ANNEX II: TERMS OF REFERENCE

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ANNEX II: TERMS OF R
EFERENCE

1.

BACKGROUND INFORMATI
ON

................................
................................
.....................

2

1.1.

Beneficiary country

................................
................................
................................
......

2

1.2.

Contracting Authority

................................
................................
................................
...

2

1.3.

Relevant country background

................................
................................
.......................

2

1.4.

Institution involved in the organisation of the Referenda and popular
consultations

................................
................................
................................
.................

3

1.5.

Current state of affairs in the relevant sector

................................
...............................

6

1.6.

Related programme
s and other donor activities

................................
...........................

7

2.

OBJECTIVE, PURPOSE &

EXPECTED RESULTS

................................
.......................

8

2.1.

Overall objective

................................
................................
................................
..........

8

2.2.

Purpose


................................
................................
................................
.......................

8

2.3.

Results to be ac
hieved by the Consultant

................................
................................
.....

8

3.

ASSUMPTIONS & RISKS

................................
................................
................................
...

8

3.1.

Assumptions underlying the project intervention

................................
........................

8

3.2.

Risks………….

................................
................................
................................
............

9

4.

SCOPE OF

THE WORK

................................
................................
................................
...

10

4.1.

General….

................................
................................
................................
..................

10

4.2.

Specific activities

................................
................................
................................
.......

10

4.3.

Project management

................................
................................
................................
...

12

5.

LOGISTICS AND TIMING

................................
................................
...............................

13

5.1.

Location..

................................
................................
................................
....................

13

5.2.

Commencement date & Period of performance

................................
.........................

13

6.

REQUIREMENTS

................................
................................
................................
..............

13

6.1.

Personnel

................................
................................
................................
....................

13

6.2.

Office accommodati
on

................................
................................
...............................

25

6.3.

Facilities to

be provided by the Consultant

................................
................................

20

6.4

Equipment

................................
................................
................................
...................

25

6.5.

Reimbursables

................................
................................
................................
............

25

7.

REPORTS

................................
................................
................................
............................

26

7.1.

Reporting requiremen
ts

................................
................................
..............................

26

7.2.

Submission & approval of progress reports

................................
...............................

26

8.

MONITORING AND EVALU
ATION

................................
................................
..............

27

8.1.

Definition of indicators

................................
................................
..............................

27

8.2.

Special r
equirements................................................
.............................

.....................

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1.

BACKGROUND

INFORMATION

1.1.

Beneficiary country

SUDAN


1.2.

Contracting Authority

European Union Delegation to the Republic of the Sudan.


1.3.

Relevant country background

In Jan
uary 2005, a 22 years armed conflict between the North and the South of Sudan came to an
end with the signing of the Comprehensive Peace Agreement (CPA) between the National
Congress Party (NCP)
-
led government of Sudan and the Sudan Pe
ople’s Liberation
Mov
ement/Army (SPLM/A).
The CPA paved the way for a new political climate, providing for:
the formation of a

Government of National Unity (GoNU); the formation of a Government of
Southern Sudan

(GoSS) within the 10 states of Southern Sudan; the resumption of
a mult
i
-
party
democratic system of governance taking into account gender equality and cultural, racial,

religious
and linguistic diversity within Sudan; and the adoption of universal human rights

standards.


Aiming to make Sudan a freer and fairer place, t
he CPA envisaged the organisation of national
elections that took place in April 2010. Although chaotic in its organisation, the elections were
peaceful and confirmed the leadership of the NCP in the North and of the SPLM in the South.
After this polling e
xercise, the last phase of the implementation of the CPA is the conduct of two
referenda and two popular consultations.


The Southern Sudan Referendum represents the most important event in terms of political impact.
The process might lead to the creation
of a new country as the Southern Sudanese will decide on
unity or independence. This right to self
-
determination is an essential part of the CPA agreement
and was necessary for the organisation of the national elections and for maintaining peace in
Sudan.


The
CPA

also
stipulated that along with the

referendum on sel
f
-
determination for Southern Sudan
,

there shall be a referendum on the

status of Abyei.

The Abyei Area has a special administrative
status under the institution of the Presidency in the North in

which its residents are dual citizens of
both Southern Kordofan in the North and Bahr el Ghazal in the South, with representation in both
state legislatures. The Abyei referendum will entitle the citizens of the Area to choose between
returning to Souther
n Sudanese administration or keeping their special status.


Finally, the CPA will be assessed by the people of Blue Nile and Southern Kordofan through the
organisation of popular consultations. These exercises will allow the citizens of these two states to

decide if the CPA has met their aspirations and will provide recommendations to the state and
national governments for undertaking the necessary reforms.


