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61. Morocco: Betting on a Truth and Reconciliation Commission

Author:
Pierre Hazan
Publication Date:
07-2006
Content Type:
Working Paper
Institution:
United States Institute of Peace
Abstract:
Facing the Atlantic and Mediterranean, just nine miles from the Spanish coast, Morocco is essential for stability in Europe, Africa, the Middle East, and American interests in these regions. The United States and the European Union fully recognize its strategic importance. Its proximity, large diaspora, and extensive trade with Europe place it at the top of the EU's Mediterranean strategy agenda. The United States has designated Morocco a major non-NATO ally; it also was one of the first Arab countries to sign a free-trade agreement with the United States. The Kingdom of Morocco is facing four challenges: weak economic growth; a social crisis resulting from social inequalities, with 20 percent of the population in absolute poverty and 57 percent illiterate; lack of trust in the governing institutions because of the high level of corruption; and an unstable regional and international environment. These factors strengthen the appeal of various Islamist movements, from moderate to more radical groups such as the authors of the deadly bombings in Casablanca in 2003 and Madrid in 2004. Moreover, the conflict over the Western Sahara places Morocco's and Algeria's armies, the two most powerful in North Africa, toe to toe. Unlike Tunisia and Algeria, since the end of the Cold War Morocco has taken steps toward political liberalization, and its pace has accelerated since Mohammed VI came to the throne in 1999. As part of the process of liberalization, the king established a truth and reconciliation commission (TRC) in January 2004. This is one of very few cases in which a TRC was created without a regime change. Thousands of victims tortured during the reign of King Mohammed's father, King Hassan II, have been given the opportunity to voice their sufferings publicly and have been promised financial compensation. Such outcomes are unprecedented in a region known for its culture of impunity. Morocco is the first Arab Islamic society to establish a TRC. Its experience shows that political factors play a primary role in the functioning of such a body, while religious and cultural factors are of secondary importance. Although the Moroccan TRC is not an exportable model, it could inspire other majority Muslim societies, such as Afghanistan and Lebanon, which are envisaging or might set up TRCs to confront crimes of past regimes. Some security experts hoped the TRC would be effective in the “soft war” against terrorism by winning the hearts and minds of the population. The actual experience in Morocco shows the limits of this approach. The tension is too strong between the perceived requirements of the antiterrorist struggle and a process to establish accountability for past crimes and advance democratization. In the final analysis, the “war against terrorism” has limited the TRC's impact in Morocco. The report of the Moroccan TRC, published in early 2006, recommended diminution of executive powers, strengthening of parliament, and real independence for the judicial branch. The king and the political parties must decide in the coming years if they will permit the transformation of the “executive monarchy” of Morocco into a parliamentary monarchy. This decision will affect the stability of the kingdom, North Africa, and, to a lesser extent, Europe and the Middle East.
Topic:
Conflict Resolution, International Relations, and Development
Political Geography:
Afghanistan, Africa, United States, America, Europe, Middle East, Arabia, Algeria, Spain, North Africa, Lebanon, Morocco, and Tunisia

