Handbook on Peace Agreement Draft Language

The Transition Process

Chapter [4]: Transition Process in a Peace Agreement

Introductory Notes

A post-conflict society will often need some type of transition in light of the recent violence and crisis to reconfigure political structures and procedures, and accommodate and integrate groups previously excluded.

Transitions may be negotiated as a separate subject and may be the object of a specific agreement (such as transitional arrangements). Alternatively, they may be considered as one of the issues of a peace process and addressed as such in a peace agreement. Additionally, parties may formulate clauses concerning transition processes that link the transition process to constitutional reforms and transitional justice. For the purposes of this Handbook, transition process, transitional authority, power sharing, transitional justice and constitutional arrangements are addressed in separate chapters but drafters shall bear in mind that certain negotiating parties may prefer discussing and dealing with these issues in the same section of the agreement. Either way, negotiating transitions in a peace process helps ensure that the parties agree on a way forward and have the tools and institutions to govern the country while embarking on institutional reforms and preparing the country for a new state system.

Goals of the Transition Process

More specifically, negotiating transitions in the peace process may serve to:

  • Enhance Collaboration: Create the conditions for collaboration among parties and agreement upon key principles governing the transition and newly created institutions.
  • Establish the form of the future state system: If a state infrastructure is being completely reconstructed, or even modified, the peace agreement can be a place to agree upon the form of the future government.
  • Enshrine a process for restructuring the state infrastructure: A peace agreement may also be used to lay out basic procedural steps for restructuring the state system.
  • Promote the rule of law and a peaceful political transition: Committing to the peaceful restructuring of the state infrastructure, in accordance with a set of agreed-upon rules, can help promote rule of law overall. Constitutional reforms may also be used to improve checks and balances between branches of government, bolster the power of the state and the judiciary to appropriately prosecute and adjudicate improper behavior, and tamp down on systemic problems such as corruption and abuses of power using these tools.
  • Improve representation in government structures: Constitutional redrafting or reforms may be used to ensure that all conflict parties and any other marginalized political groups feel more fully represented in any future government, and thus more able to use political processes than a return to violence to achieve their goals.
  • Reassure international supporters and the global community: Inclusion of elements relating to a peaceful political transition – such as plans for the structure of a new government and for the drafting of a new constitution or amendment of an existing constitution – may build confidence within the international community and encourage external states to lend their support to the political transition overall. Commitment to checks and balances and to political and human rights may encourage other states to engage with the state diplomatically, and to provide funding and other resources with less fear of mismanagement or embezzlement of such resources.

Why Include this Chapter

The inclusion of a Transition Process Chapter in a peace agreement may serve to:

  • Commit parties to overarching principles governing the structure of a new government within a negotiation process that may be mediated or observed by third parties dedicated to ensuring fair and peaceful resolution of these issues;
  • Agree upon and determine the institutions and mechanisms that will be put in place to implement and facilitate the transition process.
  • Indicate the timeframe for the implementation of the process.
  • Indicate the stakeholders involved in the process and their roles.
  • Create room for minority voices involved in the negotiation process to have their voices heard on issues regarding government structure, political transition, and constitutional provisions.

Core Issues

Most peace agreements address the following core issues in a Chapter on Transition Process:

  • Purpose of Transition Process: This section describes what the parties aim to achieve with this process;
  • Implementation Plan: This section details the process, more specifically, the sequence and time periods
  • Sequence: specifies the phases of the transition process.
  • Activities: describes the activities that shall be performed at each stage of the process.
  • Transitional Authority: This section refers to the institutional set up governing the transition process.
  • Composition: refers to the Transitional Authority established to lead the country during the transition process.
  • Role and Powers: refers to the responsibilities of the Transitional Authority established to lead the transition process.
  • Applicable Legal Framework: This section refers to the set of norms that will be in place during the transition process.
  • Power-Sharing: This section addresses state structure and the division of powers among state and regional institutions.
  • Inclusion: This section refers to specific groups that can be included in the transition process.

Draft Language on Transition Process in a Peace Agreement

The parties may determine how to merge the draft language options presented below to meet the particular requirements of a peace agreement.

Draft Language:

Purpose of the Transition Process

Note to Drafters: After a conflict period, the transition process can have different goals. Parties may wish to use the transition process to set up state governing institutions, vet existing institutions, or conduct institutional and/or constitutional reforms. Setting out the purpose of this process in a peace agreement can ensure that the parties have a clear vision of what the transition process needs to achieve.
Option 1: Collaboration
To end the conflict and secure a peaceful future, the Parties acknowledge the need to implement a transition process. They will collaborate in the task of implementing the transition process with a view to facilitate the accomplishment of the [peace agreement].
Option 2: Institutional and Constitutional Reforms
The need is recognized to promote a process of revision and institutional reform that includes the legal order of the country, with the commitment to promote constitutional reforms and with the aim of achieving the goals of peace and the enhancement of functional and participative democracy.
Draft Language:

Implementation Plan

Sequence

Note to Drafters: To ensure that the transition process does not become permanent or prolonged thereby risking renewed tensions, the parties may include specific provisions in the peace agreement designating a concrete time period for the transition process. The parties may also include an obligation to hold a referendum on the system of governance at the end of the transition process to mark the end of the transition period.
Option 1: General Clause
There shall be a pre-interim period, the duration of which shall be [time]. Followed by an interim period, the duration of which shall be [time].
Option 2: Referendum
There shall be a pre-interim period of [time], followed by an interim period of [time]. At the end of the interim period [time], there shall be a referendum on the system of government established under the [peace agreement].

