Peace Agreement Draft Language Guide
Interim (Transitional) Government or other Transitional Authorities
About Interim (Transitional) Government or other Transitional Authorities in a Peace Agreement
INTRODUCTORY NOTE: Peace agreements are often drafted in or 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 government may be needed to manage the country during or after the crisis.
Interim (Transitional) Government: An interim government that assists with the administration of basic government systems during a transitional period, particularly if a new constitution is being drafted that will redefine the structure of a permanent government.
Transitional Authority: An authority entrusted with a mandate to assist with a transition period.
Interim governments and transitional authorities may serve several key functions:
Provide legal and administrative continuity: Maintaining and stabilizing essential legal frameworks, administrative systems, and governance mechanisms ensures a smooth transition from conflict to peace.
Supervise and control 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.
The inclusion of a Interim (Transitional) Government and Transitional Authority Chapter in a peace agreement may serve to:
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 period’s 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 for the envisioned transitional period.
CORE ISSUES:
Most peace agreements address the following core issues in a Chapter on Interim (Transitional) Government and Transitional Authority:
Formation of an Interim (Transitional) Government: This section outlines the essential elements of an interim (transitional) government. This may include:
Start of the Transition Period: defines the beginning of the transition period.
End of the Transition Period: defines the close of the transition period.
Structure: specifies which governing institutions will exercise political authority during the transition period.
Location: specifies where the interim government will be situated during the transition period.
Mandate: specifies the role and task of the interim government.
Formation of a Transitional Authority: This section discusses the essential elements of a transitional authority. This may include:
Authorizing Institution: specifies which regional or international institution or institutions will be tasked with authorizing and establishing the transitional authority.
Duration: sets the terms for the start, end, and duration of a transitional authority, including any conditions whose achievement may trigger the end of the transitional authority.
Mandate: specifies the role and task of the transitional authority.
Composition of an Interim (Transitional) Government: This section discusses the process and procedures for selecting the members and the composition of the interim government. This may include:
Process for Selecting Members: specifies the composition and selection method for a transitional government.
Procedures: contains rules of procedure for transitional governments.
Inclusive Representation: sets out guidance for ensuring membership within an interim (transitional) government includes representatives from all political factions involved in the conflict, as well as from marginalized groups and from civil society.t.
Powers of an Interim (Transitional) Government or Transitional Authority: This section discusses the scope of authority and decision-making powers granted to the interim government, including the governing law. This may include:
Legal and Administrative Continuity: specifies 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.
Role of Other Actors: specifies what role actors other than the interim transitional government or transitional authority will play in the interim (transitional) government.
Oversight of an Interim (Transitional) Government or Transitional Authority: This section outlines the creation of independent domestic, regional, or international supervisory mechanisms, such as monitoring-and-verification mechanisms, to ensure that the interim government and/or transitional authority is carrying out its duties effectively, transparently, and in accordance with the provisions of the peace agreement.
Draft Language on Interim (Transitional) Government or other Transitional Authorities 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.
Formation of an Interim (Transitional) Government
Start of the Transition Period
Note to Drafters:
The peace agreement may include the start date of the interim government, which generally also defines the beginning of the transition period. An interim government or other transitional authorities may begin upon signing an agreement, on a specific date or after some period following signing of the agreement, or only when a specified entity (e.g., a “pre-transitional authority,” a foreign or international organization, or a supervisory institution consisting of both domestic and foreign members) agrees that certain conditions have occurred (such as the cessation of hostilities).
Draft Language: Start of the Transition Period
Option 1: Upon Signature
Immediately following the signing of this Agreement the [Parties] shall establish a [Transitional Government] to begin immediate planning and implementation of the transition period.
Option 2: Conditional Upon Certain Circumstances
The transition period shall commence from the time that the conditions necessary for installing the Transitional Government in accordance with the applicable instruments have been met, which shall be as soon as possible after [three months], and in any event not later than [X length of time], from the date of signature of the Agreement.
The Transitional Government alone shall determine this date, and may bring it forward if it decides that the necessary conditions exist. Until the transition period commences, all parties shall meet their obligations under the Agreement to establish or co-operate in establishing the agreed legal and institutional framework.
Option 3: At a Specific Date
There shall be a transitional period of [X months] which may be extended at most to another period of the same duration if so requested by one of the parties starting from [DATE].
End of the Transition Period
Note to Drafters:
A peace agreement may include the end date of the interim government, which generally also defines the close of the transition period. States usually provide that a transition period will end after the satisfaction of some objective condition evidencing the successful transition to a permanent governance structure. These conditions may include holding elections or the adopting of a permanent constitution. To prevent a transitional arrangement from becoming a permanent arrangement, an agreement may require that these conditions occur within a specified timeframe.
Draft Language: End of the Transition Period
Option 1: Elections
The transition period shall culminate after national elections. Elections shall take place within [X amount of time] of the commencement of the transition period.
Option 2: End Date
The transitional period will end on [DATE].
Strucutre
Note to Drafters:
A peace agreement may specify which governing institutions will exercise political authority during the transition period. Some agreements provide for the full range of traditional democratic institutions, including a unicameral or bicameral legislature, a head of state, a cabinet, and a constitutional court, in which case the agreement should also allocate all powers and responsibilities among the different institutions.
