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1. The Prospective and Limitations of the Syrian Constitutional Committee

Author:
Sinan Hatahet
Publication Date:
02-2020
Content Type:
Working Paper
Institution:
The Geneva Centre for Security Policy
Abstract:
The Syrian Constitutional Committee, a UN-authorised constituent assembly, was established to reconcile the Syrian government and the Syrian opposition, in the context of the peace process, by adopting a new constitution for Syria. While it enjoys a measure of international legitimacy, it may be a mechanism to override the terms of UN Security Council’s resolutions 22541 in favour of establishing the Astana talks as the only regulator of the political process. The committee has encountered several challenges. First is the divergence of expectations between the opposition and the Syrian government; second, the lack of a clear time frame for its deliberations; third, the Syrian government’s insistence on imposing its anti-terrorism vision; finally, the lack of international commitment to its outcome, mainly from the US and its partners. This brief examines the positions of both the Syrian government and the opposition and their expectations from the constitutional process as well as the impact of the Turkish offensive in the north east of the country on the process.
Topic:
Constitution, Syrian War, Negotiation, and Transition
Political Geography:
Middle East, United Nations, and Syria

2. Russian views on the Constitutional Committee and the political process in Syria

Author:
Nikolay Sukhov
Publication Date:
01-2020
Content Type:
Working Paper
Institution:
The Geneva Centre for Security Policy
Abstract:
The Russian leadership believes that the Constitutional Committee (CC) is a key factor in a political settlement in Syria. Russia hopes that the West, primarily the EU, adhering to the principle of “no reconstruction without a political transition”1, would regard the launch of the CC as the beginning of this political process and increase humanitarian aid to Syrians living in government- controlled territory. Russia's position on the constitution issue differs from that of the Syrian government. However, glimmer of hope could come from events in northeast Syria2, which has strengthened position of the opposition in the CC. Yet, neither Russia, nor Syria, are ready to recognise this reality. The Russian leadership is not likely to promote rapprochement between the Syrian government and the opposition on reform issues, as Russia perceives these to be the internal affairs of Syria. In Russia, it is perceived that the constitutional, and later, the political process based on the new constitution, could facilitate the return of refugees. The next step after the adoption of the new constitution should be legislative reform, which would bring Syrian legislation into line with the constitution. The topic of legislative reform in Syria could become bargaining tool for Europe in negotiations with Russia. If Europe wishes to stabilise the situation in Syria and the Middle East, it should first participate in reconstruction efforts by reviving the economy, and thereby Syrian civil society. This would be an indirect stimulation of political reforms. In this case, European leaders need to develop a long-term strategy aimed at improving Syrian society, preventing radical ideas, terrorism and possible new waves of migration to Europe. Russia could contribute to the implementation of European initiatives as the interests of Russia and Europe to stabilise Syria and the region coincide.
Topic:
Constitution, Syrian War, Negotiation, and Peace
Political Geography:
Russia, Middle East, and Syria

3. A Difficult Mission: Will the appointment of Allawi as Prime Minister end the crisis in Iraq?

Author:
FARAS
Publication Date:
02-2020
Content Type:
Commentary and Analysis
Institution:
Future for Advanced Research and Studies (FARAS)
Abstract:
The attacks on some Iraqi demonstrators on February 3, 2020, on account of which a number of so-called "blue hats" were indicted, imply the persistence of the Iraqi political crisis, despite the appointment of Muhammed Tawfiq Allawi as head of the new government. Allawi, who was the former Minister of Communications, was officially appointed by President Barham Saleh at the beginning of February 2020. The announcement comes two months after the House of Representative accepted the resignation of Adil Abdul-Mahdi, the former Prime Minister of the Caretaker Government. However, according to the Iraqi constitution, the appointment of a new prime minister should have been selected from the ‘largest bloc’ within the Parliament and should have taken place within a maximum period of 15 days, following the resignation. What is worth noticing here is that the mechanism by which Allawi was nominated for Prime Minister resembles that of Adil Abdul-Mahdi. Identifying the largest bloc within the parliament was also overlooked, because of the consensus between the various political forces, particularly between the two the coalitions, Saairun ‘Alliance Towards Reforms’and the Fatah ‘Conquest Alliance’, which are occupying the largest number of seats in Parliament. This is actually contrary to what is affirmed by the Iraqi constitution in Article 76 thereof, which states that “the President of the Republic shall charge the nominee of the largest Council of Representatives bloc with the formation of the Council of Ministers…".
Topic:
Government, Constitution, and Protests
Political Geography:
Iraq, Iran, Middle East, and Gulf Nations

