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CONSTITUTIONAL ELEMENTS IN PEACE

AGREEMENTS





Briefing Paper




March 2013






CONSTITUTIONAL ELEMENTS IN PEACE AGREEMENTS

Executive Summary

The purpose of this briefing paper is to provide examples of post-conflict
peace agreements that incorporate constitutional change.

States emerging from conflict situations often implement constitutional
reforms. Some states provide for these reforms in the texts of the peace
agreements signed to put an end to conflict. The constitutional elements in peace
agreements range from the adoption of constitutional amendments to the
determination of processes for drafting an entirely new constitution. The examples
of 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
how constitutional elements in peace agreements are tailored to address different
conflict situations.

The 2001 Ohrid Agreement in Macedonia was put in place to end conflict
between the Albanian National Liberation Army and the Macedonian government
security forces. The Agreement provided for constitutional amendments with
terms more inclusive of Albanians and the expression of religious freedom.
Although Macedonia formally adopted the amendments, the Agreement still faces
criticism. Macedonians argue the Agreement favors the Albanian population while
Albanians claim it is not inclusive enough.

Like the Ohrid Agreement, the 1998 Good Friday Agreement in Northern
Ireland included constitutional amendments. These constitutional changes
committed Unionists and Nationalists to solve the conflict in Northern Ireland
through democratic processes. Referenda held in both the Republic of Ireland and
Northern Ireland (which remained part of the United Kingdom) resulted in
overwhelming popular approval of the Agreement.

In 1991, the Paris Conference Agreement ended Cambodias history of
international isolation and internal conflict. While the Agreement provided no
specific constitutional amendments, it charged a Constituent Assembly with the
drafting of a new constitution. It also identified principles of human rights and free
and fair elections to be included in the new constitution. In 1993, the Constituent
Assembly adopted a new constitution consistent with the Agreement.

Rwandas 1993 Arusha Peace Agreement and Lebanons 1989 Taif
Agreement incorporated constitutional amendments. The Arusha Peace
Agreement sought to end the ethnic tensions between the states two major ethnic
groups, the Hutus and the Tutsis. The constitutional reforms in the Agreement
addressed the structure of government and discouraged discrimination along ethnic
lines. While Rwanda incorporated the entire Agreement into the Constitution in
1995, the Agreement did not prevent mass violence from breaking out in the state
in 1994. The Taif Agreements constitutional reforms also provided for changes in
the structure of government and mandated that both Muslims and Christians
occupy government positions. It was signed in an effort to end a civil war between
between Christian Maronites and Muslims. However, some of these constitutional
changes were not given a timeframe in which they were to be completed. The Taif
Agreement provided for the last changes made to the Lebanese Constitution.

The 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 used different
constitutional elements to address unique conflict situations. These case studies
illustrate the different ways that constitutional reform can be incorporated as an
essential element of the peace process.



















TABLE OF CONTENTS

Statement of Purpose 1

Introduction 1

Framework (Ohrid) Agreement Macedonia, 2001 1

Good Friday Agreement Northern Ireland, 1998 3

Paris Conference Agreement on a Comprehensive Political Settlement of the
Cambodia Conflict Cambodia, 1991 5

Arusha Peace Agreement Rwanda, 1993 6

Taif Agreement Lebanon, 1989 7

Conclusion 9




















1
CONSTITUTIONAL ELEMENTS IN PEACE AGREEMENTS

Statement of Purpose

The purpose of this briefing paper is to provide examples of states post-
conflict peace agreements that incorporate constitutional change.

