Peace Negotiations and Post-Conflict Constitutions

PILPG is frequently called upon to provide legal and political counsel to parties and mediators engaged in peace negotiations and in drafting post-conflict constitutions. To date, PILPG has assisted with nearly a dozen peace negotiations and has provided numerous legal memoranda on all aspects of the negotiation process.

Table of Contents

Afghanistan
Anuak/Ethiopia
Armenia/Nagorno-Karabakh
Bosnia and Herzegovina
Burma
Cyprus
Estonia
Georgia
Iraq
Kosovo
Liberia
Macedonia
Montenegro
Nepal
Philippines/Mindanao
San People of Botswana
Somalia
Sri Lanka
Sudan

Afghanistan – Post-Conflict Constitution
PILPG advised the President of Afghanistan on the development of the new constitution, and continues to provide assistance with the post-conflict development of the Executive branch and the implementation of the new constitution.

Anuak/Ethiopia – Negotiations to End Ethnic Cleansing
PILPG is advising the Anuak of Ethiopia during their negotiations with the Ethiopian government to prevent further crimes against humanity and to structure mechanisms of local self government to which governing powers may be devolved. PILPG is also working with the Anuak to file a provisional complaint with the International Criminal Court.

Armenia – Nagorno-Karabakh Peace Negotiations
PILPG advised the government of Nagorno-Karabakh and the Government of Armenia on numerous aspects of the Minsk Peace process, which involves trilateral negotiations among Armenia, Nagorno-Karabakh and Azerbaijan on the final status of Nagorno-Karabakh.

Bosnia and Herzegovina – Dayton Peace Negotiations and Post-Dayton Constitution
PILPG served as legal counsel to the Bosnian Government delegation during the negotiation of the Dayton Peace Accords. A member of PILPG was accredited as a member of the Bosnian delegation and was present during the entire negotiations. PILPG is assisting the Bosnian government with a review of the current Bosnian constitution and with the preparation of amendments to the constitution that will restore and rehabilitate currently ineffective political and economic institutions.

Burma
PILPG is advising the National Council for the Union of Burma (NCUB) in its efforts to continue its actions to support the pro-democracy movement among Burmese populations inside and outside of the country. PILPG advises them on the application of various legal mechanisms at the international level to challenge the actions and legitimacy of the current military regime.

Cyprus - Electoral Rights and Negotiations on Reunification
PILPG is providing legal assistance to the government of the Turkish Republic of Northern Cyprus as it seeks a negotiated reunification of Cyprus.

Estonia – Border Negotiations with Russia
PILPG provided legal advice to Estonia during its negotiations with Russia concerning the legal basis for the delineation and demarcation of the Russian-Estonian border.

Georgia

Pictures from the Field

– Abkhaz and South Ossetian Peace Negotiations
PILPG is advising the Government of Georgia during its negotiations with Abkhazia on the future status of Abkhazia.

Iraq - Post-Conflict Constitution
PILPG opened a Baghdad office in November 2006 to provide legal assistance to the Iraqi government on the implementation of the Iraq Constitution. PILPG attorneys are working with Iraqi government officials and Parliament members to develop enabling legislation for institutions created by the Constitution and laws governing the judiciary, human, women's and minority rights, and issues of federalism. In 2005, PILPG provided legal assistance to one of the primary parties participating in the negotiations to draft a new Iraqi Constitution.

Kosovo – Rambouillet/Paris Peace Negotiations, Final Status Negotiations and Post-Conflict Constitution
PILPG served as legal and political counsel to the Kosovar Albanian delegation during the negotiation of the Rambouillet/Paris Accords. Two members of PILPG were accredited as members of the delegation and were present during the negotiations. PILPG is advising the Kosovo government as it prepares for Final Status negotiations with the international community and likely independence.  PILPG is assisting the Kosovo government with the preparation of a post-conflict and post-final status constitution.

Macedonia – Lake Ohrid Peace Negotiations and International Recognition
PILPG served as legal and political counsel to the Macedonian-Albanian political parties participating in the negotiation of the Skopje/Lake Ohrid Peace Accords. A member of PILPG was present in Tetevo and Skopje during the negotiations. PILPG subsequently advised the Macedonian government on the legality of their proposed referendum on territorial organization, which would have had the effect of undermining core elements of the Lake Ohrid Peace Agreement. PILPG advised the President of Macedonia on the options available to Macedonia in the UN to unblock the impasse over the use of the name “Republic of Macedonia.” At the request of the President a second memorandum was prepared outlining possible means for arbitrating the matter, or filing a case before the International Court of Justice. PILPG also prepared for Macedonia an extensive analysis of the Greek economic blockade against Macedonia arising out of the dispute concerning use of the name “Republic of Macedonia.”

Montenegro – Serbia/Montenegro Union Treaty and State Secession
PILPG provided legal counsel to Montenegro during its negotiations with the Republic of Serbia over the future status of the Federal Republic of Yugoslavia. Two members of PILPG were resident in Podgorica and traveled with the Montenegrin delegation to Belgrade for the constitutional negotiations. In accordance with Montenegro’s request for assistance on matters related to secession from Serbia, PILPG advised the Montenegrin government on defederation issues and methods for a referendum. PILPG is also advising on the creation of a new Association of Independent States for Montenegro and Serbia.

Nepal – Post-Conflict Constitution
PILPG is advising the Nepal Law Commission on issues concerning the formation of a Constitutional Commission and the drafting of a post-conflict constitution.  PILPG also aids various international governmental organizations working in Nepal on issues related to constitution-drafting. 

Philippines/Mindanao – Peace Negotiations
PILPG has provided legal assistance to the mediators involved in the Philippines-Mindanao conflict.

San People of Botswana – Negotiations to End Forcible Transfer
PILPG is advising the San of Botswana on the matter of their forced displacement from their ancestral domain within the Central Kalahari Game Reserve (CKGR). PILPG has helped the San file a complaint with the Ombudsman of the International Finance Corporation as well as drafted legal memoranda on possible international legal remedies. PILPG facilitates their global engagement while providing pro bono legal assistance to ensure a smooth return to the CKGR.

Somalia – Eldoret Peace Negotiations
PILPG advised a party to the Somalia peace talks in Eldoret and Nairobi, Kenya. PILPG advised on matters concerning a cease-fire; constitutional structures; refugee return; protection of human rights; the demobilization, decommissioning, and reintegration of former combatants; economic development; the establishment of a World Bank trust fund; and environmental matters.

Sri Lanka
PILPG is providing pro bono legal assistance to the government of Sri Lanka as it moves forward with the Oslo/Geneva peace process. With funding from the United States Agency for International Development (USAID), the Public International Law & Policy Group (PILPG) opened an office in Colombo, Sri Lanka, in May 2006. PILPG provides technical and legal assistance on key issues being addressed by the Government of Sri Lanka, including matters relating to the devolution of political power; demobilization, disarmament, and reintegration of combatants; the protection of human rights; the return of refugees and internally displaced persons, and post-conflict economic development. PILPG is fortunate to receive pro bono legal assistance from several law firms, including Baker & McKenzie and Shearman and Sterling.

Sudan – Peace Negotiations and Implementation of Post-Conflict Peace Agreements and Constitutions 
PILPG advised parties to the Darfur peace negotiations and presently assists key stakeholders on issues regarding the implementation of the Comprehensive Peace Agreement, the Interim National Constitution and the Constitution of Southern Sudan.