Professional Documents
Culture Documents
Peace Agreements TAIF OHRID Analysis
Peace Agreements TAIF OHRID Analysis
AGREEMENTS
Briefing Paper
March 2013
TABLE OF CONTENTS
Statement of Purpose
Introduction
Conclusion
Immigration and Refugee Board of Canada, Macedonia: Implementation of the Framework Ohrid Agreement (July
2003), available at http://www.irb-cisr.gc.ca:8080/RIR_RDI/RIR_RDI.aspx?l=e&id=432064.
2
Framework (Ohrid) Agreement, Annex A, Preamble (Macedonia, 2001), available at
http://faq.macedonia.org/politics/framework_agreement.pdf.
3
Framework (Ohrid) Agreement, Annex A, Preamble (Macedonia, 2001), available at
http://faq.macedonia.org/politics/framework_agreement.pdf.
Macedonia Adopts New Constitution, BBC NEWS, Nov. 16, 2001, available at
http://news.bbc.co.uk/2/hi/europe/1659132.stm.
13
Framework (Ohrid) Agreement, 8.1 (Macedonia, 2001), available at http://makstack.com/2011/08/04/ohridframework-agreement/.
14
Ulf Brunnbauer, The Implementation of the Ohrid Agreement: Ethnic Macedonian Resentments, Journal on
Ethnopolitics and Minority Issues in Europe, 7 (2002), available at
http://www.ecmi.de/fileadmin/downloads/publications/JEMIE/2002/nr1/Focus1-2002Brunnbauer.pdf.
15
Miki Trajkovski, Ohrid Agreement Faces Criticism, 11 Years Later, SOUTHEAST EUROPEAN TIMES, Aug. 22,
2012, available at http://setimes.com/cocoon/setimes/xhtml/en_GB/features/setimes/features/2012/08/22/feature-03.
16
Miki Trajkovski, Ohrid Agreement Faces Criticism, 11 Years Later, SOUTHEAST EUROPEAN TIMES, Aug. 22,
2012, available at http://setimes.com/cocoon/setimes/xhtml/en_GB/features/setimes/features/2012/08/22/feature-03.
17
Republic of Ireland, Department of Foreign Affairs and Trade, The Good Friday Agreement (Mar. 25, 2011),
available at http://www.dfa.ie/home/index.aspx?id=335.
18
Northern Ireland Access Research Knowledge,, The 1998 Referendums (last accessed Jan. 30, 2013), available at
http://www.ark.ac.uk/elections/fref98.htm.
19
Northern Ireland Access Research Knowledge, The 1998 Referendums (last accessed Jan. 30, 2013), available at
http://www.ark.ac.uk/elections/fref98.htm.
20
Northern Ireland Access Research Knowledge, The 1998 Referendums (last accessed Jan. 30, 2013), available at
http://www.ark.ac.uk/elections/fref98.htm.
21
Good Friday Agreement (Ireland and United Kingdom, 1998) available at
http://www.dfa.ie/uploads/documents/Anglo-Irish/agreement.pdf.
22
Good Friday Agreement (Ireland and United Kingdom, 1998) available at
http://www.dfa.ie/uploads/documents/Anglo-Irish/agreement.pdf.
23
Good Friday Agreement (Ireland and United Kingdom, 1998) available at
http://www.dfa.ie/uploads/documents/Anglo-Irish/agreement.pdf.
24
Good Friday Agreement (Ireland and United Kingdom, 1998) available at
http://www.dfa.ie/uploads/documents/Anglo-Irish/agreement.pdf.
25
Good Friday Agreement (Ireland and United Kingdom, 1998) available at
http://www.dfa.ie/uploads/documents/Anglo-Irish/agreement.pdf.
26
BBC, The Good Friday Agreement: Constitutional Issues (last accessed Jan. 30, 2013), available at
http://www.bbc.co.uk/northernireland/schools/agreement/constitutional/constitutional1.shtml.
United Nations, Cambodia UNTAC: Background (last accessed Jan. 16, 2013), available at
http://www.un.org/en/peacekeeping/missions/past/untacbackgr2.html.
36
United Nations, Cambodia UNTAC: Background (last accessed Jan. 16, 2013), available at
http://www.un.org/en/peacekeeping/missions/past/untacbackgr2.html.
37
Constitutional Council of Cambodia, Background (last accessed Jan. 16, 2013), available at
http://www.ccc.gov.kh/english/history.php.
38
Janine Natalya Clark, Between Theory and Practice: Conflict Resolution in Rwanda, 2 (2011), available at
http://www.ethnopolitics.org/isa/Clark.pdf.
39
Janine Natalya Clark, Between Theory and Practice: Conflict Resolution in Rwanda, 2 (2011), available at
http://www.ethnopolitics.org/isa/Clark.pdf.
40
Janine Natalya Clark, Between Theory and Practice: Conflict Resolution in Rwanda, 8 (2011), available at
http://www.ethnopolitics.org/isa/Clark.pdf.
41
Janine Natalya Clark, Between Theory and Practice: Conflict Resolution in Rwanda, 17 (2011), available at
http://www.ethnopolitics.org/isa/Clark.pdf.