62. Weak Viability: The Iraqi Federal State and the Constitutional Amendment Process

Author:
Jonathan Morrow
Publication Date:
07-2006
Content Type:
Working Paper
Institution:
United States Institute of Peace
Abstract:
The cycle of violence in Iraq is, in part, constitutional: it derives from competing visions of the Iraqi state that have not been reconciled. An amendment to Iraq's constitution to delay the creation of new federal regions, together with a package of legislation and intergovernmental agreements on oil, division of governmental power between Baghdad and the regions, and the judiciary, may be enough to slow or even arrest this decline in the security situation, and may be achievable. A “government of national unity,” though desirable, will not by itself be able to generate the necessary constitutional consensus. Iraq's new legislature, the Council of Representatives, is now considering the process of constitutional amendment described in Article 142 of the constitution. Prime Minister Nouri al-Maliki has announced the constitutional review as part of his government's platform. This amendment process, assuming it proceeds, will come in the wake of widespread opposition to the constitution from Sunni Arab Iraqis in the October 2005 referendum. It is expected that a Constitution Review Committee (CRC) will soon be appointed, in line with Article 142. To the extent that it was opposed by Sunni Arabs, the constitution lacks the essential criterion of any constitution: the consent of all major national communities. The 2005 Iraqi constitution may nonetheless, as a legal text, be a sufficient and necessary framework for the radically regionalized Iraqi polity which the constitution drafters envisaged. The constitutional challenge in Iraq is first about peacemaking, not state building. As the Iraqi parliament faces the challenge of appointing, mandating and staffing a CRC, the first, and essential, set of questions is therefore political: How can the amendment process be used as a vehicle to remedy the political failure of last year's constitution drafting process? How can consensus be built, and in particular how can Iraq's Sunni Arabs be encouraged to give their assent to the new federal Iraq? How can Iraq's Kurdish and Shia leaders be encouraged to make worthwhile constitutional concessions to Sunni Arab positions so as to elicit that consent? The second set of questions is legal: What are the minimum constitutional amendments needed, if any, to ensure that Iraq is a viable, if not a strong, state? To the extent that the Sunni Arab position has been one that purports to defend the Iraqi state, legal or technical improvements to the text that support Baghdad's ability to govern may draw support from Sunni Arabs, thereby generating clear political benefits. There are additional legal questions that, though not strictly related to the Sunni Arab problem, are pressing: in particular, What are the minimum constitutional amendments needed, if any, to ensure that the human rights of all Iraqis receive adequate protection? It is not only the Sunni Arabs who feel disenfranchised by the constitution; nationalists, some women's groups, and groups representing Iraq's minorities express similar views. It will be very difficult to pass constitutional amendments of any sort, especially those that seek to shift power from Iraq's regions to the central government. Regional interests have the upper hand, constitutionally and politically. There is no reason to expect that the constitution's Kurdish and Shia authors will see the need for constitutional amendments to the text that they themselves deliberately, if hastily, constructed. The referendum procedure for amendment is onerous, with a three-governorate veto power. High expectations of the amendment procedure will lead to disappointment and may amplify, rather than reduce, violence. For this reason, legal instruments other than constitutional amendments must be considered as ways to remedy the political and legal deficiencies of the constitution. A CRC should be established, with strong Sunni Arab membership. Given the pressing and complex nature of the necessary constitutional deal, the CRC should be mandated to make recommendations, where appropriate, not only for constitutional amendments, but also for (1) legislation, (2) intergovernmental agreements and, where appropriate (3) interparty agreements and (4) international agreements, all of which might encourage Sunni Arab political commitment to the Iraqi constitution and ensure viability for the Iraqi state. A three-part formula, concerning the creation of new regions, oil, and the delineation of powers between the central government and the regions, offers a way forward for the CRC to heal the wounds caused by the deficiencies in the 2005 drafting process. That formula would not require the Kurdistan party or the hitherto most influential Shia party, the Supreme Council for the Islamic Revolution in Iraq (SCIRI), to make major modifications to their constitutional positions.
Topic:
International Relations, Development, and Government
Political Geography:
Iraq, Middle East, Arabia, and Kurdistan

63. Draft Constitution Gained, but an Important Opportunity Was Lost

Author:
Mona Iman
Publication Date:
10-2005
Content Type:
Policy Brief
Institution:
United States Institute of Peace
Abstract:
While the outcome of Iraq's October 15 national referendum is uncertain, it is clear that many of Iraq's Sunni Arabs will vote against it. Why are Sunni Arabs opposed to a constitution that appears to give them the same opportunities for self-governance that it provides to Kurds and Shia?
Topic:
International Relations, Government, and Religion
Political Geography:
Iraq and Middle East

64. Six-Party Talks: Defining A Realistic Roadmap for Success

Author:
Ralph A. Cossa, Scott Snyder, and Brad Glosserman
Publication Date:
11-2005
Content Type:
Policy Brief
Institution:
United States Institute of Peace
Abstract:
The forthcoming resumption of Six-Party Talks to eliminate nuclear weapons from the Korean peninsula is expected to build on the Joint Statement of principles released at the end of the last round on September 19, 2005. While some have criticized the vagueness of the Joint Statement, it represents the first tangible progress in identifying common principles and objectives in two years of sporadic meetings. If North Korea has indeed made a “strategic decision” to abandon its nuclear weapons programs – a thesis still to be tested – it may provide a basis for future progress. For this to occur, however, a more specific negotiating road map and implementing process must be developed. It is important to assess where the current guidelines might lead and to identify the "commitments for commitments" and "actions for actions" that might be envisioned as next steps.
Topic:
International Relations, Security, and Nuclear Weapons
Political Geography:
Asia and North Korea