Handbook on Peace Agreement Draft Language

Transitional Authority

Chapter [5]: Transitional Authority in a Peace Agreement

Introductory Notes

Peace agreements are often drafted between parties active in states that are undergoing dramatic political upheaval. In areas where political systems collapse due to conflict or need major reform after a leadership change, an interim or transitional authority may be needed to manage the state during or after the crisis, throughout the transition process. This Handbook refers to this interim authority as “Transitional Authority”. Often peace agreements refer to the transition process and transitional authorities in the same section given the close link between the two issues. However, for the purposes of providing draft language, this Handbook has opted to address these two concepts separately.

Definitions

Transitional Authority: An interim authority that assists with the administration of basic government services and implementation of the peace agreement during a transitional period, particularly if a new Constitution is being drafted that will redefine the structure of a permanent government. An interim government typically governs until a permanent government is formed through the election process laid out in the permanent Constitution.

Functions of a Transitional Authority

  • Provide legal and administrative continuity: Maintaining and stabilizing essential legal frameworks, administrative systems, and governance mechanisms to ensure a smooth transition from conflict to peace.
  • Supervise and manage the involvement of multiple parties in a post-conflict period: A multitude of parties, both local and international, may be involved in the transition period. Ensuring a smooth coordination and preventing tensions among them is essential to preserve or achieve peace. For instance, a peace agreement may call for international or regional peacekeepers to be deployed to the area to maintain a ceasefire and help oversee elections. Peacekeeping missions are often supervised and coordinated by a transitional authority established by the UN.

Why Include a Transitional Authority Chapter

  • Allow all parties to the conflict to agree on interim political structures ensuring political stability;
  • Ensure that there is no administrative gap that may be exploited, undermining the terms of the peace agreement;
  • Establish how heavily international actors will be involved in the transition administration;
  • Allocate specific roles and responsibilities to parties involved in the transition;
  • Define the duration of the transition period through the start and end date.
Draft Language:

Formation of a Transitional Authority

Establishment

Note to Drafters: A Transitional Authority may be domestically established or it may be authorized by an international or regional organization. Historically, transitional authorities have been authorized by institutions such as the United Nations. For example, the United Nations Transitional Authority in Cambodia (UNTAC) was authorized by a Resolution passed by the United Nations Security Council.
Option 1: Parties
The Parties agree to the establishment of a [transitional authority].
Option 2: Authorizing Institution
The [transitional authority] is authorized by [any relevant treaty or resolution] of [the United Nations [Security Council]] / [another international/regional organization].

Duration

Note to Drafters: The duration of a Transitional Authority may be a fixed time period (with possibilities for extensions), or an undefined time period whose end is conditioned upon the occurrence of various indicators of stability, such as elections. The starting date for a transitional authority may likewise be triggered by a predetermined event. The duration of a Transitional Authority typically aligns with the transition process.
Duration
The transitional process under the [transitional authority] shall begin [on [date]] / [x days / months after the signing of the peace agreement] / [after the following conditions have been met: [reaching of a ceasefire / disarmament / etc.]].

The transitional process under the [transitional authority] will end [after x months] / with the possibility of extension by the consent of all Parties and/or by the determination of the [authorizing body] OR [after specific conditions have been met].

Mandate

Note to Drafters: The mandate of a Transitional Authority lays out its purpose and primary objectives. The mandate may also clarify how the Transitional Authority should interact with any operational national, regional, or local government institutions, so as not to come into conflict with their objectives and functioning.
Mandate
The mandate of the [transitional authority] is to [state primary purpose(s) of the transitional authority, e.g., ensure implementation of a peace agreement, provide for peaceful reintegration of society post-conflict, maintain regional peace and stability post-conflict].

The objectives of the Transitional Authority include the following:

- Promotion and monitoring of human rights;

- Organization, conduct, and certification of free and fair general elections;

- Operation of civil administration and public services;

- Maintenance of law and order;

- Repatriation and resettlement of refugees and displaced persons;

- Rehabilitation of essential infrastructure;

- Establishment, training, and implementation of a temporary police force;

- Monitoring of treatment of prisoners and the prison system;

- Assistance in coordination of plans for development and reconstruction;

- Supervision and facilitation of regional demilitarization;

- Monitoring of the voluntary and safe return of refugees and displaced persons to their homes of origin [in cooperation with the United Nations Refugee Agency];

- Contribution to regional peace and stability.