The organisation of these four processes represents a real challenge for Sudan. Indeed, irrespective

of the outcome of the referenda, the country will undergo a critical transformation for which the
government structures and the Sudanese people need to prepare.

In addition, the popular consultations will influence the local population's decision to supp
ort
peace and should contribute to open and inclusive politics in the states concerned.




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1.3.1 Southern Sudan Referendum


The CPA and the subsequent Interim National Constitution (INC) of Sudan stipulate that the
people of Southern Sudan should be able t
o determine their future state through the organisation of
a referendum on the 9
th

of January 2011. They will vote either to confirm unity of Sudan


and
sustain the system of governance established under the CPA and the INC


or for secession.


The framew
ork for the conduct of the Southern Sudan referendum is specified in the CPA and the
INC, providing guiding principles and timelines. In addition, the process is governed by the
Southern Sudan Referendum Act and organised through the establishment of a Sou
thern Sudan
Referendum Commission based in Khartoum and a Southern Sudan Referendum Bureau based in
Juba.


1.3.2 Abyei Referendum


The organisation of the referendum in Abyei is framed, planned and guided by the CPA, the INC
and by the Abyei Area Referendu
m Act. Through this process, the residents of Abyei will chose,
irrespective of the results of the Southern Sudan referendum, to retain the special administrative
status of the area in the North or to be part of Bahr el Ghazal.


The Abyei Area Referendum
Act, adopted by the National Assembly in late December 2009,
provides a general framework for the conduct of the process. In addition, the establishment of the
majority of the comprehensive and detailed rules and procedures will be managed by the Abyei
Are
a Referendum Commission.


1.3.3 Popular Consultations


The CPA also envisages the organisation of two popular consultations in Blue Nile and Southern
Kordofan states. These two processes aim to allow people of these states to decide whether the
CPA meets t
heir needs and aspirations.


In this respect, the legislatures of each state will establish a Commission (Parliamentary
Commission) which will undertake consultation meetings across the state with key interest groups
in order to asses and evaluate the imp
lementation of the CPA. Afterwards, the Commission will
prepare a report setting the main opinions (including minority opinions) and present
recommendations to national and state governments.

This would allow the governments to negotiate how to rectify an
y shortcoming and ensure the
implementation of the CPA.



1.4.

Institution involved in the organisation of the Referenda and popular
consultations

1.4.1 Southern Sudan Referendum Commission and Bureau

The Southern Sudan Refere
n
dum

will be managed by a Referendu
m Commission (the Southern
Sudan Referendum Commission), in cooperation with the Government of National Unity and the
Government of Southern Sudan. The Commission will be financially, administratively and
technically independent and will have its headquart
ers based in Khartoum. Its structure will be the
following:



Commission Headquarters



Southern Sudan Referendum Bureau (based in Juba)

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Secretariat General (responsible for carrying out the executive, administrative and financial
work of the Commission)



Refer
endum High Committees in the States of Southern Sudan



Referendum Sub
-
Committees in the counties



Referendum Centers (at the local level, in all Counties)

The Commission will assume the following duties and powers:




Organize and monitor the referendum;



Issue

regulations for the referendum and take the executive measures required;



Determine measures, regulations, timeline, registration and polling centres for referendum, as
well as the measures to ensure the maintenance of order, freedom, fairness and secrecy
in the
conduct of registration, polling and to oversee all of the above accordingly;



Control the sorting and counting of ballots, the arrangements of the preliminary referendum
results and declaration of the referendum final results;



Prepare, design and pr
int the ballots for the referendum;



Recruit referendum staff, determine their duties and powers and supervise their functions;



Appoint the members of the Southern Sudan Referendum Bureau upon recommendation made
by the Chairperson of the Southern Sudan Ref
erendum Bureau.


Within the Commission structure, the Southern Sudan Referendum Bureau


based in Juba and
headed by the Deputy Chairperson of the Commission


will be an essential body to which the
Commission can delegate its powers. The Bureau will have,

inter alia, the following powers:




Coordinate between the Commission and the
state
High Committees for Referendum in
Southern Sudan;



Directly supervise the work of the
state
High Committees for Referendum in Southern Sudan to
ensure the fairness and trans
parency of the referendum process relating to registration, polling,
sorting, counting, and aggregation/declaration of the results;



Ensure the availability and reception

of all logistic requirements, supplies, tools and equipments
and their delivery to the

relevant bodies supporting the referendum;



Compile the referendum results from the High Committees for Referendum in Southern Sudan,
announce the results and send them to the Commission.


