TERMS OF REFERENCE (TORS) FOR A LEGAL CONSULTANT FOR REVIEW OF THE ICGLR PACT at GIZ Rwanda : Deadline 29-06-2022

INTRODUCTION 

The Deutsche Gesellschaft für Internationale Zusammenarbeit (GIZ) GmbH is a federally owned international cooperation enterprise for sustainable development with worldwide operations. GIZ has worked in Rwanda for over 30 years. The primary objectives between the Government of Rwanda and the Great Lakes Region and the Federal Republic of Germany are poverty reduction and promotion of sustainable development. To achieve these objectives, GIZ Rwanda is active in the sectors of Decentralization and Good Governance, Economic Development and Employment Promotion, Energy and ICT (Information and Communications Technology), Natural Resources, Peace and Security and Sexual and gender-based violence (SGBV).

Brief information on the project

Since December 2018, GIZ, through the regional project co-funded by the European Union (EU) and the German Federal Ministry for Economic Cooperation and Development (BMZ), has supported the efforts of the ICGLR Secretariat to consolidate the peace and stability in the Great Lakes region, by implementing the ICGLR Pact on Security, Stability and its protocols. GIZ intends to support ICGLR in strengthening its policies, processes and systems to further improve its performance.

Information about ICGLR 

The International Conference on the Great Lakes Region (ICGLR) is an inter-governmental organization of the countries in the African Great Lakes Region. Its establishment was based on the recognition that political instability and conflicts in these countries have a considerable regional dimension and thus require a concerted effort to promote sustainable peace and development. The most notable among the conflicts that have had cross-border impacts or origins are the 1994 Rwandan genocide that led to the loss of more than 800,000 lives, and the political instability in DRC. These conflicts constituted a major threat to international peace and security.

The ICGLR is composed of twelve member states, namely: Angola, Burundi, Central African Republic, Republic of Congo, Democratic Republic of Congo, Kenya, Uganda, Rwanda, Republic of South Sudan, Sudan, Tanzania, and Zambia.

The ICGLR was formed through a PACT signed by the Heads of State and Government in 2006 with the key mandate of putting in place mechanisms for enhancing peace, security, political stability, and development in the Great Lakes Region. The ICGLR Executive Secretariat was inaugurated in May 2007 at its headquarters in Bujumbura, Burundi. Its responsibility is to coordinate, facilitate, monitor, and thereby ensure the implementation of the ICGLR Pact to attain peace, security, political stability, and development in the Great Lakes Region.

The ICGLR Secretariat which is based in Bujumbura (Burundi) is headed by the Executive Secretary and assisted by the Deputy Executive Secretary with the following divisions;

1. Peace and Security
2. Democracy and Good Governance
3. Economic Development and Regional Integration
4. Humanitarian and Social Issues
5. Gender, Women and Children Affairs
6. Cross-cutting Issues
7. Finance and Administration

In addition to the above directorates, the ICGLR has Regional Centers namely;

1. The Levy Mwanawasa Centre for Democracy and Good Governance based in Lusaka. Zambia);
2. The Regional Training Facility (RTF) based in Kampala, Uganda;
3. The Joint Intelligence Fusion Centre (JIFC) based in Goma, DRC
4. The Extended Joint Verification Mechanism (EJVM) in Goma, DRC

The above institutions are required to report to the ICGLR Secretariat to have a consolidated picture of overall performance of ICGLR. The system should be able to serve the above institutions of ICGLR.

Current Situation

The ICGLR is governed by a PACT on Peace, Security, Stability and Development in the Great Lakes Region which serves as a legal framework, a supreme law (constitution) and an agenda of the ICGLR with the aim of creating the conditions for security, stability and development between the member states.

This PACT was adopted by the Heads of State and Government of the ICGLR member states in Nairobi in December 2006 and entered into force in June 2008. It was further amended in 2012 to admit South Sudan as a new member of the ICGLR Community.

