The Peace Agreement Drafter's Handbook
The Peace Agreement Drafter's Handbook is designed to serve as a practical tool for diplomats and lawyers involved in the negotiation and drafting of peace treaties and similar international agreements. The Handbook does not proffer advice on how to reach an agreement. Rather, the Handbook is designed to facilitate the ability of parties to translate their political agreements into legally-binding treaty language. Emphasis is placed on crafting provisions in such a way as to enhance their implementation.
The Handbook is divided into a series of subject matter templates such as ceasefire agreements, resolving borders, security and demilitarization, and human rights. Each template contains a brief primer on the subject, a detailed comparative analysis of language used in previous peace agreements, model language, and a summary of the political context of relevant previous agreements.
The Peace Agreement Drafter's Handbook is prepared by the Public International Law & Policy Group, in cooperation with American University, and is made possible by a grant from the Compton Foundation.
Table of Contents
Ceasefire Agreements
Resolving Borders
Security and Demilitarization
Refugee Return
Linguistic Minorities
Human Rights and Fundamental Freedoms
Economic Restructuring
Elections
Transitional Agreements
Constitutional Agreements
Peacekeeping Operations
World Bank Trust Funds
Templates:
Ceasefire Agreements
Although international practice offers a variety of different models of ceasefire agreements, this chapter will outline the essential components that may be incorporated as the core provisions in these agreements.
Generally, the basic structure of a ceasefire agrement includes four elements: (1) Identification and Definition of Prohibited Acts; (2) Separation of Forces; (3) Verification, Supervision, and Monitoring; and (4) Ad Hoc Provisions. This chapter has four sections: Index of Agreements; Overview of Basic Elements; Ceasefire Elements with comparative analysis and sample provisions to establish and maintain a ceasefire; and Ad Hoc Provisions
Resolving Borders
Effective and lasting border agreements take into account factors specific to the disputed area. These factors may include ethnic divides, geographic considerations, traditional borders, religious access, trade routes, and access to natural resources. While there is no universal remedy for border disputes, effective border agreements share many common elements.
In general, there are seven elements found most often in border agreements. The first is a preamble followed by six provisions addressing delineation of the border, security and normalization, monitoring mechanisms, dispute resolution, natural resources, and financial arrangements. A border agreement is by no means limited to these provisions. The analysis in this template provides a comparative look at state practices used in border agreements and offers sample language.
Security and Demilitarization
Demilitarization is often found as a section of a more comprehensive agreement that addresses multiple security issues, which may include ceasefires, borders, peacekeeping, and other operations. The demilitarization section usually includes three processes: decommissioning, demobilization, and reintegration (DDR). This template includes four sections. The first provides an overview of the basic elements in DDR. The second section takes a deeper look at the main elements individually using comparative analysis and sample language. The third section provides a basic summary of other conflicts that required demilitarization provisions. The fourth lists resources for further research on DDR issues.
Refugee Return
The displacement of populations as a consequence of armed conflict is a significant problem. The resolution process requires the cooperation of the country of origin toward its own people, but implementation of such an effort requires sustained action and support from countries of asylum and the international community. Because resettling uprooted populations is challenging and complex, drafters of refugee return provisions often aim for language that firmly establishes the Parties' commitments to the resettlement process. Most agreements on refugee return share five common elements. Most return agreements begin with a preamble, provide definitions, provide language guaranteeing the parties' cooperation to the resettlement process, enumerate the rights of displaced persons, and define the process for implementation, ususally with an implementation commission. This chapter expands upon the five basic elements found in most refugee return agreements using comparative language and by providing sample language. Also included in this chapter is a summary of agreements addressing refugees and internally displaced persons (IDPs), and a list of additional sources of information.
Linguistic Minorities
Language is a primary means of communication and a mechanism for learning and passing on cultural values. For linguistic minorities, it is a vehicle for expressing and transmitting their culture and maintaining their distinct identities. Despite its importance, there are few peace agreements that contain specific provisions addressing the rights of linguistic minorities. The agreements that do cover rights and those of other ethnic or religious minorities often contain language broad in scope that does not necessarily reflect the specific rights sought by the particular groups. This template includes four sections: Index of Agreements, Basic Elements, Comparative Analysis, and Summaries of Relevant Agreements.
Human Rights and Fundamental Freedoms
Peace agreements are intended to reduce violent conflict, and a major part of conflict is human rights abuses perpetrated against the population. If peace is to thrive, then violence, intimidation, and fear cannot plague the people. The people must feel protected from human rights violations by the government or other responsible parties. Achieving a culture that respects human rights is a long process. The population must develop an understanding of the importance of human rights and the consequences if they are not respected. Incorporating human rights in a peace agreement is an extremely important first step to achieve a "human rights culture" in which human rights are protected, violators are held accountable, and the rule of law is upheld. This section of the Handbook provides an overview of provisions specific to human rights, drawing upon comparative language from agreements and providing sample language.
Economic Restructuring
Economic development can hold the key to rebuilding a region damaged physically and economically by conflict. In some cases, the basis of the conflict and therefore ability for the agreement to succeed lay in the future status of economic regulation. This section of the Handbook provides an overview of the provisions specific to economic restructuring drawing upon comparative language from prior agreements. Although a successful economic restructuring agreement can look very different according to the particular needs of the parties, the basic elements to consider in such an agreement are (1) Infrastructure; (2) Financial Regulations; (3) Free Trade; (4) Tax Collection; (5) Privatization; (6) Management of National Resources; (7) Reparations; (8) International Humanitarian Aid; (9) Customs/Duties; (10) Anti-Corruption; and (11) Women's Issues. This chapter also provides sample language where different options can be utilized, be utilized alone, or in combination with others.
Elections
Peace agreements are often the framework for the parties to set the guidelines and principles of a fair and transparent electoral process that will lead to the establishment of a responsive and representative government of the people. While the parties to different peace agreements may choose different electoral systems, the agreement usually provides that basic elements of the electoral process. Additionally, the nature of the conflict will determine whether the electoral process set forth in the agreement applies to national elections, local elections, or both. This chapter focuses on agreements that address the establishment of a free and fair electoral process. Seven basic elements found in these peace agreements are discussed, which include (1) creation of an election commission and definition of its responsibilities; (2) measures to ensure transparency of elections and electoral campaigns; (3) methods for voter registration and civic education; (4) measures to ensure freedom and openness of the media; (5) a timeframe of the electoral process; (6) international observers' monitoring of the electoral process; and (7) a voting system.
Transitional Administrations
This template provides details on the establishment of transitional governments during the peace process. Drafter's notes include details on beginning the transition ending the transition period; powers of the transitional government; composition; procedures; specific tasks; legal and administrative continuity; supervisory mechanisms; and role of the international community. A Discussion of Transitional Government Provisions in Existing Peace Agreements is also included within the Transitional Administrations Template.
Constitutional Structures
This template discusses the factors taht negotiators should consider when they include constitutional reform in a peace agreement. It focuses on the procedures and underlying norms that are required for the successful implementation of the changes. While these concerns are most applicable to agreements that call for drafting of a new constitution, they are also relevant to the amendment of existing ones.
Peacekeeping Operations
The purpose of this template is to help parties seeking to negotiate an end to armed conflict varying types of peacekeeping operations, different functions they may fulfill, and issues related to defining the mandate for a peacekeeping operation. It provides sample language from recent ceasefire and peacekeeping agreements, an index of ceasefire agreements, and reference to other materials analyzing the challenges of peacebuilding operations.
World Bank Trust Funds (forthcoming)
|