Articles of the Constitution with provisions from the Agreement including those
Articles that deal with the structure of government.42 Moreover, the Peace
Agreement asserts that its provisions will prevail if there is conflict between the
Agreement and the Constitution.43 Fundamental principles in the Agreement
include repatriation and resettlement of refugees and internally displaced persons,
national unity which discourages discrimination along ethnic lines, and power
sharing.44 Additionally, Chapter IV, Article 24(B) of the Agreement calls for a
legal and constitutional commission charged with drafting a constitution that will
govern after a transitional period.45
Due to the violence that ensued after the Agreement was signed,
constitutional reform did not take place until 1995, when Rwanda adopted a new
Constitution, approved by 55 out of 57 National Assembly members.46 This
Constitution did include the entire Arusha Peace Agreement, along with selected
provisions from the previous 1991 Constitution.47 In 2000, a constitutional
drafting committee began a process to reform the Constitution to include more
citizen participation.48 These efforts culminated in the adoption of a draft
constitution in 2003 by referendum after the end of Rwandas transitional period
following the conflict.49 The constitutional referendum results from May 26, 2003
showed a remarkable 93% approval from Rwandan citizens.50
Taif Agreement Lebanon, 1989
The Taif Agreement was adopted by the Lebanese Parliament on November
4, 1989.51 It was intended to bring an end to civil war in Lebanon between
42
Christian Maronites and Muslims, to expel Israeli forces from southern Lebanon,
and to legitimize (temporary) Syrian occupation throughout Lebanon as necessary
to establish stability and security.52 The Taif Agreement called for significant
constitutional changes, including a transfer of some power from the President to
the Prime Minister and the Chairman of the National Assembly to reinforce
balance and cooperation in government, the exercise of executive power by a
Council of Christian and Muslim ministers, and an increase in National Assembly
seats to be divided among Christians and Muslims.53 Indeed, the aim of the
Agreement was to change the dominant position of Christian Maronites in the
government system in order to include equal participation of Christians and
Muslims in the Cabinet.54 In particular, the Agreement amended the Constitution
to provide that the executive power shall be entrusted to the Council of Ministers
in place of the wording that the executive power shall be entrusted to the
President . . . assisted by the Ministers.55 However, the assignment of key posts
remained split among the major religious groups.56 The office of President of the
Republic is held by a Maronite Christian, the Prime Minister is a Sunni Muslim,
and the position of Chairman of the National Assembly is occupied by a Shia
Muslim.57
The Taif Agreement proposed 31 constitutional amendments in total, which
were approved and incorporated into the Lebanese Constitution in 1990.58 Most
significantly, the Taif Agreement fundamentally altered the political system,
providing for a national goal to end confessionalism, a mix of religion and politics,
without identifying a deadline for doing so.59 The constitutional changes taken
from the Taif Agreement constitute the last amendments made to the Lebanese
52
Constitution.60 In 2008, the major Lebanese political parties instituted the Doha
Agreement, providing that the Lebanese Government will make no major decisions
without the consent of all major religious communities in the state.61
However, the provisions of the Taif Agreement relating to the occupation of
Syrian troops, which had been in Lebanon since its first civil war in 1976, proved
more difficult to enforce. The Taif Agreement provided that Syrian troops would
remain deployed across Lebanon for two years after the election of the president,
the creation of a new government, and the implementation of the required
constitutional reforms, and thereafter would be redeployed only in the Al-Biqa
region of Lebanon.62 However, Syrian troops remained in Lebanon until 2005. In
2004, the United Nations Security Council passed Resolution 1559 (supported
primarily by the United States and France), which called for all remaining foreign
forces to withdraw from Lebanon.63 After the assassination of former Lebanese
Prime Minister Rafik Hariri, who had opposed Syrian occupation, in 2005, Syria
finally withdrew from Lebanon under intense international pressure.64
Conclusion
The Framework (Ohrid) Agreement in Macedonia, the Good Friday
Agreement in Northern Ireland, the Paris Conference Agreement in Cambodia, the
Arusha Peace Agreement in Rwanda, and the Taif Agreement in Lebanon
demonstrate efforts in conflict resolution that incorporate constitutional change in a
variety of ways. The Paris Conference Agreement provided for a Constituent
Assembly to draft a new constitution while the Arusha Peace Agreement
maintained that its provisions prevailed in the case of conflict with the current
constitution. The Ohrid Agreement, the Good Friday Agreement, and the Taif
Agreement made specific constitutional changes and amendments. While each of
these Agreements was designed to address a unique conflict and provisions of
some Agreements endured longer than others, the drafters in each situation
concluded constitutional reform was an essential component of the peace process.
60
Library of Congress, Lebanon: Constitutional Law and Political Rights of Religious Communities (Aug. 7, 2012),
available at http://www.loc.gov/law/help/lebanon-constitutional-law.php.
61
Library of Congress, Lebanon: Constitutional Law and Political Rights of Religious Communities (Aug. 7, 2012) ,
available at http://www.loc.gov/law/help/lebanon-constitutional-law.php.
62
Taif Agreement (Lebanon, Nov. 4, 1989), available at http://www.al-bab.com/arab/docs/lebanon/taif.htm.
63
Security Council Resolution 1559, para. 2, U.N. Doc. S/RES/1559, Sept. 2, 2004, available at
http://www.un.org/ga/search/view_doc.asp?symbol=S/RES/1559(2004).
64
Taif Agreement (Lebanon, Nov. 4, 1989), available at http://www.al-bab.com/arab/docs/lebanon/taif.htm.
64
Syrias Influence in Lebanon, PBS NEWSHOUR, Sept. 14, 2006, available at
http://www.pbs.org/newshour/indepth_coverage/middle_east/syria/presence.html.