Consultant for the Preparation of a Background paper on Constitution-Making and Gender Equality

As the UN’s lead development agency, with extensive field presence, UNDP facilitates the integration of gender equality in the work of its Country Offices (CO) and has initiated and implemented numerous innovative initiatives that support programme country work on gender equality and women’s empowerment. UNDP's work on gender is guided by the Beijing Platform for Action (BPFA), Convention on the Elimination of All forms of Discrimination Against Women (CEDAW) and the frameworks provided by the Millennium Declaration and the Millennium Development Goals (MDGs). To implement gender equality as a core objective, UNDP has adopted a two-pronged approach (i) mainstreaming gender in all of its mandate areas; and, (ii) dedicated interventions that empower women and promote gender equality. In accordance with the Gender Equality Strategy, UNDP provides policy advice, technical assistance and supports building the capacity of national partners to strengthen legal frameworks and advance women’s rights in accordance with international norms and standards, including CEDAW and other international and regional human rights treaties and protocols. Women across the Arab world played, and continue to play, a remarkable role in the transitions of their respective countries. Women who actively participated in the transitions did not only seek regime change but they also sought greater empowerment and gender equality in all spheres: political, economic and social. Different political processes, which include constitution making or constitutional reform, are now taking place in several countries in the Arab States region. Tunisia, Egypt and Somalia are currently engaged in constitution drafting processes and Libya, Yemen and Sudan will shortly be drafting new constitutions. In other countries in the region, including Bahrain, Morocco and Jordan, constitutions have recently been amended. New constitutions are often seen as the end result in a period of transition, but constitution making is a process, which begins before and extends well beyond the actual drafting; it includes a wide range of procedures, dialogues and decisions. Ensuring inclusivity of all parts of society in constitutional and related processes contributes to a more legitimate process, with greater chance of ensuring a sustainable settlement of conflicts and contributing to lasting peace and security. Women and men from all social spheres have an interest in the creation of this fundamental social contract. That participation, if meaningful, contributes to the provisions that explicitly protect the rights not only of women, but of all sectors of society. Yet, there are often significant challenges to promoting gender equality and women’s empowerment in constitution-making. One of the biggest is often in ensuring that substantive protections and provisions are articulated in the constitution. Regardless of the ongoing fluidity of the situation, a rare opportunity now presents itself in the region for the advancement of women’s political participation and a greater role in decision making and nation building processes, for the promotion of gender equality principles and protection of rights in constitution making and for a dynamic exchange of lessons and experiences gained in countries with similar contexts. Constitution making is a national endeavor that requires national ownership and leadership, and external assistance must be designed to respond to specific country contexts. Given the current wave of constitutional reforms in the region and based on the suggestions received from country offices in the region, UNDP and partners are planning to convene a conference, entitled “In transitions to democracy in the Arab region, how can gender equality be promoted, with a specific focus on constitution making processes?” This event, which is scheduled for October 2012, will bring together a range of stakeholders including civil society, members of Constituent Assemblies, and UNDP Country Offices from focus countries to explore commonalities, opportunities, and challenges, and to learn from the lessons gained through constitution making processes that have already taken place in the region and from other similar countries in the global south. The conference will provide participants from the region and beyond, with the opportunity to hear about and exchange relevant experiences and lessons learned on advancing gender equality and women’s empowerment in constitution making processes. Themes addressed might include the issue of how to ensure that women and gender equality experts are at the constitution-making table, how can the processes ensure that substantive gender equality is included in the constitution that is drafted; how can media be used to promote gender equality; how the rights of both men and women can be framed in the bill of rights, and what state and non-state mechanisms need to be established in order to implement the gender equality provisions of the constitution.

Duties and Responsibilities

As part of the preparations for the conference, it will be important to have an overview of the current situation in the region on gender equality provisions in constitutions. To that end, UNDP is recruiting an expert in the field of women’s constitutional and legal rights and empowerment, including in the context of multiple legal systems, with a specific focus on Islamic law. Under the overall guidance of the Gender and CPR Advisor in New York and in close collaboration with the Gender Policy Specialist in Cairo and UNDP Country Offices in the region the consultant will prepare a background paper which will inform the regional conference: The paper will provide a snapshot of the current status of relevant constitutional provisions (protecting human rights and ensuring gender equality) in the Constitutions of the region. The consultant will draw on data from up to eight countries in the Middle East and North Africa region which are currently in, or have recently gone through, the process of constitutional reform to map the steps in each of the constitutional processes, and the current status of discussion on the protection of rights and gender equality. Alongside this overview, the consultant will map the ways that civil society and other prominent gender advocates have interacted with the processes. The final document will reflect on how those strategies influenced the constitutional drafters, both in terms of the process and the draft constitutions prepared/ and enacted, and subsequent legislative reform. The paper will also include an analysis of trends, sharing of good practice from the region and an assessment of the current opportunities for promoting gender equality and women’s empowerment in constitution-making processes in the region. Finally, the consultant will also seek to identify opportunities and challenges of the constitution-making processes in relation to gender issues and provide recommendations. Details of the assignment are as follows: This consultancy is home -based. The consultant may be required to undertake missions in the region to collect material, and / or attend the conference, in which case, s/he will receive a lump sum for accommodation, roundtrip ticket and terminal expenses. 30 working days including office and any fieldwork. The deadline for submitting the final approved paper (inclusive of UNDP feedback) is 30 September 2012. The research paper will be no less than 30 single-spaced pages (excluding bibliography or annexes). The paper will be in English and translated into Arabic. Translation costs should be factored into the proposal.

Competencies

Strong knowledge of constitutional processes and/or drafting and legislative reform. Knowledge of gender equality and women’s empowerment, especially in the context of the Arab region and analytical work in international development. Proven record of writing skills/experience and Strong research skills and experience in conducting gender analysis. Excellent communication, writing skills, and analytical skills. Ability to establish priorities and to plan, coordinate and monitor own work plan Excellent oral and written communication skills in English. Field experience would be an asset. Experience in providing legal expertise and policy analysis. Ability to work under pressure. Deliverables: Prepare an outline of the Arab States Constitutional background paper and a work-plan. This should include an outline of key areas to be covered for each country report which will be captured in the paper by August 10th, 2012. (3 days) Consolidate information captured from UNDP and external actors and produce a draft paper, by August 30, 2012 (20) Seek and incorporate feedback on the draft paper from relevant stakeholders in compliance with UNDP quality assurance requirements by September 15, 2012 (2 days) Finalize the background paper on Constitution-making in the Arab States, opportunities for advancing gender equality and women’s empowerment, that has been appraised and validated by a peer review group comprising BDP/ BCPR Governance Teams, UNDP Gender Advisors, RBAS Focal Points, as well as CPR Practice Coordinator and Gender Advisor in the Regional Centre in Cairo. Deadline of September 30, 2012 (5 days)

Required Skills and Experience

Education: Master’s degree or PhD preferably in gender studies, Constitutional Law, international law, political science, Islamic Sharia Law. Experience: Minimum 8 years of experience in the area of gender equality and women empowerment in relation with legal and constitutional reform, preferably including legislative drafting experience. Language Requirements: Fluency in English together with French or Arabic.

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UNDP is committed to achieving workforce diversity in terms of gender, nationality and culture. Individuals from minority groups, indigenous groups and persons with disabilities are equally encouraged to apply. All applications will be treated with the strictest confidence.

Consultant for the Preparation of a Background paper on Constitution-Making and Gender Equality