The [transitional authority] should make every effort to coordinate with existing national, regional, and local authorities in all areas where jurisdiction may overlap.
Draft Language:

Powers of a Transitional Authority

Legal and Administrative Continuity

Note to Drafters: A peace agreement will often specify what law will govern matters not addressed in the agreement, and what existing government agencies will continue to function until new government institutions replace them. Some agreements provide that all laws and administrative mechanisms existing prior to the agreements remain in effect unless the agreements explicitly repeals them or the transitional or permanent government affirmatively changes them.
Legal and Administrative Continuity
Unless or until amended or explicitly repealed by the [Transitional Government], the law governing matters not addressed in the [peace agreement] will be governed by [the domestic law of [state] / international law as defined by [list of treaties]].

Unless or until amended or explicitly repealed by the [Transitional Government], the following existent government agencies and administrative mechanisms will continue to carry out their functions under the Transitional Government: [list].

Role of Other Actors

Note to Drafters: Some peace agreements specify what role the international community and other regional and local actors will play in the interim (transitional) government. These roles may vary from advisory positions only, to specific roles in an interim government, and usually depend on the level of trust between the parties and on the technical capacity of local officials.
Option 1: Interim (Transitional) Government
The following external actors will serve in advisory positions for the [Transitional Government], supporting and assisting its operations upon request: [list of relevant international, regional, and local actors].

The following external actors will serve directly in the [Transitional Government] within the following roles: [list of relevant international, regional, and local actors, and the roles that they will fill].
Option 2: Transitional Authority
The [Transitional Authority] and the personnel who staff it will coordinate with any national, regional, and local authorities to provide support in the following areas: [list roles].

International actors and non-governmental organizations will assist the [Transitional Authority] in the following ways: [list].
Draft Language

Composition of a Transitional Authority

Process for Selecting Members

Note to Drafters: An agreement may specify the composition and selection method for a transitional government. The challenge associated with doing so, however, is that it may affect the distribution of political power during the transition period.
Option 1: Through Consultations
The precise identity of the members of the [transitional authority] shall be decided by [relevant individuals] after consultations with the heads of the Parties participating in the [transitional assembly]. In this process, gender diversity shall be prioritized to ensure an equitable representation of all genders in the composition of the [transitional authority].
Option 2: Ensuring Plurality in the Authority Composition
The [relevant individuals] shall determine the initial function of each Minister when allocating the ministries to representatives of the negotiating Parties. The [relevant individuals] shall ensure that the Minister in charge of [function] belongs to a different party from the Minister responsible for [the police or other function], such that there is an even division of responsibilities between the Parties to the peace agreement. Gender diversity shall also be considered in the allocation of ministerial roles to promote an equitable and inclusive government.
Option 3: Personnel Selection Committee
A [transitional personnel selection committee] shall be created with the input and consent of all Parties involved in the peace negotiations, and in consultation with a broad array of stakeholders, including those from historically marginalized groups and with a strong focus on achieving a gender inclusive process. This [transitional personnel selection committee] shall operate under selection, vetting, and removal procedures established in the [committee’s] mandate, and these procedures shall be subject to amendment [with the consent of a majority/plurality of the Parties / by the transitional legislature / by popular referendum].

Procedures

Note to Drafters: Many agreements contain rules of procedure for transitional authorities that consist of multiple minorities. For instance, the agreement might require approval by a supermajority—meaning majority of all votes and the majority of one or more of the minorities—before the government can act on certain sensitive matters.
Option 1: Rules of Procedure
The [transitional authority] shall establish its own rules of procedure, engage such staff it deems necessary to carry out its work and establish a budget for that purpose.
Option 2: Additional Institution
The [name of institution] shall devise and implement appropriate rules of procedure in respect of its operations, to be signed by all members upon their induction into office.

Inclusive Representation

Note to Drafters: Many peace processes aim to be as inclusive as possible to ensure that the resulting agreement addresses the needs and concerns of a broad range of constituencies and historically marginalized groups.
Inclusive Representation
To ensure that the [transitional authority] fairly includes and represents a broad swath of society, positions within the following bodies must be filled in accordance with the following quotas:
        
- [X representatives in the Transitional Legislature must be women.]

- [X% of representatives in the Transitional Legislature must be religious minorities.]

- [No more than X Minister positions may be filled with individuals from the same political party.]
Draft Language:

Oversight of a Transitional Authority

Note to Drafters: An independent commission may be set up to monitor the activities of a transitional authority, to ensure that appropriate progress is being made along the intended timeline, and to ensure that no issues are arising with respect to abuse of power or corruption.
Oversight Mechanism
An independent [Assessment and Evaluation Commission] shall be established during the [timeframe] to monitor the implementation of the Agreement. 

The composition of the [Assessment and Evaluation Commission] shall consist of equal representation from the Parties to this Agreement and relevant civil society members, including prominent women, youth, and victim groups, and not more than [X number of] representatives, respectively, from each of the following categories: [names of participating parties and third party states].

The Parties shall work with the [commission] during the transition process with a view to improving the institutions and arrangements created under the [peace agreement].

Further Readings

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