Background

A key element in the peace process during the transitional period is the permanent constitution making process envisaged to be completed by February 2022 and which will lay the legal foundations for elections in 2023. The completion of the permanent constitution is expected, inter alia, to lay the foundations of the electoral framework of South Sudan and pave the way for electoral preparations including a census which will inform the delineation of electoral constituencies. 

The permanent constitution making process is perhaps the single most important political process facing R-TGoNU as it sets the conditions/tone for the subsequent electoral process. It should be anticipated that the parties may likely prioritize electoral considerations in the discussions during the permanent constitution-making process especially on the constitutional provisions relating to the number and boundaries of states and other subnational administrative units. Similarly, discussions on electoral systems including the proposed census which will inform the delineation of electoral constituencies will also be shaped by political calculations. 

The permanent constitution making process, as stipulated in the R-ARCS, will be complex, contested and often controversial with key actors seeking to advance their respective and frequently divergent agendas. The attainment of broad agreement, at the very minimum, on several complex and contested issues through political dialogue will be required to undergird an effective and inclusive and participatory constitutional process. From experience in South Sudan and elsewhere, preparatory conversation with diverse key actors will be critical to help build political agreement on contested issues.

Accordingly, UN support for the permanent constitution-making process will require careful calibration and coordination with a broad spectrum of stakeholders including the peace parties, faith-based leaders and representatives of civil society, women and youth groups as well as regional and international partners. Against this backdrop, UNMISS and UNDP will initiate key actor engagement and consultations including conducting 3 workshops on visioning the permanent constitution-making process between July and September 2020.  Key actors and participants will include representatives of R-TGoNU; political parties; faith-based groups; women’s groups; youth; private sector; ethnic minorities; academia; people with special needs; and other professionals. This will also entail capacity building workshop to CSOs.

Among the most contentious issues during the negotiation of the Agreement on the Resolution of the Conflict in the Republic of South Sudan (ARCSS) in 2014-15 and subsequently during the High-Level Revitalization Forum process in 2017-18 resulting in the adoption of the R-ARCSS were the questions of –

1. Establishment of a federal system of government;

2. The number of states in the current decentralized system of government and the envisaged federal system;

3. The boundaries of the sub-national units (states, counties and payams);

These issues are very complex and highly inter-linked. The contention around the issues of states and boundaries will continue to generate controversary that will impact upon the implementation of the revitalized peace agreement including the permanent constitution-making process. 

It is proposed to engage two (2) high-level national experts on federalism and boundaries to support dialogue among political actors and relevant stakeholders on the issues of federalism and boundaries during the permanent constitution-making process.

Duties and Responsibilities

Under the direct guidance from the peacebuilding/governance advisor (Matrixed with UNDP and UNMISS), the consultants (national experts on federalism and boundaries) will:

1. Facilitate the holding of 2 specialized workshops on federalism and boundaries as part of UN support to  the permanent constitution-making process, including the participation of all parties to the agreement ad all relevant actors. 

 

2.  Analytical papers on federalism and boundaries in South Sudan to support stakeholder dialogue during the permanent constitution-making                process. 

3.  Guidance note on the federalism and boundaries in the permanent constitution making process

4.. Report on workshops on federalism and boundaries endorsed by relevant stakeholders

Competencies

• Strong teamwork,  and interpersonal skills

• Resourcefulness, initiative and maturity of judgement.

• Strong communication and advocacy skills;

• Ability to work in a complex environment requiring liaison and collaboration with multiple actors;

• Ability to demonstrate sensitivity, tact and diplomacy;

• Advanced University Degree in law, economics, political science, sociology, international relations, anthropology, public administration;development studies or other relevant fields. Demonstrated knowledge of federalism or boundary issues in South Sudan is required;

• Familiarity with peace processes, constitution-making and constitutional review in South Sudan as well as national civil society organizations             advocacy, mediation and dialogue will be a distinct asset.;

• 5-10 years of experience working with national and international organizations on democracy and governance issues in South Sudan;

• Strong oral and written communication skills in English.;

Required Skills and Experience

 

• Advanced University Degree in law, economics, political science, sociology, international relations, anthropology, public administration development studies or related fields.;

• 5 to 10 years of experience working on federalism or boundary issues in South Sudan;

• Extensive experience of providing policy advice (including report writing) at national or international levels;

Fluency in spoken and written English and fluency in spoken Juba Arabic;