Activities

Note to Drafters: Setting out concrete activities that the parties aim to achieve at different periods of the transition can prevent delays and helps civil society hold the governing institutions to account during the transition process.
Activities (All Phases)
During the Pre-Interim Period:
[transitional authority] for the full implementation of [peace agreement] shall be established;
The cessation of hostilities shall be fully implemented;
A constitutional framework shall be developed.

During the Interim Period:
The constitutional framework shall be discussed and finalized;
The [transitional authority] established during the pre-interim period shall provide guidance through the transition process and conduct mid-term evaluations.

Post-Interim Period:
At the end of the interim period, there shall be [a referendum on [system of governance]] / [elections] / [or similar mechanism] which marks the end of the transition process and the beginning of operation of the new state system, in accordance with the [peace agreement] and results of the [elections, referendum, or similar mechanism].
Draft Language:

Transitional Authority

Composition

Note to Drafters: The composition of the transitional authority that may be established to implement the peace agreement can be important for ensuring that the transition process accounts for different needs and interests. An inclusive transitional authority is more likely to address existing grievances and avoid renewed hostilities.
Composition
After the entry into force of this Agreement, a [number]-member [transitional authority] of [state] shall be established for the interim period. At their first meeting, the members of the [transitional authority] shall elect a President and a Vice-President for the duration of the term of the [transitional authority]. The members of the [transitional authority] shall be elected at a joint session of the [relevant institutions].

Role and Powers

Note to Drafters: The transition process usually is not able to address all problems within a short time frame. For this reason, including concrete roles and powers to guide the transitional authority that are realistic for the purpose of the transition will ensure a more effective transition and avoid delays in handing over authority to elected institutions.
Role and Powers
The [transitional authority] shall exercise all legal and political responsibility for the governance of [state] until it hands over power to a government popularly elected on the basis of a new Constitution.
Draft Language:

Power Sharing

Note to Drafters: Power sharing arrangements typically balance the desire of some parties for greater devolution of political power, with the desire of other parties to maintain a degree of political centralization. Power-sharing arrangements in peace agreements can address major underlying causes of conflict, including unequal access to resources, inadequate political representation, and social or political marginalization.
Option 1: Commitment to Determine State Structure
A conference on the system of governance in [state] shall be held within no more than [X] months after the signing of the [peace agreement] provided that it aims at reviewing the administrative division of the various regions and levels of governance as well as the structures, powers, and jurisdictions thereof. The Parties shall further agree on participants of the conference.
Option 2: Specification of State Structure
The Parties agree to [restore] / [establish] a [federal state] / [unitary state] / [devolved state] / [confederal state] in [state] as a system of governance provided that it meets the aspirations of citizens and engages them in governance.
Option 3: Allocation of Powers to Regional Structures
[Specific regional government(s)] / [Regional governments] shall exercise competence over:

[Regional taxes];

Provision of basic services];

[Infrastructure and its maintenance];

[Environmental protections];

[Police];

[Local media and cultural aspects];

[other powers].

All other powers shall be exercised by [federal institutions] / [central government].
Option 4: Allocation of Powers to Central Government Institutions
[Federal institutions] / Central government] shall exercise competence over:

[National defense and security];

[Foreign affairs];

[Federal taxation];

[Foreign trade and customs policy];

[Immigration];

[other powers].

All other powers shall be exercised by regional governments.
Draft Language:

Inclusion

Note to Drafters: Broad participation in state governance is often needed to end violence and secure popular buy-in. Exclusionary practices in many instances in the past have led to renewed hostilities and prolonged instability.
Option 1: Participation in the State Governance
The [peace agreement] is putting forward further balanced representation in state governance. The participation shall be based on values of equality between all the citizens without discrimination.
Option 2: Participation in Specific Institutions
The [group] citizens shall have the right to participate in the state institutions as follows:

[The Presidency];

[The Council of Ministers];

The National Legislative Assembly];

[The National Defense and Security Counci];.

[The Supreme Court];

[The National Planning Institutions]

[The National Elections Commission];

[Foreign Affairs];

[The National Career Selection Commission];

[ National Universities and Research Institutions];

[The Armed Forces];

[Any other state institutions].
Option 3: Participation in State Institutions
The [group] shall participate in all political, administrative, and constitutional institutions in numbers commensurate to the demands of the interim period, taking into consideration population size and provided that the criteria for eligibility are met.

Further Readings

For further reading on Transition Process, please consult:

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