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CALL FOR PROPOSAL: Development & Production of CSO Position Papers on the Re-Alignment of Selected Laws for Compliance with the Constitution of Zimbabwe

by / Friday, 24 June 2016 / Published in Announcements

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Terms of Reference: Constitution Monitoring & Implementation

CALL FOR PROPOSAL:

The Development and Production of CSO Position Papers on the Re-Alignment of Selected Laws for Compliance with the Constitution of Zimbabwe

Assignment Title: Development and production of CSO Position Papers on the Re-alignment of Selected Laws for Compliance with the Constitution of Zimbabwe
Dates: 21 June to 1 July 2016
Special Notes: Interested Researchers can select one, but not more than two of the position papers.For submission instructions please see article 9

 

1. INTRODUCTION

The Zimbabwe Institute (ZI) in collaboration with a Consortium of a broad range of civil society organisations (CSOs) is facilitating a Constitution implementation and monitoring project. As part of this project, ZI needs to commission the production of Position Papers relating to civil society input for the re-alignment of selected laws to the new Constitution.

This Scope of Work (SoW) outlines the key tasks involved in producing a series of civil society position papers on the legislative agenda for the alignment of Zimbabwe’s laws and policies to the 2013 Constitution. The Position Papers must contextualise the positions of civil society within the framework of evidence-based research.

The ZI requires the services of seasoned analytical legal/constitutional law experts to produce a Position Paper/s for influencing the re-alignment of laws to the Constitution.

The specific tasks and associated Level of Effort (LOE) required including terms of engagement are outlined below. This SoW will, upon selection of preferred Consultant/s, form the basis for contracting to undertake and complete the required task/s.

2. BACKGROUND

The Zimbabwe Institute (ZI)

The Zimbabwe Institute is an independent think tank whose main objective is to facilitate alternative research policies for Zimbabwe on critical issues pertaining to political, economic and social development.

3. OBJECTIVES AND TASKS

3.1 Deliverables
The Consultant/s will be expected to undertake the delivery of a quality product in the form of evidence-based Zimbabwean civil society position papers on selected laws that require re-alignment to conform to the new Constitution; this will be on the basis of reference materials, interviews and desk top analysis among other factual research data collection methods.

3.2 Reference Material and Intellectual Property
In instances where a Thematic Working Group [TWG] member may have existing materials/papers relevant to the scope of work and they may share these as primary reference material used in the development of the position paper, these research resources will be availed on condition that they are acknowledged and no violation of copyright/intellectual property right laws is breached in the formulation of the final Position Paper.

4. SPECIFIC TASKS

  • 4.1.1 Briefing Meeting (Indicative Time: 0.5 Days)
    Preparation for the required tasks for the delivery of the Position Paper on civil society positions on selected laws for re-alignment with the new Constitution. A briefing session with the TWG, Bill Coordinator, interested Consortium CSO stakeholders, and ZI will be convened to ensure that the preparation and methods for the production of the analytical piece is done in a way that ensures the desired result/outcome.
  • 4.1.2 Data Gathering and Analysis (Indicative Time: 2.5Days)
    Collection of factual data will be conducted through research, interviews, consultations with key opinion leaders’ and any other engagements.
  • 4.1.3 Role & Responsibilities of Consultant

Summary Brief and Terms of Engagement

  • The Consultant will apply any recognised methods and institute processes necessary to deliver a concise, high quality analytical product as required and specified by ZI in this scope of work, inception meeting and review input.
  • The Consultant/s will consult regularly and at all material times with the ZI Executive Director, his designate and/or Programme Manager to understand the required tasks and produce the Position Paper/s according to the specifications of this scope of work.
  • The Consultant/s will work with ZI, Coordinator/s of the Thematic Working Groups (TWGs) for the selected legislation under review and reach out to TWG members to get their views. In all instance the Position Paper shall include input of the “Bill Coordinator”, (usually an organisation that has expertise in a given area of law under review) that would have been assigned to give input and feedback on a specific Bill.
  • The Consultant/s may at mutually agreed dates, times and venues, be required to attend review, briefings and progress review meetings to be appraised on the civil society positions for the re-alignment of laws and the project’s operational context respectively.

4.2 Drafting of the following CSO Position Papers (Indicative Time: 1.5 Days)

  • 4.2.1 POSITION PAPER ON THE LOCAL GOVERNMENT BILL
    Develop a well written discussion paper which; clearly identifies the key issues which the existing Bill seeks to regulate.