The Pact includes 10 Protocols and 4 Programmes of action with 33 priority projects. The following are legally binding protocols which are part and parcel of the PACT:

1. Protocol on Non-aggression and Mutual Defense in the Great Lakes Region
2. Protocol on Democracy and Good Governance
3. Protocol on Judicial Cooperation
4. Protocol for the Prevention and the Punishment of the Crime of Genocide, War Crimes and Crimes against Humanity and all forms of Discrimination
5. Protocol Against the Illegal Exploitation of Natural Resources
6. Protocol on the Specific Reconstruction and Development Zone
7. Protocol on the Prevention and Suppression of Sexual Violence Against Women and Children
8. Protocol on the Protection and Assistance to Internally Displaced Persons
9. Protocol on the Property Rights of Returning Persons
10. Protocol on the Management of Information and Communication

The ICGLR is in the process of reviewing its PACT to match the modern changes and needs of the region. The review process will be managed by the ICGLR Secretariat in consultation with the Member States and ICGLR governance bodies.  ICGLR recognizes that strong partnership among its member states, as guided by an enabling PACT is an important driver for maintaining and sustaining peace, security, stability and development in the region.

The successful consultant will therefore guide the ICGLR in the review process by proposing and compiling the amendments to the PACT in consultation with the member states, under the supervision of the ICGLR Secretariat.

THE PURPOSE OF THE ASSIGNMENT 

The main purpose of this assignment will be to review and amend the PACT in order to adequately ease the achievement core mandates, Mission, vision, and Objectives of ICGLR. The PACT in its current state needs to be reviewed/amended to reflect and serve the changing needs of the ICGLR member states. It has never been reviewed since its initial promulgation in 2006 except in 2012 when it was amended to admit South Sudan into the ICGLR Community.  There are a number of essential components that need to be amended to provide for changing governance and management needs including but not limited to;

1. Creation of technical committees and sector ministerial committees to support the Regional Inter-Ministerial Committee (RIMC) and the Summit,
2. Provisions for new strategic financial management matters,
3. Provide for authority to making subsidiary legislation to operationalize it
4.  Provide for elaborate procedure for its review and amendment.
5. Any other matters that will come on board during the review process.

The amended PACT shall continue to form standard mechanisms for constant inculcation of effectiveness and uniformity in the ICGLR Institutions. There shall also be a provision of revising and reviewing this document and endorsing a new document from time to time.

THE SCOPE OF WORK 

The following activities will constitute the scope of work;

1. To develop and submit an inception report indicating how the consultant will go about the work and how the final product will look like.
2. To collect and analyze the necessary data and information from member states, regional and international organizations in order to identify the best practices for input into the process of the PACT amendment.
3. To make proposals for revision, update and finalization the draft amendments of the PACT and submit them to management for discussion.
4. To propose best legal processes and practices for better management of the ICGLR and its affiliated Institutions in the PACT.
5. To identify and propose for streamlining any provisions that seem contradictory      in the PACT and make proposals for their rectification.
6. To present and discuss with ICGLR Management, a committee of legal experts from member states, National Coordinators, Ministers of Justice from Member States, the Regional inter-ministerial Committee and the Summit of the Heads of States and Government.

THE DELIVERABLES 

The consultant is expected to deliver the following outputs;

• Produce a review report on the existing ICGLR PACT 2006, the enshrined protocols and programs to ensure that they are consistent with each other and well-designed to serve the real needs of ICGLR.
• Read the PACT to comprehend its legal provisions  and to guide the ICGLR on the process for its amendment
• Make a survey of other PACTs or equivalent legal instruments for regional and international organizations in order to adopt good practices and benchmarks from them to assist in the amendment process.
• Seek and receive comments from the Ministries of Foreign Affairs, Defence/Security/ Finance, Justice, Gender and Natural Resources/Ministries of the 12 member states to enrich the amendments.
• Internalize the provisions of the PACT relating to its amendment to ensure that the amendment process complies with those provisions.
• Draft and present PACT amendments to ICGLR Management, Legal Experts from the Member States, National Coordinators, the RIMC and the Summit for procedural approvals.
• Produce hard and soft copies of the finally agreed upon amended PACT in a modern print (in 100 copies in English, 100 copies in French and 30 copies in Portuguese and 30 copies in Arabic) and submit them to the Executive Secretary.

