In December 2015, the UN Security Council passedResolution 2254 with the goal of creating a roadmap to facilitate a political transition in Syria. In the recent round of peace talks, the UN Special Envoy for Syria Staffan de Mistura prioritized elections and a new Syrian constitution as key steps to implement the Resolution. The United States and Russia echoed these sentiments and declared August 2016 as the deadline for drafting the constitution. Reportsclaim that the Russian government submitted an initial draft which the United States is currently reviewing. By engineering the constitutional process without input from Syrians, the United States, Russia, and the United Nations are setting the stage for a rushed, non-transparent, and poorly conceived constitutional process, which, most importantly, does not provide adequate time or space to respond to the demands of Syrians.

According to international best practices and lessons learned from other post-conflict countries, the constitutional process has the potential to be an important part of peacebuilding. Although constitutions historically were created by the political elite without public input, modern practice has shown that an inclusive process with public participation leads to final products with greater legitimacy and local buy-in — two elements critical to promoting future stability. In 2003, the United States Institute of Peace (USIP) released a report on constitution-making that emphasizes the importance of “genuine political participation” defined as a process which allows for social inclusion, personal security, and freedom of speech and assembly. According to this model, the drafting process is often long and requires significant resources to achieve success. The report further emphasizes that democratic constitutions cannot be written by external actors on a nation’s behalf because it will not address the grievances of the population and is unlikely to secure local buy-in.

Tunisia and Rwanda are both countries that followed a participatory model for constitution drafting. Although Tunisia’s process did not emerge from a bloody civil war as is the case with Syria, Tunisia offers an example of the importance of participation that is markedly different from the transitional processes in other Arab countries. Tunisia’s new constitution was initially framed with the goal of reaching consensus and safeguarding against authoritarian rule. It was a slow process that involved negotiations and voting from a wide spectrum of political parties. A diverse group of popularly elected Parliamentary members voted on each article separately. While it took almost three years to complete, the Tunisian constitution’s long, iterative processensured greater buy-in from Tunisian society, giving the document real legitimacy.

Like Syria, Rwanda experienced a brutal civil war but was still able to form a new constitution with genuine political participation. Following the war, Rwandan officials werecommitted to the principles of participation throughout the transition, and both the government and the international community dedicated significant resources — almost $7 million — to make participation possible. Well before the drafting of the document even started there was local outreach and education on the constitutional process. Participation culminated in over 90% of the Rwandan electorate voting in the final referendum, with 93% of those who voted approving the draft. Thanks to this inclusive process, the new document was seen by Rwandans as a legitimate break from the violence of the past and helped establish a new framework for governance in their post-conflict society.

While peace processes and constitution drafting often go hand-in-hand, according to Habib Nassar, a constitutional expert and member of SJAC’s Advisory Board, the result of peace negotiations typically feeds into the constitution drafting process, not the other way around. Instead in Syria, constitution drafting seems to be guiding and proceeding alongside the talks. This is not only unusual, but threatens Syria’s peacebuilding process. Rather, the negotiators as well as the international backers of the talks could work on a temporary constitution or transitional document and leave the drafting of a permanent constitution for a time when an inclusive process is possible. Rwandans, for example, usedmultiple documents to guide their transition until the country adopted a new constitution in 2003. These documents included the 1991 Rwandan constitution, protocols from the 1999 Arusha Peace Accord, and additional protocols introduced by the transitional government.

The proposed US-Russian approach does not adhere to best practices, and neither the UN Special Envoy nor his advisors are pushing back. The frustration among Syrians is that there has yet to be an explanation of the reasoning behind the current process. Lessons-learned from countries like Tunisia and Rwanda demonstrate that there is no need to rush constitution drafting. Temporary documents can serve as placeholders while a genuine, inclusive process takes place. While having a well-written constitution is important for good governance, the process itself can be even more important for peacebuilding and establishing the rule of law than the final product. And since the roots of the current conflict in Syria stem from serious governance problems, adequately addressing the conflict requires addressing those grievances, not repeating the same closed-door, uninclusive modes of decision-making that define Syria’s past.

For more information and to provide feedback, please contact SJAC at info@syriaaccountability.org.

WEEKLY UPDATE
April 16, 2016

Dear Readers,

Welcome to the weekly Syria Deeply newsletter. We’ve rounded up the most important stories and developments about Syria and the Syrians in order to bring you valuable news and analysis.

Kodmani: Geneva and the Failing Cease-Fire (Part 1)
As the cease-fire falters and government and opposition representatives prepare to meet in Geneva, Syria Deeply spoke with Bassma Kodmani, a key member of the opposition’s High Negotiations Committee, to learn more about increasing violence on the ground and its effect on the dynamics in Geneva.

Kodmani: Geneva and the Failing Cease-Fire (Part 2)
In Part 2 of Syria Deeply’s conversation with Bassma Kodmani, a key member of the Syrian opposition’s High Negotiations Committee, she addresses outstanding issues in Geneva, including detainees, transitional justice, the inclusion of the Kurds and the role of women within the opposition.

Jabal Turkman Abandoned as Residents Flee to Turkey
Jabal Turkman in northern Latakia has been a battlefield since the beginning of the Syrian conflict. But this past week, the last remaining villagers fled, leaving more than 20 villages completely abandoned. Turkmen villagers now worry the Assad government will attempt to repopulate the mountain with loyalists.