Introduction

As part of peace negotiations, states emerging from violent conflict often
adopt new constitutions, constitutional amendments, constitutional principles, or
structured plans for drafting a new constitution. These constitutional elements
serve many purposes, such as confirming post-conflict power-sharing
arrangements, creating new governmental institutions, and ensuring equal
representation and treatment among ethnic groups. However, the constitutional
elements adopted as part of the peace agreement are not always implemented in the
constitution after the conclusion of the agreement as originally adopted, and
sometimes require further negotiation among the parties. In some cases, states are
unable to agree on further amendments without political deadlock and/or
prolonged dissatisfaction by the parties. The comparative state practice of 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 illustrate some of the
successes and difficulties faced by states in attempting to adopt new constitutional
elements as part of peace agreements.

Framework (Ohrid) Agreement Macedonia, 2001

The Ohrid Agreement, signed August 13, 2001, aimed to end hostilities
between the Albanian National Liberation Army and the Macedonian government
security forces in Macedonia.
1
Annex A to the Agreement provides amendments
to the Macedonian Constitution.
2
The Agreement declares that the Preamble of the
Constitution should refer to the citizens of the Republic of Macedonia, instead of
listing out ethnicities.
3
Terms in the Constitution referring to minorities as

1
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.
2
nationalities were changed to refer to communities.
4
Finally, the Agreement
provides that freedom of religion will be provided for the Macedonian Orthodox
Church, the Islamic Religious Community in Macedonia, the Catholic Church, and
other Religious communities and groups,
5
rather than the Macedonian Orthodox
Church and other religious communities and groups.
6


Most of the constitutional amendments set forth in the Agreement, including
the references to communities, rather nationalities, were incorporated into the
Constitution.
7
However, Macedonian parties objected to the new wording of the
Preamble after the signing of the Agreement, arguing that the removal of the
reference to the Macedonian people ignores the historical development of the
Macedonian state.
8
With the help of the NATO Secretary General and the EU
High Representative for Common Foreign and Security Policy, the Macedonian
and Albanian parties negotiated and passed a new Preamble in November of 2001,
referencing the citizens of the Republic of Macedonia, the Macedonian people, as
well as those citizens who live within the borders of the Republic of Macedonia
and are members of the Albanian people, the Turkish people, the Vlach people, the
Serbian people, the Roma people and of other peoples (emphasis added).
9

Similarly, the Macedonian Orthodox Church objected to the fact that the
amendment on religious freedom in the Agreement gave Islamism and Catholicism
a status equal to that of the Orthodox Church.
10
The parties therefore negotiated to
add the words as well as between the Macedonian Orthodox Church and the
Islamic Religious Community.
11
The Macedonian Parliament ratified the new

4
Framework (Ohrid) Agreement, Annex A, art. 48 (Macedonia, 2001), available at
http://faq.macedonia.org/politics/framework_agreement.pdf.
5
Framework (Ohrid) Agreement, Annex A, art. 9 (Macedonia, 2001), available at
http://faq.macedonia.org/politics/framework_agreement.pdf.
6
MACEDONIA CONST. art. 19 (1992), available at http://www.servat.unibe.ch/icl/mk00000_.html.
7
MACEDONIA CONST. Am. VIII (2001), available at http://www.sobranie.mk/en/default-
en.asp?ItemID=9F7452BF44EE814B8DB897C1858B71FF.
8
Ulf Brunnbauer, The Implementation of the Ohrid Agreement: Ethnic Macedonian Resentments, Journal on
Ethnopolitics and Minority Issues in Europe, 11 (2002), available at
http://www.ecmi.de/fileadmin/downloads/publications/JEMIE/2002/nr1/Focus1-2002Brunnbauer.pdf.
9
MACEDONIA CONST. Am. VI (2001), available at http://www.sobranie.mk/en/default-
en.asp?ItemID=9F7452BF44EE814B8DB897C1858B71FF.
10
Ulf Brunnbauer, The Implementation of the Ohrid Agreement: Ethnic Macedonian Resentments, Journal on
Ethnopolitics and Minority Issues in Europe, 11 (2002), available at
http://www.ecmi.de/fileadmin/downloads/publications/JEMIE/2002/nr1/Focus1-2002Brunnbauer.pdf.
11
Ulf Brunnbauer, The Implementation of the Ohrid Agreement: Ethnic Macedonian Resentments, Journal on
Ethnopolitics and Minority Issues in Europe, 11 (2002), available at
http://www.ecmi.de/fileadmin/downloads/publications/JEMIE/2002/nr1/Focus1-2002Brunnbauer.pdf; MACEDONIA
CONST. Am. VII (2001), available at http://www.sobranie.mk/en/default-
en.asp?ItemID=9F7452BF44EE814B8DB897C1858B71FF.
3
Constitution after the amendments were approved by 94 deputies, with only 14
deputies opposing the reforms.
12


