The Drafter's Handbook (under construction)

The Drafter’s Handbook is designed to serve as a practical guide 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 the 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 cease-fires, autonomy arrangements, demilitarization and disarmament, elections, 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 brief summary of the political context of relevant previous agreements.

Table of Contents:

Ceasefire Agreements
Transitional Agreements
Demilitarization, Demobilization and Reintegration
Police Reform
Elections
Constitutional Structures
Autonomous Arrangements
Human Rights
Resettlement of Refugees and Internally Displaced Persons
Economic Restructuring
World Bank Trust Funds
Accountability/Amnesty

Templates:

Drafter's Guide to Ceasefire Agreements
Prepared by Melanie Nakagawa

This template includes a drafter’s note explaining each key element of a cease-fire, example language from existing agreements, and model language. The template addresses the following topics: defining a cessation of hostilities; general principles; disengagement; separation of forces; prisoners of war; withdrawal of foreign forces; humanitarian assistance; national dialogue and reconciliation; verification and supervision; normalization; follow-up; re-establishment of state administration over territory; formation of a national army; cease-fire template for implementation; disarmament and demobilization; amnesty; prosecution of war criminals; propaganda; and defining cease-fire violations.

• Link to Ceasefire Template
• Link to Model Ceasefire

Transitional Administrations
Prepared by B.J. Sanford

This template provides details on the establishment of transitional governments during the peace process. Drafter's notes include details on beginning the transition period; ending the transition period; powers of the transitional government; structure; selection method for members 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.

• Link to Template

Demilitarization, Demobilization and Reintegration (forthcoming)

Police Reform (forthcoming)

Elections
Prepared by Halim Kanaan, Christeen Nasrallah, Regina Schowalter, Tim Watkins, and Jason Bordoff

This is a step-by-step guide for diplomats and lawyers to utilize in promoting credible elections in peace agreements, enabling a responsive and representative government of the people to be created. This template includes drafter's notes addressing the various elements necessary for creating free elections. The template addresses the following issues: creation of election commission; responsibilities of election commission; timing of elections; international observers; subject matter of the ballot; localized elections; transparent elections and campaigns; secret balloting; voter registration; civic education; free and open media; and transfer of power.

• Link to Template

Constitutional Structures
Prepared by Todd Hettenbach

This template discusses the factors that 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 these changes. While these concerns are most applicable to agreements that call for the drafting of a new constitution, they are also relevant to the amendment of existing ones.

• Link to Template

Autonomous Arrangements (forthcoming)

Human Rights
Prepared by Cynthia Hamra, Karen Heyman, Anita Sarah Jackson, and Laura Martino

This template is designed to facilitate the ability of parties to reach agreement on the inclusion of effective human rights provisions in their final agreements and new constitutions following conflict. It addresses specific issues such as the articulation of basic rights, inclusion in an agreement, and creation of mechanisms to ensure the implementation of these human rights issues.

• Link to Template

Resettlement of Refugees and Internally Displaced Persons
Prepared by Jesse T. Travis, Sukhman Dhami, Nathan P. Kirschner, Roger Lin, Alexis McGinness

This template details principles needed for post-conflict parties to promote the return of refugees and to resolve resettlement issues. It includes detailed provisions providing attention to enshrinement of rights, commitment to security, and the establishment of proper procedures to accomplish resettlement and resolve varied disputes.

• Link to Template

Economic Restructuring
Prepared by Courtney Meade, Karen Heyman, and Cindy Hamra

This template includes drafter's notes identifying elements necessary for discussion to assure successful negotiations regarding the economic issues involved. The template addresses the following issues: economic assessment, infrastructure, financial regulations, free market trade, tax collection, privatization, management of natural resources, reparations, international humanitarian aid, customs/duties, anti-corruption, and women's issues.

• Link to Template

World Bank Trust Funds (forthcoming)

Accountability/Amnesty (forthcoming)