International Foundation for Electoral Systems Constitution or other Founding Document What is the purpose of a constitution? A constitution establishes a country’s innate characteristics and sovereignty, and outlines the rights and responsibilities of its citizens. Ideally, it guarantees basic human rights of the people, defines the system of governance, the legislative, executive and judicial branches (and their separation), and the obligations and duties of each element of government. Who drafts a constitution? The basic structure of a country can change in many ways – through evolution, revolution, coup d’état, division, conquest, or by a number of independent countries coming together by agreement. In these instances, either an existing constitution will apply or a new constitution or founding document will be developed to govern the new or changed country. The drafting of a constitution may be initiated by a de facto government, a temporary governor, an intervening country or group of countries or, most commonly following conflict, by a body such as the United Nations (UN). Frequently, the UN or a group of countries proposes financial aid and peacekeeping assistance on the condition that democratic institutions are established or reestablished, and the first step is often the development of a new constitution. A drafting group may be an elected assembly or a committee of elders, politicians, respected citizens or experts, including international participants. A New Constitution in Kosovo Kosovo declared independence from Serbia in February 2008 after several years of conflict, unrest, and administration by the United Nations. This followed 17 rounds of negotiations between Serbian and Kosovar officials, led by United Nations Special Envoy Martti Ahtisaari, who proposed a plan that included the adoption of a new constitution within 120 days after a declaration of independence. A Constitutional Commission was established, composed of 21 Kosovo members, 15 appointed by the President of Kosovo, three by the Assembly holding seats reserved for minorities especially Serbs, and three members of other minority communities also appointed by the Assembly. By the end of 2007, the Commission produced a draft constitution, directly derived from the Ahtisaari plan. Sections of the constitution were published for input, while a mix of national and international experts helped with review. After the Declaration of Independence, the constitution was published for public comment, garnering more than 1,000 comments from the public. The Commission also held public hearings on the draft. The final draft was completed in April 2008 and was adopted in June 2008. In Iraq, a National Assembly was elected for this purpose. The assembly prepared a draft with UN advice, which was then adopted by a national referendum, and a Council of Representatives was subsequently elected. In Timor-Leste, following a referendum on independence from Indonesia in 1999, a Constituent Assembly was elected in 2001 specifically to draft a new constitution for the country. This process was supported by the UN and backed by an international peacekeeping force, and Timor-Leste’s first-ever constitution went into effect in 2002. However, the process of developing a new constitution is often the subject of political controversy and disruption. In Libya, a Constituent Assembly of 60 4