    • Provide a thorough, coherent and logical assessment of whether the Bill sufficiently gives effect to the relevant provisions in the Constitution of Zimbabwe, 2013, which include but are not limited to the following; the implementation of the constitutional principle of devolution of governmental powers and responsibilities, the general principles of provincial and local government, establishment of local authorities for both rural and urban areas, functions of provincial and metropolitan councils as well as local authorities, procedures for the operations of local authorities. Fundamentally, this analysis must also examine how, in an attempt to give effect to the constitutional provisions in Chapter 14 of the Constitution, the Bill also deals with other relevant overarching constitutional issues which are outside of Chapter 14 of the Constitution. Such issues include, but are not limited to, the rule of law, separation of powers, the issue of autonomy for local authorities, the Declaration of Rights, National objectives and founding values.
    • Identify the relevant international law instruments which the Bill must engage with and assess whether the Bill sufficiently gives effect to Zimbabwe’s international law duties and responsibilities enshrined in those instruments.
    • Draw key conclusions on the Bill and provide clear, well-structured and articulated recommendations on what needs to be done for the Bill to be brought in conformity with the Constitution and relevant international norms and standards that are binding on Zimbabwe.
  • 4.2.2 POSITION PAPER ON AIPPA AMENDMENT BILL
    Develop a well written discussion paper which;

    • Clearly identifies the key issues which the existing Bill seeks to regulate. Where the Bill is unavailable, the discussion paper must provide a review of the existing Act and identify the key issues which the amendment Bill must bring in as changes.
    • Provide a thorough, coherent and logical assessment of whether the Bill sufficiently gives effect to the relevant provisions in the Constitution of Zimbabwe, 2013, which include but are not limited to the following; the implementation of the right to access information versus the right to privacy and the need to maintain national security, freedom of expression and other related fundamental rights that are provided for in the Declaration of Rights. Where the Bill is unavailable, the discussion paper must examine how the Bill must provide for the implementation of relevant constitutional provisions, which include but are not limited to, the right to access information, right to privacy and related rights set out in the Declaration of Rights. In both instances where either the Bill is available or not, the discussion paper must also examine how relevant overarching constitutional issues are dealt and or how they should be dealt with in the Bill. Such issues include, but are not limited to, the rule of law, separation of powers, National objectives and founding values.
    • Identify the relevant international law instruments which the Bill must engage with and, where the Bill is available, provide an assessment of whether the Bill sufficiently gives effect to Zimbabwe’s international law duties and responsibilities enshrined in those instruments.
    • Draw key conclusions on the Bill and provide clear, well-structured and articulated recommendations on what needs to be done for the Bill to be brought in conformity with the Constitution and relevant international norms and standards that are binding on Zimbabwe. Where the Bill is unavailable, provide clear, well-structured and articulated recommendations on what the amendment Bill should provide for in order to conform to the Constitution and give effect to the relevant international norms and standards.
  • 4.2.3 POSITION PAPER ON POSA AMENDMENT BILL
    Develop a well written discussion paper which;

    • Draw key conclusions on the Bill and provide clear, well-structured and articulated recommendations on what needs to be done for the Bill to be brought in conformity with the Constitution and relevant international norms and standards that are binding on Zimbabwe. Where the Bill is unavailable, provide clear, well-structured and articulated recommendations on what the Bill should provide for in order to conform to the Constitution and give effect to the relevant international norms and standards.
    • Identify the relevant international law instruments which the Bill must engage with and assess whether the Bill sufficiently gives effect to Zimbabwe’s international law duties and responsibilities enshrined in those instruments. Where the Bill is unavailable, discuss how the amendment should engage with the identified international law obligations and standards.
    • There can never be any doubt that, maintaining public order and national security is a necessary task and mandate for any Government. When discharging this mandate, in a constitutional State, Government will as a matter of necessity have to engage with certain constitutional rights of citizens. In that context, the discussion paper must thoroughly, coherently and logically assess whether the Bill maintains the equilibrium between the need to maintain public order and security on one hand and the need to respect relevant democratic ideals and principles enshrined in the Constitution of Zimbabwe, 2013. These include but are not limited to: the freedom of assembly and association, freedom to demonstrate and petition, right to personal security, freedom from inhuman or degrading treatment, right to equality, labour rights, the various political rights, right to administrative justice, the rights of arrested or detained persons, the rights of children and elderly persons. Where the Bill is unavailable, the paper must assess the existing Act and discuss the changes which the amendment must introduce in order to achieve the above stated equilibrium.
    • Clearly identifies the key issues which the existing Bill seeks to regulate. Where the Bill is unavailable, the discussion paper must provide a review of the existing Act and identify the key issues which the amendment Bill must bring in as changes.

