIRI), to make major modifications to their constitutional positions.
Topic:
International Relations, Development, and Government
Political Geography:
Iraq, Middle East, Arabia, and Kurdistan