Participatory and Inclusive Constitution Making

In the wake of the Arab Spring, citizens across the Middle East and North Africa are demanding reforms from their governments. How these governments respond to their people and promote inclusive constitution-making processes may determine whether their new social compacts lead to a durable peace. This report draws from the work of scholars and constitution makers who have been exchanging ideas about how to ensure that modern constitutions incorporate the needs and aspirations of the citizens they are intended to govern. As the countries of the Arab Spring transition from authoritarian regimes and overcome ethnic and sectarian divisions, they can learn lessons from comparative constitution-making experiences—including most recently that of Tunisia—about how to achieve more consensus based social compacts and lasting peace.

Summary

■ Many of the countries of the Arab Spring face daunting challenges. Syria is racked by war. Libya’s transition is challenged by armed militias vying for control. In Egypt, the early promise of popular transformation has reinforced divisions in society. Jordan and Morocco have taken steps toward reform, but it is still unclear whether these countries can meet the demands of their citizens. It is also unclear to what extent Yemen’s mediated transition and ongoing constitution-making process will lead to a more stable and democratic society.

■ Tunisia, though still early in its transition, stands alone as a country that has achieved constitutional reform through a more inclusive and participatory process and has held peaceful elections under this new order.
■ Yet throughout Arab Spring countries, demands continue for participation, inclusion, and transparency to overcome widespread corruption and abuses. How governments respond to these calls may determine whether constitution-making processes unite or further divide their societies, whether they help or hinder the creation of a national consensus on fundamental principles and values, and whether the processes and documents that result from them are deemed legitimate.

■ There is no blueprint for how to make a constitution, but the last two decades of constitution-making experience underscores that inclusive and participatory constitution making should address root causes of conflict and sectarian divisions, and ensure that the political process benefits from the full contribution of all citizens, including women and youth.

■ To achieve such results, constitution makers must have the political will to carry out a genuine process of civic education and consultations, in which the views of citizens are carefully considered. The constitution makers must carefully apply guiding principles, such as transparency and inclusion, and ensure that sufficient time and resources are allocated to the process. A nationwide participatory process must be well managed to avoid risks and reap benefits.

■ Where circumstances are conducive to meaningful constitutional dialogue and reform—at a minimum, a cessation of violence and a willingness of actors and constituencies to come to the table—the countries of the Arab Spring will benefit from using their constitutional moments to draw upon their own historical experiences as well as the lessons learned from the past twenty-five years in constitution making and research about what factors sustain peace.