Given the extended negotiations regarding the wording of the constitutional
amendments, the adoption of the constitutional amendments took over two months;
longer than the 45 day timetable for passage provided in the Ohrid Agreement.
13

Nevertheless, strong international intervention and external monitoring ensured
that the relevant parties negotiated and passed the new amendments relatively
quickly after the signing of the Agreement.
14


Since its adoption in August 2001, the Ohrid Agreement has faced criticism
from both Albanians and Macedonians.
15
Albanians continue to argue the
Agreement is not inclusive enough and Macedonians maintain the Agreement
favors the Albanian population.
16


Good Friday Agreement Northern Ireland, 1998

The Good Friday Agreement, signed on April 10, 1998 by the governments
of the Republic of Ireland and Great Britain and the major political parties of
Northern Ireland, committed all parties to using democratic means to solve the
conflict in Northern Ireland between the Unionists (primarily Protestants who
identified with Great Britain) and the Nationalists (primarily Roman Catholics who
identified with the Republic of Ireland). The Agreement was popularly approved
by referenda held in the Republic of Ireland and Northern Ireland (which remained
part of the Great Britain) on May 22, 1998.
17
The questions on the ballots
concerning the Good Friday Agreement in Northern Ireland and the Republic were
phrased slightly differently. In Northern Ireland, the ballot asked [d]o you
support the Agreement reached at the multi-party talks on Northern Ireland and set

12
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/ohrid-
framework-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.
4
out in Command Paper 3883?
18
The Republics ballot read British-Irish
Agreement. Do you approve of the proposal to amend the Constitution contained in
the undermentioned Bill? Nineteenth Amendment of the Constitution Bill, 1998.
19

Of voters in Northern Ireland, 71.1% approved the Agreement; of voters in the
Republic of Ireland, 94.4% of voters approved the Agreement.
20


The Agreement provided for new institutions in three areas or strands.
21

The first strand created an assembly and executive in Northern Ireland based on
parity between Northern Irelands two main communities.
22
The second
established a North/South Ministerial Council to foster cooperation in Ireland.
23

The third created a British/Irish Council to encourage relationships between the
Republic of Ireland and all the devolved governments of the UK.
24
The Agreement
also included a section on constitutional issues, which pertained to the
constitutional posture of Northern Ireland as a part of the United Kingdom. It
provided that both Ireland and the UK would amend their constitutional language
to reflect this arrangement unless and until a majority of the citizens of Northern
Ireland vote to secede from the UK.
25


Though the UK does not have a codified Constitution, it amended its
constitutional language by repealing the Government of Ireland Act of 1920 and
replacing it with the Northern Ireland Act of 1998.
26
The UK Parliament passed
the Northern Ireland Act of 1998 implementing the constitutional arrangements in

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.
5
the Agreement.
27
The Republic of Ireland likewise implemented the Agreement by
passing the 19
th
Amendment to its Constitution in 1998.
28


The assembly and executive of the Good Friday Agreement existed until
2007.
29
The Irish Republican Army (IRA) ended its armed campaign in 2005. In
2006, the St. Andrews Agreement was created as a continuation of the Good
Friday Agreement, establishing commitment to support a power-sharing
government in Northern Ireland.
30
In 2007, the North/South Ministerial Council
was reinstated.
31


