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 Election 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 organisation 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. Given the difficulties that the transitional process in Libya is enduring, the implementation of electoral provisions in the new constitution is certainly among the urgent issues that should be carefully dealt with. Therefore the project will publish a briefing paper exploring and suggesting what will be needed in order to efficiently implement the related provisions in the new constitutional framework which would contribute to help ensure that the entire constitutional process efficiently attains its real objectives in enabling the transition to a new democratic system of government in Libya.
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: Adopting the new constitution and implementing election-related provisions”.
The overall objective of the study is to assess the next steps once the draft constitution is finalised in terms of:
- The adoption process by referendum of the new constitution.
- Elections processes that would need to be carried out according to the new constitution.
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 transparent, inclusive and participatory.
- Approval and adoption of the new constitution in Libya, in light of the need to conduct a public referendum: feasibility, needs, challenges, timeframe, man-agement, etc.
- Enactment of the new constitution. Who and how? Possible inter-play between relevant provisions in the 2011 Constitutional Declaration and its amendments from one side and the Libyan Political Agreement (LPA) from another side.
- Implementation of the new constitutional provisions related to electoral processes, including:
a) Immediate steps, needs and challenges, both in terms of legislative as well as institutional reforms; and
b) Medium and longer terms steps, needs and challenges, both in terms of legislative as well as institutional reforms.
The expert shall ensure that the paper reflects Libyan perspectives. Nevertheless, a comparative perspective, from within or without the region, mainly in relation to possible measures to overcome obstacles, shall also be expected.
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 core 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@democracy-reporting.org