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Iraq

Iraq Programs: Promoting the Rule of Law

Constitution Making

At the dawn of the twenty-first century, nations of virtually every region of the world recognize the role of constitutionalism in their own political and legal systems. The recent and dramatic increase in the number of new and transitional nations adopting democratic constitutions attests to the significance of constitution making to democracy, national reconciliation, and political development. Research has shown that this is a crucial process in outlining the vision of a new society, defining the fundamental principles by which the country will be reorganized, and redistributing power within the country.

Building on USIP's two-year project on postconflict constitution-making processes, which has derived lessons and assembled a network of experts on the constitution-making processes of eighteen countries, USIP's Rule of Law program seeks to assist the Iraqi interim government and Iraqi civil society groups in the design and implementation of the program for development and adoption of the new constitution.


 
Rule of Law Promotion

Through selected grants to nongovernmental and educational organizations in Iraq, USIP seeks to help promote the rule of law and to account for past human rights abuses in Iraq. Specifically, funding will be available to improve the capacity of civil society organizations focusing on rule of law issues; for educating key sectors of Iraqi society and the broader public about complex rule of law issues; for activities promoting development of and public understanding about a constitution for Iraq; and for activities addressing war crimes and other past human rights abuses through judicial and other processes.

A Look at Selected Grant Projects Supported by USIP:

Iraqi Civil Education and Engagement Initiative – A pilot project in Iraq to: (1) educate women about issues relating to the development of a new Iraqi constitution and the transformation of Iraq from a dictatorship to a democracy; (2) raise the awareness of Iraqi women about their rights and interests; and (3) help women gain self-confidence to act as leaders in the political sphere.

Iraq Jurist Association – A project to convene a four-day, intercommunal reconciliation workshop in Baghdad, bringing together 40-50 Iraqi political scientists, sociologists, legal experts, and economists representing a cross-section of Iraqi society. The workshop will explore ways of engendering social reconciliation in Iraq, especially among the country's various ethnic and communal groups, as part of the process of promoting sustainable democracy, creating a human rights culture, and reconstructing the trust of citizens in state institutions within the larger context of transitional justice. Designed to identify problems and propose practical measures, the project will result in a working paper that will be disseminated broadly and form the basis of follow up initiatives. The Iraq Jurist Association, the largest association of Iraqi attorneys and jurists outside of Iraq, has offices in Baghdad and maintains relations with professional and other civil-society organizations throughout Iraq.

American Association for the Advancement of Science – A grant to support a conference for researchers and practitioners working from different disciplinary perspectives to share their knowledge about how divided societies have addressed societal trauma and the search for justice and reconciliation. The conference will focus on societies that have experienced political transitions following severe repression, communal violence, and widespread human rights violations as well as societies that have relied on different transitional justice mechanisms and processes—such as truth and reconciliation commissions, war crimes tribunals, lustration programs and purges, compensation schemes, memorials, and educational programs—to seek justice and foster reconciliation. Participants in the conference will explore common understandings on these issues in the psychological, legal, and social science fields with a focus on identifying new research priorities and improved practical interventions. Participants will include researchers and practitioners from Iraq, Northern Ireland, Lebanon, South Africa, Ghana, Chile, Croatia, France, Argentina, and the United States.

Research Project on Human Rights and Legal Accountability – A project to examine the domestic indictments and prosecutions of heads of state who are responsible for human rights abuses or corruption, as a means of probing the relationship between criminal trials and justice in politically charged cases. Based on 30 indictments of heads of state by domestic courts since 1990 and field research on cases from Peru, the Philippines, Zambia, and across Europe, this study will explore four central questions: (1) What motivates states to criminally try heads of state? (2) Do such trials serve the interests of justice? (3) Do states treat human rights and financial crimes even-handedly? (4) What is the relationship between criminal accountability and future long-term social stability and the protection of human rights? The project will result in a book that will include historical case studies and analysis of criminal trials as a way of promoting the rule of law and achieving accountability for past human rights abuses in places like Liberia and Iraq.


 

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