Paris Conference Agreement on a Comprehensive Political Settlement of the
Cambodia Conflict Cambodia, 1991

The Paris Conference Agreement, signed by Cambodia and 18 states on
October 23, 1991, ended decades of violent conflict and international isolation in
Cambodia.
32
The Paris Conference Agreement did not include a new constitution
for Cambodia, but Article 12 did provide that a constituent assembly would be
elected with the mandate of drafting a new Cambodian Constitution, before
transforming into a legislative assembly.
33
Moreover, Annex 5 details the
Principles for a New Constitution for Cambodia, including an independent
judiciary; the incorporation of human rights and fundamental freedoms consistent
with those provided for in the Universal Declaration of Human Rights; the
neutrality of the Cambodian state and the national unity of the Cambodian people;
and the creation of a liberal state with political pluralism and free and fair
elections.
34


27
Northern Ireland Act 1998 (United Kingdom, 1998), available at
http://www.legislation.gov.uk/ukpga/1998/47/body/enacted?view=plain.
28
IRELAND CONST. Am. 19 (1998), available at
http://www.taoiseach.gov.ie/attached_files/html%20files/Constitution%20of%20Ireland%20%28Eng%29Nov2004.
htm.
29
Department of Foreign Affairs and Trade, The Good Friday Agreement (last accessed Jan. 15, 2012), available at
http://www.dfa.ie/home/index.aspx?id=335.
30
Department of Foreign Affairs and Trade, The Good Friday Agreement (last accessed Jan. 15, 2012), available at
http://www.dfa.ie/home/index.aspx?id=335.
31
Department of Foreign Affairs and Trade, The Good Friday Agreement (last accessed Jan. 15, 2012), available at
http://www.dfa.ie/home/index.aspx?id=335.
32
United Nations, Cambodia UNAMIC: Background (last accessed Jan. 16, 2013), available at
http://www.un.org/en/peacekeeping/missions/past/unamicbackgr.html.
33
Paris Conference Agreement on a Comprehensive Political Settlement of the Cambodia Conflict, art. 12
(Cambodia, 1991), available at
http://www.usip.org/files/file/resources/collections/peace_agreements/agree_comppol_10231991.pdf.
34
Paris Conference Agreement on a Comprehensive Political Settlement of the Cambodia Conflict, Annex 5
(Cambodia, 1991), available at
http://www.usip.org/files/file/resources/collections/peace_agreements/agree_comppol_10231991.pdf.
6

After the Paris Conferences, the United Nations Transitional Authority in
Cambodia aided in implementation of many of the objectives of the Agreement,
specifically with regard to elections, the military, and other issues.
35
In 1993, the
Constituent Assembly adopted the new Constitution consistent with the principles
set forth in the Paris Conference Agreement. It was then transformed into a
Legislative Assembly, creating a new Cambodian Government as a constitutional
monarchy.
36
The Constitution has been amended five times since 1993, for the
following purposes: the delegation of power from the King to the Acting Head of
State (1994); the creation of the Senate (1999); the conferring of national medals
by the King (2001); and the amendment of quorum of the session and the
adopting vote of the National Assembly and the Senate (2005 and 2006).
37


Arusha Peace Agreement Rwanda, 1993

The 1993 Arusha Peace Agreement was an attempt to end the violent
conflict that began in Rwanda in October 1990 when the Rwandan Patriotic Front
(RPF), which was created in Uganda, attacked northern Rwanda.
38
The root of the
conflict stemmed from tensions between the two most prevalent ethnic groups in
the state, the Hutus and the Tutsis.
39
As violence increased over time, the RPF and
the Rwandan Government sent representatives to Arusha for negotiations, with
Tanzania acting as a mediator between the two.
40
Even though the Agreement
called for an end to the war between Government and the RPF, and provided for
the replacement of over 40 articles of the Constitution with provisions from the
Agreement, violence continued, ultimately culminating in genocide.
41


