■ Drafting a Constitution

On a chilly, bright morning on 21 November 2011, 25 people from 20 different countries filed into a large, vaulted-ceilinged room at the Montjuïc Castle. This former military fortress and prison, now a space for the promotion of peace, would be theirs for the week. They were the successful applicants to the training course Constitution Building for Democracy, offered by the Constitution Building Programme of International IDEA in partnership with the Barcelona International Peace Resource Center.

Libya’s draft interim constitution, which is designed to guide the country through the coming period until a permanent constitution is finalized and enters into force, is a fairly standard text for the Arab region. It is at times progressive (it provides for a number of social rights, including social security; article 8), and intrusive at others (it requires the state to encourage marriage; article 5). It calls for the institution of a multi-party democracy (article 4), but refers a number of vital issues to future legislation, leaving open the possibility that non-democratic practices may develop (it provides that the conditions under which a warrant for phone tapping can be obtained, and that rules on the organization of political parties will be determined by law; articles 13 and 15 respectively).