Annex I Terms of Reference Project Title: Promoting Social Cohesion in the Arab Region Services: Senior Expert in charge of the Development of a handbook on social cohesion sensitive approach for Members of Constitutional and Legislative Bodies. A. Project Background This consultancy is framed in the regional project Promoting Social Cohesion in the Arab Region, under Output 2, which aims at extending support to governments and civil society actors to establish measures to advance social cohesion between citizens and states and restore legitimacy and trust in state institutions. In addition, the Senior Expert will contribute to the organization of the regional conference on political transformation the role of assemblies for sustainable peace and social cohesion and to the development of a regional strategic approach on the subject. 1. Launched in 2015, Promoting Social Cohesion in the Arab Region is a regional project that aims to promote social cohesion, with a focus on equal citizenship, trust among citizens as well as between citizen and state; respect for human rights, economic and social equality; and pluralistic acceptance of the other, of different faiths, confessions, ethnic backgrounds, and political ideologies. This project intends to work on the question of social cohesion by providing an inclusive space to convene key actors, of government and civil society, as well as religious leaders and the private sector, both at the regional and national levels to facilitate platforms of engagement and forums for solutions in order to support concrete initiatives. Through a regional approach/modality, multiple stakeholders can exchange experiences, provide peer review and support, and find inspiration from other contexts. In the Arab region, the exclusive nature of many social, political and economic institutions, the lack of or limited pluralistic participation in social, economic and political life, and in some cases, the limited respect for cultural diversity, has manifested itself in social discontent and popular uprisings that have taken a more violent track in some countries with destabilizing spillovers to Jordan, Lebanon and Iraq. The Arab region also suffers from a wide variety of challenges related rule of law and discriminatory institutional policies and practices including gender laws (e.g. domestic and gender-based violence in some cases protected by the law), to institutionalized sectarianism, and education systems that reject of diversity. In some instances the problem is in the law, and in others in the implementation, but in both cases, this results in disconnect between citizens and state. Given the complexity of the situation, the project looks into four dimensions: (a) affiliation (as opposed to isolation), a sense of shared and common values, a sense of belonging to the community; (b) participation (as opposed to passivity), requiring involvement or representation in the management of public affairs; (c) acceptance (as opposed to rejection), demonstrating pluralism in fact and also as a virtue, i.e. tolerance with respect to differences; (d) and finally legitimacy, which entails the presence and maintenance of public and private institutions that act as intermediaries, i.e. how adequately the various institutions represent and respond to people and their interests. The fourth dimension is of direct relevance to the objectives of this consultancy. 0
2. The regional conference on political transformations in Arab States on political transformation the role of assemblies for sustainable peace and social cohesion will explore (February 2016) the crucial role of constitution-making bodies and parliaments in reconfiguring the relationship between citizens and the State. Ongoing and emerging political transitions provide a critical entry point into a timely debate about the conditions and processes conducive to such democratic and pluralistic transformations and to socially cohesive societies. The Arab region has experienced diverse political transitions sparked by the Arab Spring uprisings. Yet, trajectories and outcomes differ considerably across the region from democratic transitions in Tunisia to protracted violent crises in Libya, Yemen and Syria. In a region where transformations are still ongoing or may transpire in the future, it is critical to initiate an empirically substantiated discussion on the conditions and inclusive processes that drive these transitions towards democratic, pluralistic and nonviolent outcomes. Identifying such conditions will assist stakeholders in the region in steering ongoing transformation processes more effectively. In this framework, the conference aims to address the following key questions: Why do countries across the region differ significantly in the nature and outcome of their transitions? Under what conditions can parliaments and (legislative and) constitutional reform help to build inclusive, dynamic and cohesive societies? The Sustainable Development Goals (SDGs) agenda offers a useful framework for launching such a debate. SDG 16 calls on Member States to: Promote peaceful and inclusive societies for sustainable development, provide access to justice for all and build effective, accountable and inclusive institutions at all levels. 1 This SDG framework also suggests that aborted transitions and violence often relate to underlying deficits in good governance. These include poor accountability and participation mechanisms, social and regional inequalities, unequal distribution of resources, limited accessibility of social, economic and political institutions, in short, lack of social cohesion. Outcomes of the conference will include guidelines and academic analysis on how the international community can support non-violent and democratic transformations, and potentially in the long run, a regional approach on inclusive political processes, as well as the creation of a network of experts on inclusive and accountable transformations in the region. B. Objectives 1. Development of a handbook on social cohesion sensitive approach for Members of Constitutional and Legislative Bodies 1 In particular, SDG 16.6, develop effective, accountable and transparent institutions at all levels as well as 16.7 ensure responsive, inclusive, participatory and representative decision-making at all levels, highlight the importance of strengthening participatory, inclusive, and accountable decision-making for peaceful and sustainable development outcomes. 1