Although the Arusha Peace Agreement did not put an end to violence in
Rwanda, it was a sophisticated attempt at conflict resolution that included
constitutional change. Article 3 of the Agreement provides for replacing 47

35
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.
7
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
Arusha Peace Agreement (Rwanda, August 4, 1993), available at
http://www.incore.ulst.ac.uk/services/cds/agreements/pdf/rwan1.pdf.
43
Arusha Peace Agreement (Rwanda, August 4, 1993), available at
http://www.incore.ulst.ac.uk/services/cds/agreements/pdf/rwan1.pdf.
44
Official Website of the Government of Rwanda, The Arusha Peace Agreement (last accessed Jan. 30, 2013),
available at http://www.gov.rw/THE-ARUSHA-PEACE-AGREEMENT.
45
Arusha Peace Agreement (Rwanda, August 4, 1993), available at
http://www.incore.ulst.ac.uk/services/cds/agreements/pdf/rwan1.pdf.
46
Peace Accords Matrix, Constitutional Changes: Arusha Accord (last accessed Jan. 30, 2013), available at
https://peaceaccords.nd.edu/matrix/status/63/constitutional_changes.
47
Peace Accords Matrix, Constitutional Changes: Arusha Accord (last accessed Jan. 30, 2013), available at
https://peaceaccords.nd.edu/matrix/status/63/constitutional_changes.
48
Peace Accords Matrix, Constitutional Changes: Arusha Accord (last accessed Jan. 30, 2013), available at
https://peaceaccords.nd.edu/matrix/status/63/constitutional_changes.
49
Peace Accords Matrix, Constitutional Changes: Arusha Accord (last accessed Jan. 30, 2013), available at
https://peaceaccords.nd.edu/matrix/status/63/constitutional_changes.
50
Institute for Democracy and Electoral Assistance, Role of Constitution-Building Processes in Democratization
(2005) 18, available at http://www.idea.int/cbp/upload/CBP-Rwanda.pdf.
51
Taif Agreement (Lebanon, Nov. 4, 1989), available at http://www.al-bab.com/arab/docs/lebanon/taif.htm.
8
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
Syrias Influence in Lebanon, PBS NEWSHOUR, Sept. 14, 2006, available at
http://www.pbs.org/newshour/indepth_coverage/middle_east/syria/presence.html.
53
Institut MEDEA, Taif Agreement (last accessed Jan. 30, 2013), available at
http://www.medea.be/en/countries/kuwait/taif-agreement/; Hassan Krayan, The Lebanese Civil War and the Taif
Agreement, American University of Beirut (last accessed Jan. 30, 2013), available at
http://ddc.aub.edu.lb/projects/pspa/conflict-resolution.html.
54
Hassan Krayan, The Lebanese Civil War and the Taif Agreement, American University of Beirut, available at
http://ddc.aub.edu.lb/projects/pspa/conflict-resolution.html.
55
Hassan Krayan, The Lebanese Civil War and the Taif Agreement, American University of Beirut, available at
http://ddc.aub.edu.lb/projects/pspa/conflict-resolution.html.
56
Institut MEDEA, Taif Agreement (last accessed Jan. 30, 2013), available at
http://www.medea.be/en/countries/kuwait/taif-agreement/.
57
Institut MEDEA, Taif Agreement (last accessed Jan. 30, 2013), available at
http://www.medea.be/en/countries/kuwait/taif-agreement/.
58
Hassan Krayan, The Lebanese Civil War and the Taif Agreement, American University of Beirut, available at
http://ddc.aub.edu.lb/projects/pspa/conflict-resolution.html.
59
Hassan Krayan, The Lebanese Civil War and the Taif Agreement, American University of Beirut, available at
http://ddc.aub.edu.lb/projects/pspa/conflict-resolution.html.
9
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.