Closing date: 16 Feb 2016
TERMS OF REFERENCE
“Support to the democratic constitution-drafting process in Libya”
Constitutional Expert to draft a Briefing Paper on Local Governance Related Provisions in the Libyan Draft Constitution, as released by the Constitution Drafting Assembly on 03 February 2016
Background
Democracy Reporting International (DRI) is a non-partisan, independent, not-for-profit organi-sation registered in Berlin. DRI promotes political participation of citizens, accountability of state bodies and the development of democratic institutions world-wide.
DRI is implementing the project “Support to the democratic constitution-drafting process in Libya” funded by the British Foreign Commonwealth Office and the Swiss Ministry of Foreign Affairs in the period from 01 June 2015 until 31 March 2016. The project is a continuation of DRI’s Libya program that goes back to 2012. The project aims at supporting the Constitution Drafting Assembly (CDA) by providing expertise in regard of both, the technical quality of the text as well as the processes for working towards consensus/compromise on the contentious chapters. It also includes the continuation of DRI’s work with Libyan Civil Society Organisations for fostering debate about the CDA’s work and public information on constitutional issues.
In the framework of this project, DRI intends to develop a series of briefing papers with the aim of assisting the debates and support the CDA and other Libyan stakeholders find ways to deal with challenges that are faced by the constitution-drafting process, thus facilitating the conclusion of a participatory and inclusive process. So far the constitutional draft has been relatively vague on de-centralisation issues. This will remain a massive challenge given the considerable regional conflicts affecting the country. In addition to the split between the country’s three historical territories (Cyrenaica-Burqa, Tripolitania-Tripoli and Fezzan), the issue of de-centralisation (often discussed under misleading label ‘federalism’) in the new constitution is among the contested matters that have been preventing the CDA from reaching consensus on and finalising its draft. The fact that considerable parts of the Libyan geography have been systematically excluded by the old regime, which applied a random, unfair and completely aleatory system of distribution of wealth and services, adds to Libyan’s legitimate concerns about the matter. Regions rich in natural resources are found among the poorest in develop-ment indicators in the country.
Whatever the CDA may decide, the implementation of Local Governance and De-centralisation provisions would then constitute a major task in view of the context and Libya’s history. There-fore, this project will publish a briefing paper to assess the emerging constitutional draft provi-sions on de-centralisation and the key challenges to implementation.
The project therefore requires the services of an experienced constitutional expert to undertake the lead role in preparing and drafting the above mentioned paper.
Objective of the assignment
The objective of this assignment is to conduct a study with the title “The Libyan Constitution-Making Process: The way forward: Implementing local governance related provisions – The new territorial form of state in the new constitution”.
The overall objective of the study is to assess the emerging constitutional draft provisions on de-centralisation and the key challenges to implementation.
The study shall reflect Libyan views and perspectives, as well as comparative expert views and experiences.
Task
The expert will, in close coordination with the DRI Constitution Expert, work on the study and analysis of data collected and information available, and draft a brief paper not exceeding 10 pages (A4, single spaced and with a font size between 11 and 13 points). In addressing and responding to the objectives highlighted above, the briefing paper shall especially cover the following elements:
- A brief background on the constitution-making process in Libya, with special emphasis on the extent to which the process has been inclusive of views from the different territorial groups inside the country.
- The extent to which provisions related to local governance and the territorial system of government are clear, sufficient and provide the necessary founda-tions to establish a model of de-centralised governance. In a summary analysis, what would be needed for the enactment and efficient implementation of the new constitutional provisions related to local governance, including:
- Immediate steps, needs and challenges, both in terms of legislative as well as institutional reforms; and
- Medium and longer terms steps, needs and challenges, both in terms of legislative as well as institutional reforms.
- Given the challenges related to local governance, and the important role that lo-cal authorities (mainly municipalities) established during the transitional period have played, what is needed to ensure that this level of authority is strengthened and not reversed?
- A proposed chart detailing what needs to be done, when and by whom.
Location, duration and timing of assignment:
This is a home based assignment. The Expert shall liaise with the DRI Libya Constitutional Expert and other members of the team through all possible communication means.
The assignment is for a total of 16 working days, to be implemented as follows:
- 13 working days to be implemented between 22 February and 07 March 2016 inclusive, dedicated to study, analysis and drafting of paper.
- 3 working days to be implemented between 14 and 18 March 2016, dedicated to review of comments and final editing of texts.
Essential Qualifications:
- A relevant university degree in a related field, preferably PhD;
- Relevant experience in constitution making processes;
- Proven research, analysis and writing experience in constitutional reform and processes;
- Immediate availability and ability to deliver within the required timeframe;
- Work experience in Libya and/or the region a distinctive advantage;
- Fluency in English. Good Arabic skills a distinctive advantage.
Deliverables:
- A first draft of the brief paper shall be submitted no later than 07 March 2016;
- A final draft, following reviews and comments by DRI, to be submitted no later than 18 March 2016;
- A list detailing all sources of information and reference materials used; and
- A brief report on activities and tasks implemented to perform the assignment.
How to apply:
To apply, please send a CV and a cover letter stating your motivations in English to: mena@demoracy-reporting.org
Deadline for Applications: 16 February 2016