Background

In July 2012, Libya successfully conducted its first democratic general election in five decades. The event was qualified as ‘an extraordinary accomplishment’ with 2,501 candidates, including 84 women, taking part in the individual candidates poll, and 1,207 candidates, including 545 women, contesting the proportional representation poll on the lists of political entities. Subsequently, in the first peaceful and democratic transfer of power in Libya’s history, the National Transitional Council convened the first meeting of the newly elected National Congress and – following the dissolution of the NTC – the Congress began the process of forming a national government and deciding on the process for drawing up a new constitution.

It is increasingly recognized that the process by which a new constitution is made, particularly following civil conflict or authoritarian rule, can have a significant and long lasting impact on the resulting state and its transition to democracy. The process of constitution-building goes beyond the task of drafting a new primary law for the state and can serve a range of critical functions in a country recovering from violent conflict and authoritarianism, including:

  • Provide a forum for the negotiation of solutions to divisive or contested issues that contributed to violent conflict in the past;  
  • Begin a process of healing and reconciliation through societal dialogue;
  • Lead to the democratic education of the population;  
  • Forge a new consensus vision of the future of the state.

There is also a growing recognition of the reality that deeply engrained political and social practices built up over decades do not change with the holding of an election and the adoption of a new constitutional framework. Transforming the political culture of a society is one of the most difficult aspects of any post-conflict transition. Transformation takes years and requires substantial changes to behaviour and social norms. These changes can only be managed with long-term strategies involving large segments of society. Engagement in the constitution making process would be an important first step in this process of transformation, but participation without knowledge and understanding of the process and issues involved would be meaningless. Extensive civic education and engagement campaigns and local and national-level public dialogue are therefore essential for meaningful popular participation in the drawing up of a new constitution.

The UN Security Council in September 2011 established a political mission to support the country's new transitional authorities in their post-conflict efforts. The United Nations Support Mission in Libya (UNSMIL) is mandated to, inter alia, “Lead inclusive political dialogue, promote national reconciliation, and determine the constitution making and electoral process”.

UNSMIL’s activities in the constitution making process are supported by UNDP through complementary programming and projects that facilitate and promote public dialogue and debate on all aspects of the constitution making process and throughout the referendum. Three substantive areas of support are targeted: public outreach and procedural assistance and substantive and technical advice as needed in coordination with UNSMIL. 

Duties and Responsibilities

General responsibilities of Senior Advisor – Constitution Building:

 

  • Provide expert advice on constitutional matters and international best practices to civil society organizations and non-governmental organizations in Libya.  
  • Facilitate the consultation process with key stakeholders, including CSOs, NGOs, Media, academia, authorities.  
  • Provide expert advice to Libyan stakeholders on options for adoption of constitution.  
  • Work with UNDP Constitutional team on constitutional analysis and report writing.  
  • Help scope the constitutional making process activities and review documents and project submissions.

Particular responsibilities:
  • Work with the Constitution project team to identify opportunities to support Libya CSOs on constitution.  
  • Support the identification and development of new opportunities to help CSOs throughout the country participate in the constitutional making process.  
  • Help with the preparation of the Requests for Proposal process to commission public outreach activities through Libyan CSOs/NGOs.  
  • Support implementation of UNDP Education Information and Communication strategy on the Constitution by, inter alia, developing educational outreach programmes on specific topics: citizen’s participation, human rights, women’s rights, etc. and support the production of educational materials by working with subject-matter experts.  
  • Assist national CSOs and NGOs to develop a concept for public debate and discussion on social-economic and development issues that can feed into the constitution drafting process.  
  • Provide support to UNDP’s media information programme by working with Constitution Project and media team.  
  • Develop a constitution-building research programme with the participation of Libyan academics, legal scholars, and international organizations and academic institutions.  
  • Compile and analyse information on UNDP constitutional development activities and prepare reports as required.  
  • Train national staff and advice on the incorporation of capacity building initiatives in projects.  
  • Support development of internet/social media tools facilitating engagement in the constitutional process.  
  • Work with Constitution Project team on developing activities involving Libyan academia in preparation of constitutional papers, dissemination of their ideas, and involvement in public discussions on the constitution.  
  • Contribute to designing and carrying out survey/research activities on the Constitution.
  • Support UNSMIL’s efforts to assist Constitutional Committee (CC) members and the secretariat in public outreach activities.  
  • Support UNSMIL’ work to ensure that educational and publicity messages of CC are communicated efficiently and effectively.

Competencies

  • Demonstrates integrity by modelling the UN’s values and ethical standards.
  • Promotes the vision, mission, and strategic goals of UNDP.
  • Ability to advocate and provide policy advice.
  • Ability to lead formulation, implementation, monitoring and evaluation of development programmes and projects.
  • Ability to research and analyze national development situations.
  • Demonstrates strong writing, communications, interpersonal, and facilitation skills.

Required Skills and Experience

Education:
  • An advanced degree in social sciences, economics, law or political science, or a relevant field.

Experience:

  • At least 15 years of experience in the areas of constitution-making, participatory democracy, civic engagement or governance.
  • Previous experience working with UN on constitution-making process.
  • Experience working in Libya or the Arab region.

Language Requirements:

  • Fluency in English is required.