Guidance Note of the Secretary-General: United Nations Assistance to Constitution-making Processes

This note provides the guiding principles and framework for UN engagement in constitution-making processes. For the United Nations, constitution-making is a broad concept that covers the process of drafting and substance of a new constitution, or reforms of an existing constitution. Both process and substance are critical for the success of constitution-making. The note sets out a policy framework for UN assistance to constitution-making processes derived from lessons learned from constitution-making experiences and from UN engagement in these processes. It is informed by the Guidance Note of the Secretary-General on United Nations Approach to Rule of Law Assistance. It outlines the components of a constitution-making process and identifies the expertise the UN will require to provide effective assistance. The note emphasizes that UN assistance, when requested by national authorities, should be designed to contribute toward inclusive, participatory and transparent processes, and should be based on applicable international norms and standards, as well as best practices. UN assistance will need to include options and advice tailored to the specific country context and should recognize constitution-making as a sovereign national process, which, to be legitimate and successful, must be nationally owned and led. Attached to the note is an example of a timeline of events that illustrates the complexity and sequencing of participatory processes