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The Venice Commission is willing to help to build a democratic Iraq

Following revision of its Statute, the European Commission for Democracy through Law ("Venice Commission") is preparing to take in non-European countries as full members. This has been announced by Antonio La Pergola in an interview in Strasbourg on 30 April. The President of the Commission also emphasised that the Commission had expressed its willingness to help to build a democratic Iraq.

Interview (02.05.2003)

Question: Mr La Pergola, it is in your capacity as President of the European Commission for Democracy through Law, better known as the Venice Commission, that you have come to present your annual report to the Committee of Ministers of the Council of Europe. What was the outstanding event of 2002?

Antonio La Pergola: The most striking event in my opinion was the introduction of the possibility of accession to the Venice Commission for new members from non-European countries, thanks to the revision of our Statute. In fact, some non-European countries are already observers on the Commission. Our revised Statute makes it possible for them to become full members if they agree to contribute to our budget. Israel, Kyrgyzstan, the Republic of Korea, Mexico and Canada have already shown their interest for full membership at some point.

Question: When do you expect the first non-European countries to join?

Antonio La Pergola: I am unable to say exactly when, but two of the countries I have mentioned have submitted their request for accession. The answer depends on the Committee of Ministers, and will be based on political criteria. It is not only countries which may join. It is now possible for the European Union to join, and we hope that we will be able to welcome it as a member, for we work with it in many fields, and it has already helped us with many initiatives.

Question: Leaving aside this possible enlargement of the Venice Commission, what have been your main activities?

Antonio La Pergola: We are discussing the future role of the Commission. The pioneering era, the period of the writing of constitutions, is coming to an end. That period followed the disappearance of the Iron Curtain, when we gave our assistance with the introduction of new constitutions in central and eastern Europe. That does not mean that our work on constitutional issues is finished. We now offer our help to countries such as Georgia, Moldova, Serbia and Montenegro or Ukraine and which are revising their constitutions. We also play a very active role in south-eastern Europe, in Bosnia and Herzegovina, for instance, where we have helped to establish the rule of law in an effective judicial system. In short, once we have helped countries to draw up their constitutions, we assist them with their implementation and development. Our activity has also been developed in another direction, that of working for peace, which we had been doing through constitutions. We should like to help to build peace before any conflict begins, rather than doing so post-war.

Question: You mentioned the word “war”: is it true that you are working on a draft constitution for Chechnya?

Antonio La Pergola: It is. We have given our opinion of a draft constitution for Chechnya within the framework of the Russian Federation. The Russian federal model is very different from our west European model. In any case, this draft constitution was very interesting to read and to comment on. The most important thing is that this draft does not ignore European standards, standards which cannot be applied without some difficulties. We are there to help to smooth over these difficulties.

Question : You are also working to prepare a “Code of good practice in electoral matters”. Is there a particular need for such a code?

Antonio La Pergola: There certainly is. How can full and sincere democracy exist unless there are free and transparent elections? How can elections be sincere if the principles are not known? Europe observes elections, but Europe must also, first of all, help those countries which are holding their first ever elections to do so properly and in conformity with the rules. Our code will not be binding, but will be more of a guide to good practice, which it would be a good idea to comply with if countries wish to be recognised as true and respectable democracies.

Question: You have been asked about possible participation by the Venice Commission in the rebuilding of a democratic Iraq. What reply do you give?

Antonio La Pergola: The first thing to say is that a request has to be made to start with. If one has been made, and if we can respond, we shall do so. In the light of our experience in a wide range of circumstances, we would be able to do so, even if the case of Iraq is a very particular one. Iraq is a country which has never known democracy. So how is democracy to be established in the first place? How is religious fundamentalism to be dealt with? How are the seeds of a secular state to be sown? These are all problems which arise in Iraq. It would be a completely new kind of case for us. To what extent could we suggest European standards in this context, and is Iraq ready to accept these now, or will it be one day in the future? These are the questions we shall have to ask ourselves.