Draft Language: Prohibited Acts
Key Institutions in the Transitional Government
During the transitional period, political authority will be exercised by the following institutions within the Transitional Government:
A Transitional Legislature, made up of [an Assembly and a Senate / a unicameral Assembly] ;
A Transitional Executive;
A Transitional Judiciary; and
[Other transitional institutions.]
Location
Note to Drafters:
A peace agreement may specify where a transitional government will be located, including whether the different branches of the transitional government will be seated in one or multiple locations.
Draft Language: Location
Option 1: Seat of the Transitional Government
The Transitional Government shall be based in [city, state/region/province].
Option 2: At a Specific Time or Date
The Transitional Government’s branches shall be based in the following locations:
(1) The Transitional Legislature shall be based in [city].
(2) The Transitional Executive shall be based in [city].
(3) The Transitional Judiciary shall be based in [city].
(4) [Other transitional institutions] shall be based in [city].
Mandate
Note to Drafters:
The mandate of a transitional government can help define what the objectives of the transitional government are. This may include defining the criteria that will signal the intent to shift from a transitional to a permanent government, such as the ability to hold free and fair elections.
Draft Language: Mandate
The Transitional Government shall:
Peacefully lead the country through a transitional period until free and fair elections are held;
Assist the political transition’s progression towards democratic governance, institutional reforms, protection and promotion of human rights, and sustainable peace;
Create the conditions for the implementation of this peace agreement and any future peace agreements;
Assist peacebuilding, civilian protection, reconciliation between communities, political stabilization, and rule of law;
Engage with regional actors and the international community;
Support processes for constitution-drafting, elections, and census-taking; and
Support the mobilization of economic and development assistance and coordination of humanitarian assistance.
The Transitional Government shall integrate gender considerations as a cross cutting issue throughout its mandate. This includes, for example, ensuring the full, equal and meaningful participation of women at all levels in peace and political processes and in all social and economic aspects of life, as well as implementation of UN Security Council resolutions on Women, Peace and Security.
Formation of a Transitional Authority
Authorizing Institution
Note to Drafters:
A transitional authority may be authorized by an international or regional organization. Historically, transitional authorities have been authorized by institutions such as the United Nations and, prior to its existence, the League of Nations. For example, the United Nations Transitional Authority in Cambodia (UNTAC) was authorized by a resolution passed by the United Nations Security Council.
Draft Language: 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:
As with a transitional (interim) government, 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 (e.g., elections). The starting date for a transitional authority may likewise be triggered by a predetermined event.
Draft Language: Duration
The transitional period 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 period 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.
Draft Language: 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.
Composition of an Interim (Transitional) Government
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. Some agreements, therefore, create a separate institution to select members of transitional government, while others name specific individuals to each office, and yet others predetermine the political or ethnic composition of the transitional government in order to ensure representation for all groups.
Draft Language: Process for Selecting Members
Option 1: Through Consultations
The precise identity of the members of the [Transitional Executive] 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 equal representation of all genders in the composition of the [Transitional Executive].
Option 2: Ensuring Plurality in the Government Composition
The [relevant individuals] shall determine the initial function of each Minister when allocating the ministries to Parties. The [relevant individuals] shall ensure that the Minister in charge of [insert 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. 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, and in consultation with a broad array of stakeholders, including those from historically marginalized groups and with a strong focus on achieving gender balance. 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 governments 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.
Draft Language: Procedures
Option 1: Rules of Procedure
The [Transitional Government] 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 Information
The [insert 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. These groups may include, among others: women, racial/ethnic minorities, political minorities, religious minorities, youth, differently abled individuals, and individuals within the LGBTQ+ community. Transitional governments are generally designed to include representatives from these groups, as well as from all parties to the conflict, ensuring they are represented, heard, and respected. This might involve setting quotas for the inclusion of individuals from each group in various bodies of the transitional government.
Draft Language: Inclusive Representation
To ensure that the [Transitional Government] fairly includes and represents a broad swath of society, positions within the following bodies must be filled in accordance with the following quotas:
[E.g., “15 representatives in the Transitional Legislature must be women.”]
[E.g., “20% of representatives in the Transitional Legislature must be religious minorities.”]
[E.g., “No more than 3 Minister positions may be filled with individuals from the same political party.”]
Powers of an Interim (Transitional) Government or 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.
Draft Language: 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.
Draft Language: Role of Other Actors
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 that the Transitional Authority will fill vis-à-vis national/regional/local authorities]
International actors and non-governmental organizations will assist the [Transitional Authority] in the following ways: [list of relevant international actors and non-governmental organizations, and the roles that they will fill]
Oversight of an Interim (Transitional) Government or Transitional Authority
Note to Drafters:
An independent commission may be set up to monitor the activities of an interim (transitional) government or 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.
Draft Language: Oversight of an Interim (Transitional) Government or Transitional Authority
An independent Assessment and Evaluation Commission shall be established during the [insert 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 equitable representation of women, and not more than [X number of] representatives, respectively, from each of the following categories: [insert names of participating parties and third party states]
The Parties shall work with the Commission during the Interim Period with a view to improving the institutions and arrangements created under the Agreement.
For further reading on Interim (Transitional) Government and Transitional Authority, please consult:
Richard Caplan, International Transitional Administration (ITA), Princeton Encyclopedia of Self-Determination
United Nations Interim Administration Mission in Kosovo (UNMIK)
United Nations Transitional Administration in East Timor (UNTAET)