Questions of inclusion, anti-discrimination, integration and mutual understanding are very timely for the Arab region. The issue of social cohesion cannot be addressed without looking into the impact that parliamentary and constitutional processes and institutions have on strengthening a sense of belonging, encouraging active participation and forging legitimacy at the individual and societal levels. In this regard, it is important to provide members of parliaments and constitution making bodies with a clear and concise conceptual framework and practical guide that sets out concrete entry points available to implement social cohesion mainstreaming in parliamentary and constitutional processes. The handbook will clarify why MPs and constituents should be concerned about social cohesion, and provide sufficient information on the concept of social cohesion to clarify how and why promoting more cohesive societies is crucial for sustainable peace and development within the framework of human rights and in line with the concepts of human security and human development. The publication will explain how working on social cohesion requires restoring both the broken societal fabric - relationships at the horizontal level, i.e. between individuals, groups, society- and those relationships with the State. It will identify, in a practical and effective manner, how members of parliaments and constitution making bodies can foster social cohesion through their constitutional, legislative, oversight and representation functions. The handbook will also highlight relevant lessons from outside the Arab region. In the framework of the oversight function, the handbook will also propose to the parliamentarians and the constitution-making bodies the mechanisms to monitor social cohesion at national and local level. Those mechanisms will be developed along with the development of the measurement instrument of social cohesion that is currently underway. In addition, the handbook will explore how legislative and constituent assemblies can play a functional role as institutions ensuring social cohesion, thanks to their institutional nature as space of dialogue. The various mechanisms and instruments strengthening this role and making it more inclusive will be presented as well. The guide will be prepared in consultation and collaboration with a small peer group of selected parliamentarians and practitioners from the region, and beyond, to ensure it responds to their needs and that the resulting guidance enjoys greater ownership. The guide will demonstrate an understanding of the institution of the parliament and aim at an audience of MPs and their staff who may have very limited knowledge of social cohesion and their role in promoting it. 2. Support to the development of a regional strategic approach on political transformation and the role of assemblies for sustainable peace and social cohesion. In order to ensure the coordination and the consistency of the substantial preparatory work and approach, the senior consultant will be charged to ensure the consistent strategic approach in the framework of the conference on political transformations namely through the coordination of the five case studies on Arab countries. With the same logic, the senior consultant will suport the organisation of the political transformations conference in providing knowlegde support for key substance papers, for selecting and liaising with highlevel experts. 2
Then, the senior consultant will be requested to develop, in collaboration with the Governanace & Peacebuilding team and the in Amman, the regional strategy ragarding the support to political transformations and the role of assemblies for sustainable peace and social cohesion. C. Content of Handbook A distinctive feature of the handbook will be its systematic focus not only on identifying where entry points for parliamentary intervention exist, but its illustration of how this has been done in practice or how it might be achieved. Reference to specific international case studies from outside the region and a concrete analysis of the current legislative infrastructure and environment should be part of this exercise. The Handbook would focus on the practical ways in which members of parliaments and constitution making bodies can help realize both the overall vision and the specific actions fostering of social cohesion. Its central concern should be the constitutional, legislative, oversight and representation functions and the modalities and processes in which they should be exercised. D. Sources, Style and Length The Handbook will draw from existing primary (assemblies, members, legislative text, staff ) and secondary sources provided by UNDP and its partners as well as any other material that the consultant may deem useful. The Handbook should be easy to read, avoiding as much as possible overly technical jargon or academic language. The core document should be relatively short, from 40 to 50 pages maximum, so as to invite as many MPs as possible to actually make use of it in their day-to-day work. Illustrative materials of the main recommendations contained in the core document should appear in a separate Annex. E. Expected Outputs and Deliverables The Senior Expert will liaise with UNDP to establish an agreed timeline and workplan including the following main outputs: 1. Development of the handbook 2. Validation of the handbook during the conference on political transformation the role of assemblies for sustainable peace and social cohesion. 