4. Mixing politics and force: Syria’s Constitutional Committee in review

Author:
Lars Hauch
Publication Date:
08-2020
Content Type:
Special Report
Institution:
Clingendael Netherlands Institute of International Relations
Abstract:
This report examines Syria’s Constitutional Committee process and parallel military developments during the Syrian civil war to reveal that the two have so far been interconnected. It arrives at the conclusion that the Government of Syria and Russia created and subsequently manipulated various linkages between conference room and battlefield to increase their own advantage. This has included the use of the Constitutional Committee as a placeholder to avoid greater Western diplomatic, or even military, efforts to resolve the conflict; the deliberate targeting of civilians and civilian infrastructure to force opposition bodies out of Syria; and polarization of the Committee by engaging in continuous human rights abuses among the Syrian population during negotiations. The Constitutional Committee can still help build bridges, but this requires redressing the balance of forces on the battlefield first. A joint Turkish-European military humanitarian intervention in northwestern Syria can serve this purpose and revitalize efforts to negotiate a (late) solution to the war.
Topic:
Diplomacy, Constitution, Humanitarian Intervention, Syrian War, and Negotiation
Political Geography:
Russia, Middle East, and Syria

5. Federal Iraq and Unitary Afghanistan: A comparative analysis of plural societies

Author:
Dayyab Gillani
Publication Date:
07-2020
Content Type:
Journal Article
Journal:
Journal of Political Studies
Institution:
Department of Political Science, University of the Punjab
Abstract:
This paper analyzes the ongoing democratization process in Iraq and Afghanistan. It examines the political institutions established in both countries by using the comparative method of analysis. The paper shows that both Iraq and Afghanistan are primarily plural societies and are divided along sectarian and ethnic lines. Drawing from the academic literature, the paper proposes that consociational democracy is the best democratic alternative for plural/divided societies. The paper mainly argues that even though Iraq and Afghanistan share somewhat similar demographic characteristics, their newly installed democratic institutions reveal a sharp contrast. It investigates the reasons for this dissimilar choice of political institutions and proposes that the democratic institutions in both the countries must be formulated in line with the principles of consociational democracy.
Topic:
Democratization, Democracy, Constitution, and Pluralism
Political Geography:
Afghanistan, Iraq, and Middle East

6. The Proposed Changes to Judicial Oversight of Government Powers: Justified Measures or an Erosion of Democracy?

Author:
Pnina Sharvit Baruch
Publication Date:
05-2019
Content Type:
Working Paper
Institution:
Institute for National Security Studies (INSS)
Abstract:
Amid the coalition negotiations underway in Israel there is a heated debate over various proposals regarding significant changes to the legal oversight of governmental and parliamentary work. Remarkable throughout the debate of these proposals is the lack of regard to their impact on the preservation and promotion of the character of Israel as a Jewish and democratic state, and instead, there is a worrisome focus on political and personal motives. Against this background, it is possible to propose several recommendations. First, in the current debate, the Court is accused of "stealing democracy" and of being a political institution with a blatantly left wing agenda. This incorrect premise, which undermines the ability to conduct a public debate in constructive fashion and erodes the legitimacy of the Court and the public's faith in the Court, must be reversed. Second, there is room for discussion on appropriate constitutional changes. Democratic countries around the world have differing successful constitutional structures, and there is no "one right answer." Yet any future change must be carried out through a focused discussion that incorporates all relevant parties, including politicians, judges, and academics with expertise in the field. Finally, whatever the eventual constitutional changes, they must not undermine the basic principles of the separation of powers, the rule of law, and the power of the Court to practice effective oversight of the government. These are essential building blocks for proper democratic rule.
Topic:
Governance, Democracy, Constitution, and Secularism
Political Geography:
Middle East and Israel

7. From coup to constitution: The impact of Turkey’s attempted coup on the constitutional referendum – a series on Turkish constitutionalism, part 2

Author:
Mason Hill
Publication Date:
01-2018
Content Type:
Journal Article
Journal:
Harvard Journal of Middle Eastern Politics and Policy
Institution:
The John F. Kennedy School of Government at Harvard University
Abstract:
This is the second in a three part series on Turkish constitutionalism one year after the 2017 constitutional referendum. At Erdoğan’s election in 2002, he appeared to be the latest in a line of populists elected to office. Initially, his success seemed the result of an ability as an Islamist to appease the concerns of the secular establishment. This was bolstered by his stated commitment to Turkey’s accession to the European Union. While in the 1990s Islamist reformers failed to pass institutional reforms aimed at decreasing military control of Turkish politics, the military allowed Erdoğan the space to pursue institutional reform that would enhance Turkey’s chances of becoming a member of the European Union. This attempt by the Justice and Development Party (AKP) to reimagine Turkish democracy for the 21st century took the form of a general push for constitutional reform.
Topic:
Politics, Governance, Law, Elections, Constitution, Recep Tayyip Erdoğan, and Coup
Political Geography:
Turkey and Middle East