INSTITUTIONAL ARRANGEMENTS 

The ICGLR shall provide;

•  And make available to the Consultant (free of charge) the needed facilities, services, documents, and information required by the Consultant to carry out the work specified in these Terms of Reference.
• The consultant with internal documents required for desktop review in either hard or soft copy.
• Provide the list of relevant stakeholders to meet and shall facilitate their meetings & appointments.

The Consultant shall;

• Look for and avail to himself/herself the external documents required for his/her review and benchmarking,
• Report on an agreed periodic basis to the Executive Secretary or his authorized representative for assessment of the progress of the assignment in respect to the Terms of Reference.
• Carry out any other activity, duty or responsibility that is pertinent to the successful completion of this assignment.

DURATION OF THE ASSIGNMENT

The duration of the assignment is two months from the date of signing the agreement. This duration shall include all the activities involved in the completion of assignment including surveys /benchmarking   conducted by the consultant, consultation with the relevant stakeholders and final compilation, completion, and the final print of the of the hard document. However, this duration may be extended at no cost by the client to cater for obligatory delays or any other factors.

QUALIFICATIONS AND EXPERIENCE

The consultant should

• Hold a minimum of a degree in Law and a professional qualification in legal practice.

•  Should be a practicing advocate of the High Court in his/her country.
• Exhibit demonstrated skills in legal reviews, legal drafting and development and/or various legislation or regulations relating to governance of not less than 5 years.
•  Have proven knowledge and experiences in developing legislative policies for international or regional organizations or national governments will have additional advantage.
• Have the capacity to produce and translate the amended PACT into English, French, Portuguese and Arabic.

EVALUATION OR ASSESSMENT CRITERIA 

Objective criteria will be used to objectively assess the design during the evaluation process for the technical part of the proposal and report them to point of this scheme.

1. Relevant and minimum qualifications in law and legal practice
2. Experience the field of legislative drafting in national, regional and international organizations.
3. Impressive concept of the whole process of review and drafting of PACT Amendments.

9. SCHEDULE OF WORK

(b) Activity Casting/ Budget 

Note :
In the event of restrictions due to measures to combat the coronavirus / Covid-19 (restrictions on flights and transport, entry restrictions, quarantine measures, etc.), the ICGLR and the consultant are required to adapt their contractual services in good faith to new circumstances, for example as regards the period of service, the content of the service and, if necessary, the remuneration.

Submission and Evaluation of Expression of Interests 

EoI will be evaluated based on the following criteria:

• Company or individual profile,
• Relevant experience,
• Company strategies to assure agility, flexibility, and responsiveness,
• Personnel and,
• Financial offer

The consulting firm shall submit written technical and financial proposals. The technical proposal must include but not be limited to:

• A detailed technical approach
• The CVs of relevant consultants
• References to similar assignments
• Company registration certificate
• Tax clearance & VAT certificate

The Financial Proposal should indicate the contract price, supported by a breakdown of consultancy fee per day + all other costs such us (if needed) daily allowance, accommodation expenses. The cost must be in RWF and VAT excluded.

Please submit electronically your EoI (technical & Financial offer) in 2 separated emails (PDF files) to this email: RW_Quotation@giz.de until latest 29^th June 2022

Please you must write in your email subject this sentence:

EOI number 83410195 – submission of technical& financial offer,

without this sentence, your offer may not be considered

Hard copies are not allowed this time 

GIZ reserves all rights

Click here to apply