3. Technical guidance to ensure consistent strategic approach of the preparatory work in the framework of the conference on political transformations (coordination of the five case studies papers); 4. Suporting the organisation of the political transformations conference in providing high level knowlegde support and peer review of key substance papers, for selecting and liaising with highlevel experts. 5. Development in collaboration with the Governanace & Peacebuilding and the team in the Amman Hub the regional strategic approch for political transformation and the role of assemblies for sustainable peace and social cohesion 3
Deliverables/ Outputs Output (1) Outline of handbook Output (2) First draft of the handbook Output (3) Meeting on the first draft Output (4) Revised draft of the handbook Output (5) Suporting the organisation of the political transformations conference Output (6) Final version of Handbook Target Due Dates 3 calendar days from contract signature 25 calendar days from contract signature 2 calendar days from the delivery of output no. 2 10 calendar days from receiving feedback from UNDP-RBAS in line with output no.3 Throughout the contractual period (not exceeding 6 working days) 45 calendar days from contract signature Technical Review and Clearance specialist and Farah Choucair, Social Cohesion Specialist and Project Review and Approvals Required Final Approval Jos De Leader Governance 4
Output (7) Development of the regional strategic approch for political transformation and the role of assemblies for sustainable peace and Social Cohesion Throughout the contractual period (not exceeding 12 working days) specialist and Farah Choucair, Social Cohesion Specialist and Project Jos De Leader Governance F. Institutional Arrangement a) Upon contract signature, the Consultant is expected to deliver a detailed time lime in line with the expected outputs and deliverables schedule above to be approved by UNDP-RBAS. In the event of delay, the Senior Expert will inform UNDP promptly so that decisions and remedial action may be taken accordingly. b) The consultant is required to maintain close communication with the UNDP-RBAS on regular and needed basis at any period throughout the assignment in order to monitor progress. c) Remuneration to the Senior Expert will be made in line with the agreement reached between him/her and UNDP. d) Should UNDP deem it necessary, it reserves the right to commission additional inputs, reviews or revisions, as needed to ensure the quality and relevance of the final deliverables. G. Duration of the Work The duration of the work is expected to be 45 working days from the start of the contract. The work is expected to start on the 1 st of November 2015 and end on 31 January 2016. The deliverables identified above will be scheduled in a timeline agreeable to both sides within this period. H. Duty Station a) The Senior Expert s work will be home-based with frequent travel to Amman for a total duration of estimated approximately 5 days (estimated 2 travels throughout the assignment period). UNDP will cover travel costs in accordance with its Rules and Procedures. Along this line, the selected consultant should only address costs required for the delivery of works needed as per Section (E) in her/his proposal respectively. b) Certain activities may require travel to other countries in the region, visits to UNDP country offices etc. Such missions will be planned and budgeted for on an ad-hoc basis. c) If needed, UNDP will provide office space and logistical resources to be used by the Senior Expert. I. Qualifications of the Successful Individual Contractor a) Work Experience At least 10 years of relevant professional experience in constitutional processes, parliamentary strengthening, legislative reforms, inclusive development, conflict prevention; etc. 5
b) Functional Competencies Extensive technical knowledge of parliamentary strengthening, constitutional processes, inclusive development, conflict prevention etc.; Proven intellectual and practical capacity to understand and interpret regional, national and local development issues; Excellent drafting and formulation skills. c) Education Advanced university degree (Master, PhD) in political science, social science or other relevant thematic area. a) Languages Fluency in spoken and written English is a must. Good command of the Arabic Language is a plus. J. Scope of Price Proposal and Schedule of Payments All proposals must be expressed in Lump Sum Amount ( all-inclusive ). Please note that the contract price will be fixed regardless of changes in the cost components. As per section H, all travels related to project implementation with prior approval will be covered by UNDP in line with the UN rules and regulations. The consultant will be paid in two installments: (1) after submission of the first draft of the handbook (40%) and (2) once the final version (60%) of the handbook is cleared from UNDP-RBAS. 6