     

  • 4.2.4 POSITION PAPER ON ELECTORAL AMENDMENT BILL
    Develop a well written discussion paper which; clearly identifies the key issues which the existing Bill seeks to regulate. Where the Bill is unavailable, the discussion paper must provide a review of the existing Act and identify the key issues which the amendment Bill must bring in as changes.

    • Provide a thorough, coherent and logical assessment of whether the Bill sufficiently gives effect to the relevant provisions in the Constitution of Zimbabwe, 2013, which include but are not limited to the following; the implementation of the right to vote as well as other political rights, , principles to regulate Zimbabwe’s electoral system, principles regulating the conduct of election and referendums, timing of elections, delimitation of electoral boundaries, the establishment, composition and functions of the Zimbabwe Electoral Commission (ZEC), maintenance and accessibility of the national and constituency voters rolls to the public. A discussion must also be provided of how the Bill, in trying to regulate elections, engage with other relevant overarching constitutional issues such as the independence of constitutional institutions/commissions, the right to administrative justice, the right to access information, freedom of expression, the foundational constitutional values which include the rule of law, separation of powers and relevant National objectives.
    • Identify the relevant international law instruments which the Bill must engage with and assess whether the Bill sufficiently gives effect to Zimbabwe’s international law duties and responsibilities enshrined in those instruments. Where the Bill is unavailable, discuss how the amendment should engage with the identified international law obligations and standards.
    • Draw key conclusions on the Bill and provide clear, well-structured and articulated recommendations on what needs to be done for the Bill to be brought in conformity with the Constitution and relevant international norms and standards that are binding on Zimbabwe. Where the Bill is unavailable, provide clear, well-structured and articulated recommendations on what the Bill should provide for in order to conform to the Constitution and give effect to the relevant international norms and standards.

4.3 Review and Finalisation (Indicative Time: 0.5day)

Based on a review and commentary by the project stakeholders and partners, finalise the draft Position Paper/s and present to the respective Thematic Working Groups (TWGs) and ZI for validation.

5. DELIVERABLES

  • The production of evidence based Position Paper/s specific to the Zimbabwe civil society context and priorities based on the new Constitution with definitive information on the positions on the re-alignment of selected laws discussed in 4 above.The position paper must have a 2 page concise summary
  • Duration - The Consultant/s will be engaged to undertake the required preparatory work to be followed by the Position Paper as the final product after ZI’s review and related approvals at dates to be advised.

6. REPORTING

Reporting shall be done through ZI, to the Thematic Working Groups/Consortium; feedback and subsequent approval of all output will be granted through the secretariat i.e. ZI.

7. PAYMENT

  • For each Position Paper the Consultant/s will be engaged on a Fixed Fee Contract to be communicated to the Consultants on assignment.
  • Payments Schedule - The total fee for the assignment will be agreed on the basis of a signed valid contract between ZI and the Consultant; the Consultant/s will be paid 50% of the contractual fee on submission of a First Draft of the Position Paper/s that meets the full requirements of this scope of work, with the balance being paid on acceptance of the Position Paper/s.

8. ROLE OF THE ZIMBABWE INSTITUTE

  • ZI will provide the Consultant/s with all necessary documents and any other information to expedite the undertaking of tasks to completion; the ZI may review, comment and advise the Consultant/s on the delivery or completion of all required tasks.
  • The ZI will be responsible for the coordination and logistics of all meetings between the consultant, the Thematic Working Groups and all other key informants and respondents in the process of developing the position paper/s.

9. SUBMISSION INSTRUCTIONS

Submissions to bid for the assignment must be strictly submitted electronically via email to cso.cmi@gmail.com by 12:00 Hrs Friday 1 July, 2016 and include the following;

  • 9.1 1-2 page Expression of Interest outlining the methodology of the paper/research methods and the broad parameters/principles of the subject matter;
  • 9.2 Consultants’ CV; and
  • 9.3 Sample of any written work/publication in the last 3 years.
  • 9.4 Each Expression of Interest must identify one, up to a maximum of 3 pieces of legislation, for which to develop a Position Paper out of those listed in 4.1.4 (Drafting of the following Position Papers). Should a researcher select more than one position paper they must ensure that each submission meets requirement 9.1; and the rest need not be replicated.
  • 9.5 Conflict of interest: If a consultant belongs to any of the participating organisations in the Consortium, a declaration of this fact should be stated with submission of the application
  • 9.6 The identification of researcher is subject to a screening process by the Project‘s Steering Committee (PSC).
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