8. Remembering 1962: The Turkish constitutional referendum in context a series on Turkish constitutionalism, part 1

Author:
Mason Hill
Publication Date:
01-2018
Content Type:
Journal Article
Journal:
Harvard Journal of Middle Eastern Politics and Policy
Institution:
The John F. Kennedy School of Government at Harvard University
Abstract:
This is the first in a three part series on Turkish constitutionalism one year after the 2017 constitutional referendum. Constitutions are nations’ mission statements, and articulate pre-political commitments that turn residents into citizens, and borders into a nation. In Turkey, generations of political leaders have used constitutional reform as an opportunity to set their political agenda and highlight their priorities. The 2017 referendum must be understood in the context of a democracy where voters have experienced successive constitutional reforms aimed at complementing the mission each new generation of leaders gives itself. A view of modern Turkish history reveals the tendency of leaders to use constitutional reform to address deficiencies in their respective administrations, and reflects the latent tension between populism, military intervention, and constitutional integrity.
Topic:
Politics, History, Law, Reform, and Constitution
Political Geography:
Europe, Turkey, and Middle East

9. Turkey’s constitutional referendum, one year later – a series on Turkish constitutionalism, part 3

Author:
Mason Hill
Publication Date:
01-2018
Content Type:
Journal Article
Journal:
Harvard Journal of Middle Eastern Politics and Policy
Institution:
The John F. Kennedy School of Government at Harvard University
Abstract:
This is the third in a three part series on Turkish constitutionalism one year after the 2017 constitutional referendum. the 2017 Constitutional Referendum have only entrenched that reality. Erdogan’s dominance in Turkish politics should not obscure the fact that the individual office holder rather than an ideologically-grounded bloc is now the fulcrum upon which Turkish politics shifts. The Justice and Development Party (AKP) that came to power promising reform, religious pluralism and market-friendly economic policies has become a vehicle for Erdoğan’s personal ambition. After the Gezi Park protests and amid allegations of his son’s corruption, Erdogan became an increasingly polarizing personality in Turkish politics who weighed down the AKP brand in the 2015 parliamentary elections. Yet Erdoğan’s popularity returned during the pivotal moment of the 2016 coup attempt, when he appeared in a live interview with a reporter via Facetime. By the time 2017 referendum campaign, Erdoğan personally rather than AKP parliamentarians was the medium around which responses were polarized. The extension of Erdoğan’s personal control over the levers of power was particularly apparent in the referendum’s changes to the structure of the legislative and judicial branches of the Turkish government, granting legal justification to Erdoğan’s de facto force of personality regime. Developments over the past year have made clear that Turks are increasingly casting votes for and against candidates rather than parties.
Topic:
Politics, Elections, Constitution, Recep Tayyip Erdoğan, and Coup
Political Geography:
Europe, Turkey, and Middle East

10. The Narrative of Political Islam: Constitutionalism and Human Rights

Author:
Nikola Gjorshoski
Publication Date:
06-2018
Content Type:
Journal Article
Journal:
Journal of Liberty and International Affairs
Institution:
Institute for Research and European Studies (IRES)
Abstract:
One of the essential postulates of political orientation and determination for the building of stable societies and a functioning political system in its content recognizes and imposes the need to examine the relation of relevant political actors to constitutionalism and human rights as concepts and preoccupations for any modern society. Also, constitutionalism and human rights and freedoms as its inseparable category manifest the political values and the corpus of essential and common political goals and commitments of a particular political community. Political Islam as an ideological political subject has its own sources and a valuable orientation framework through which prisms and perceptions can be interpreted or extracted by individual axiological determinants to certain issues. This paper analyzes exactly the relations of political Islam with constitutionalism and human rights, and similarly to the so-called framework it draws attention to the concepts of power, the mechanisms of control and compliance with the Sharia regulations. At the same time, the importance of human rights and freedoms in the Islamic narrative, their nature and scope, as well as the differences with the western established documents in this area are emphasized and analyzed.
Topic:
Government, Human Rights, Islam, Constitution, and Sharia
Political Geography:
Middle East, North Africa, and Global Focus