A/HRC/30/42 procedure, whereby an individual can challenge the infringement of his or her rights by any public act or omission. 7. Adopting a new constitution 74. Many countries are tempted to adopt a new constitution immediately after a transition. Some countries have succeeded in such an effort, including Spain in 1978 and, more recently, Kenya in 2010 and Tunisia in 2014, in a display of maturity and self-restraint on the part of Assembly members that did the country proud. There can hardly be a more powerful way to mark a line between the present and the past and to introduce guarantees and protections that were missing or ineffective before. Provided the country can complete the constitution-making exercise and that the new provisions are in fact observed, a new constitution enshrining a bill of rights and principles of governance is likely to be the central part of a non -recurrence policy. 75. However, constitutions are, regretfully, more often breached than observed. It might be that engaging in the far-reaching “existential” questions characteristic of constitutional debates proves to be a distraction in the early days of a transition, in a context in which State institutions might be required to urgently establish their capacity to meet more immediate needs. The first phase of a transition might not be the most conducive context for guaranteeing that the constitution will indeed be inclusive enough; it may be that political actors are insufficiently representative or that, in the absence of previous opportunities in countries lacking the required political traditions, actors at the table on the cusp of the transition are insufficiently versed in the complicated type of judgement that is called for if a sufficiently inclusive, sustainable constitution is to be articulated. Some of these factors might invite participants in constitutional debates to adopt a zero-sum attitude thinking that this is their (only) chance. All of these elements put obstacles in the process expected to produce a foundation that is good for all and for a long time. 76. Therefore, it may be advisable for countries to expand their repertoire of options for constitutional reform to include, for instance, the adoption of transitional or interim constitutional arrangements, as South Africa did, or incremental processes of constitutional renewal, as in Hungary and Poland after 1989. 47 More gradual processes of constitution-making are likely to lower the stakes for all stakeholders. This might open the possibility of achieving a greater degree of consensus over issues of critical importance. V. Societal interventions 77. Prevention is not merely a matter of making changes in texts; prevention calls for changes in practice. Hence, legal reforms need to be accompanied by initiatives that can change “factor endowments”, including available resources and, importantly, human capacity. 78. Most discussions of guarantees of non-recurrence have focused on the reform of official State institutions. However, in contexts of past mass violations, State institutions are often weak, inefficient and/or corrupt. Even if they are honest and relatively competent, they may have very limited reach, as in some countries the majority of conflicts are settled through informal mechanisms. 47 18 See Vicki C. Jackson, “What's in a Name? Reflections on Timing, Naming and ConstitutionMaking”, Willliam and Mary Law Review, vol. 49, iss. 4 (2008).