ABOUT THE PROJECT: TERMS OF REFERENCE
In December 2019, The International Institute for Democracy and Electoral Assistance (International IDEA) signed an agreement with European Union Delegation for the implementation of a three (3) year project aimed at supporting Sudan`s democratic transition. The project has four interlinked components namely: i) Dialogue and consensus building on the transitional processes; ii) Constitution building; iii) Electoral legal reform; and iv) Civic education. The project aims to support Sudan’s transition to a democratic system of government. The overall goal of the project is to contribute to Sustainable Development Goals 5 and 16 with specific focus on the follow targets:
(i) SDG target 5.5: Ensure women’s full and effective participation and equal opportunities for leadership at all levels of decision-making in political, economic and public life.
(ii) SDG target 16.6: Develop effective, accountable and transparent institutions at all levels.
(iii) SDG target 16.7: Ensure responsive, inclusive, participatory and representative decision- making at all levels.
This TOR is being issued in relation to components (i) and (ii). Both of those components involve preparing written outputs on constitution building issues in order to support Sudan’s transition.
The ANCL will be required to provide support in relation to the following:
• preparing options papers on discrete substantive areas;
• updating existing IDEA reports for a Sudanese audience; and
• preparing written analysis of drafts or proposals on Sudan’s future constitution.
Scope of Work:
This section of the ToR describes in detail all main activities/tasks to be conducted by the ANCL and the expected results. The ToR describes only the activities and not the approach or the methodology by which the results are to be achieved since these would be
proposed by the ANCL, as applicable. In the ToR, the scope of work of the assignment is defined by addressing the following issues:
▪ Main issues to be tackled;
▪ Alternatives to be considered;
▪ Project/office location, geographical area to be covered.
▪ Detailed description of the activities to be performed under the contract and by whom;
▪ Time horizon, life span of project components, need for continuity, etc.;
▪ Language requirements;
▪ Gender, political, cultural, institutional dimensions, multiplier effects, linkages to other activities, other spin-offs, etc.;
Timing and Work Plan:
The ANCL will commence the drafting of each individual output only after agreement with International IDEA. The precise delivery time for each specific output will vary depending on the size and complexity of the assignment. Generally speaking, however, International IDEA generally expects that the first draft of a standard options paper should be delivered within one month of the assignment being tasked. For each output, International IDEA expects that the work shall be prepared as follows:
• A preliminary draft should be prepared for International IDEA to review;
• A second draft should be prepared to incorporated changes pursuant to International IDEA’s review;
• A final draft should be prepared to incorporate comments from Sudanese participants and partners.
Deliverables and Reporting Requirements:
The only deliverables under this agreement will be the written outputs. There are no specific reporting requirements.
Management and Organisation:
The ANCL Committing Team will report to International IDEA, including the Senior Programme Officer on constitution building or any other International IDEA staff member delegated by the Senior Programme Officer.
Topics of options papers assignment to the ANCL:
- Constitutional drafting process (assigned)
- Judicial review
- Intragovernmental relations (and fiscal arrangements if possible)
- Gender & Children
- Justiciability of socio-economic rights
- Freedom of expression and access to information
- Structure of the judiciary
- Amendment procedure