 

Dear Readers, Welcome to the weekly Syria Deeply newsletter. We’ve rounded up the most important stories and developments about Syria and the Syrians in order to bring you valuable news and analysis. Finding Alternative Routes to Europe Following the plan by the E.U. and Turkey to turn back refugees, many are looking for alternative ways to reach Europe. Syria Deeply explores a new path to the continent that starts on the other side of the Atlantic – in South America. The Working Children of Eastern Ghouta Violence, poverty and displacement have affected millions of Syrian children, sometimes forcing them to become the sole providers for their households. In the besieged Damascus suburb of Eastern Ghouta, many are forgoing their education and turning to the streets to help support their families. My Life Outside Syria: Diary Entry 63 Marah, a teenage girl from one of Syria’s besieged cities, has been sharing her stories of life in the war. With her mother and siblings, she left Syria, stopping off in Turkey before making the precarious crossing to Greece by boat. Now in Switzerland, she is newly married and now pregnant, all while attempting to come to terms with a life turned upside down. More Recent Stories to Look Out for at Syria Deeply: #5YearsWeFled: Difficult Choices (Part 4) Meet the Group Enabling Syria’s Female Journalists Assad in Complete Defiance of Peace in Syria Find our new reporting and analysis every weekday at www.syriadeeply.org. You can reach our team with any comments or suggestions at info@newsdeeply.org.

In February, the United Nations made history when the U.N. Special Envoy to Syria Staffan de Mistura convened the Syrian Women’s Advisory Board — the first time such a board has been created to advise a special envoy during peace negotiations. Advisory Board members participated in a press conference following a recent meeting with de Mistura to articulate their key demands which included the release of peaceful activists, the distribution of information on the fate of missing persons, and the lifting of Western-imposed sanctions so that humanitarian aid can reach Syrians. Despite the historic nature of the meeting, many Syrian activists criticized the Advisory Board as unrepresentative and a failed attempt at inclusivity. Some went so far as to suspend their own participation in the Advisory Board, such as the Syrian Women Network which has been engaged in women’s rights in Syria since its formation in 2013.

The Geneva negotiations, in all its iterations, have long been criticized for their failure to substantively include women in the talks. Although women have been involved with peacebuilding and human rights efforts at the grassroots level, almost every photo taken of high-level meetings in Geneva features a roundtable full of men. Since women have consistently been victims of detention, home raids, and massive displacement, in addition to socio-economic burdens when their husbands, fathers, and brothers disappear or die, they have a large stake in the outcome of the talks. Moreover, certain crimes of sexual and gender-based violence, including rape, forced marriage, and sexual slavery, have specifically targeted women. To ensure that these grievances are addressed and the voices of all Syrians are heard, Syrian women, specifically survivors of violations, should participate in any negotiated settlement.

The inclusion of women is not only a theoretical moral principle. Research has shown that peace processes that include women lead to longer-term peace and stability. In a study of 40 peace processes, the Graduate Institute of Geneva found that when women participate, peace agreements are 35 percent more likely to last for at least 15 years. Since conflict affects women and men differently, the inclusion of women in peace talks helps address the concerns of half the population; and, when half the population feels more secure, the chances of successful peace is more likely. Also, while men generally focus more on issues of power and security, women tend to expand the list of priorities to include victims’ rights, transitional justice, and other important social issues that contribute to reconciliation and the sustainability of an agreement.

The Syrian Women’s Advisory Board is the United Nation’s attempt to be more inclusive. So why did the Advisory Board fail to satisfy the demands of civil society? First, many human rights activists criticized the selection process due to its lack of transparency and clarity. While many notable Syrian women were left off the Board, the United Nations chose to include a few women who were members of political groups that allegedly defended government-sponsored violence, who allegedly have links to extremism, who participated in corrupt practices, and who worked for organizations that assisted with government-led human rights violations. While SJAC is not in a position to confirm or deny these allegations, the accusations suggest that de Mistura’s team did not properly vet members, which angered many Syrians, including long-time women’s rights activists.

“I am a Syrian feminist and this advisory board does not represent me in the slightest.”

Source: Facebook post by Syrian Women’s Rights activist Oula Ramadan.

 

Second, the Advisory Board’s final demands indicate that the women negotiated for political aims, rather than for principles of women’s rights. The most striking example of this is the Board’s demand to lift sanctions so food and medical aid can reach Syrians. While sanctions affect many Syrians by preventing those in the Diaspora from sending money to loved ones and creating difficulties in securing goods from abroad, sanctions cannot be scapegoated for the lack of food and aid in many parts of Syria. The inability of humanitarian aid to reach Madaya and other besieged towns, for example, is not the fault of sanctions, but of the Syrian military’s deliberate policy to starve out and repress opposition-controlled towns. A statement that blames sanctions is clearly politicized, reflecting the makeup of the Board itself.

Third, Syrian civil society is concerned with whether the Advisory Board will be allowed to make meaningful contributions to the negotiation process. Civil society has rarely been consulted in the Geneva talks so far. In fact, Syrian negotiators appear to be sidelined altogether as many deals only take place during high-level talks between the United States and Russia. Exactly how the Special Envoy will feed the demands of the Advisory Board into discussions between the opposition and the government or between Secretary John Kerry and Foreign Minister Sergey Lavrov is unclear. It is not enough to create an Advisory Board or to hold one meeting with civil society — engagement must meaningfully contribute to the process and the final deal.

The Syria Justice and Accountability Centre (SJAC) favors the United Nations’ attempt to broaden the inclusiveness of the negotiation process. Women must be part of the negotiations in order for their specific grievances to be addressed and for the final deal to have a lasting impact on the ground. The creation of an Advisory Board, however, must have a clear vetting and selection process, should aim to articulate principles as opposed to political statements, and will only be effective if the Board can meaningfully participate in the creation of a final framework agreement. The current Advisory Board has fallen short, and, as a result, it has not been embraced by Syrians.

 

For more information and to provide feedback, please contact SJAC at info@syriaaccountability.org.

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