1.4.2 Southern Sudan 2011 Referendum Task Force

The Government of S
outhern Sudan (GoSS) has a moral obligation to prepare itself for the
referendum and the post
-
referendum periods. In this respect, the Ministry of Presidential Affairs in
the Office of the President of the GoSS organised a symposium
under the theme “
Southe
rn Sudan:
Preparing for 2011 and Beyond
”.
Based on international

experience, the symposium discussed a
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wide range of issues under key

strategic themes that can be regrouped into issues to be agreed
upon by the

parties to the CPA and unilateral issues to be

worked out by the people and

the
G
oSS
.


The symposium came up

with specific recommendations among which the establishment of
a

Southern Suda
n
2011 Taskforce
.”
Without being a part of the referendum process in itself, t
his
Taskforce
should

serve as the co
ordinating body and the

guiding entity for the preparations of
Sout
hern Sudan for its referendum
and the post
-
referendum period. The Task
f
orce
should

facilitate

coo
rdination not only within the GoSS
but also with external partners on the

issues of critical

importance to the effective management of

the

referendum and

the
post
-
referendum

period
.



The primary purpose of the Task
f
orce will be to assist the GoSS to prepare

for and manage the
referendum and
post
-
referendum

challenges.

In addition, t
he work of th
e Task
f
orce will
incorporate support for

the preparation of the Abyei r
eferendum and post
-
referendum
arrangements

relating to area. In this respect, the Taskforce will be structured as following:

-

Oversight Committee

-

Sub
-
Committees

-

Working Groups

-

St
ate Co
-
ordinating Committees

-

Technical Secretariat


The Taskforce will have the following duties:




Assist the GoSS in its efforts to prepare for referendum and post
-
referendum arrangements and
strengthen governance in Southern Sudan;



Bring together relev
ant actors in discussing and formulating strategies and concrete plans to be
undertaken by the GoSS to support the referendum and post
-
referendum period;



Assist in building awareness and seeking opinions of the people of Southern Sudan on critical
issues r
elated to their referendum;



Encourage and invite foreign governments and relevant international organisations such as
African Union, European Union
1
, UNMIS or the World Bank to appoint their own referendum
focal points who will work closely with the Taskfo
rce;



Ensure that concrete actions will be taken by the relevant institutions at all levels of
government in the preparation of the referendum.


1.4.3 Abyei Area Referendum Commission

According to the CPA, the Abyei Area Referendum Commission should be esta
blished by the
Presidency which will also determine its composition. The Abyei Area Referendum Act further
stipulates that the Commission should be established within seven days of the coming into effect of
the act.

Unlike the Southern Sudan Referendum Co
mmission, the Abyei Commission will have the task of
determining eligibility to vote in the referendum. Therefore, the Commission will have the duty to
outline the criteria for the definition of Abyei residency.




1

EU Delegation and EU Office in Juba

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In addition, the Commission will also be re
sponsible for the approval of the referendum budget,
the design of the ballot papers, the registration and voting processes, and the monitoring of the
referendum and issuance of the results.


1.4.3 Popular consultations bodies (Parliamentary Commissions)

A
ccording to the Popular Consultation law (2009), each of the states of Blue Nile and Southern
Kordofan should establish a Parliamentary Commission whose membership shall be drawn from
the members of the Legislative Assembly of the respective state. These C
ommissions might be
funded from a variety of sources, including the state government and international Donors, but no
financing will come from the national government.

The Parliamentary Commissions will be in charge of organising the popular consultations
and will
establish "forums and conferences" to ascertain the views of the people of Blue Nile and Southern
Kordofan regarding the implementation of the CPA. The Commissions should report to their
respective state legislature and make recommendations to sup
port the discussions between the state
governments and the national government in order to address the potential deficiencies of the CPA.


1.5.

Current state of affairs in the relevant sector

The organisation of the referenda and of the popular consultations is

behind schedule. Indeed,
while considerable political attention has been given to the elections, these processes have not
attracted sufficient consideration by the international community. In addition, their structure is still
highly theoretical and has n
ot been established in practice.


Regarding the referenda, the Southern Sudan 2011 Referendum Task Force


supposed to assist in
the preparation of the Southern Sudan Referendum


is still not functional and the South Sudan
Referendum Commission and Bureau

as well as the Abyei Area Referendum Commission


main
actors in the organisation of the referenda


are still to be set up.

The delay in announcing the final
results of the elections, and consequently the postponement of the formation of the new
Governme
nt of Southern Sudan, has
also affected the process
.

The international community is
currently pressing the governments to ensure that these bodies will be established by the end of
May 2010 in order to ensure the timely organisation of the referenda.


The
situation is the same for the popular consultations. Indeed, although recognised as essential,
these processes are currently under
-
funded and under
-
supported. In addition, the Parliamentary
Commissions


bodies that will conduct the consultations and evalu
ate the CPA


has not yet been
formed. However, the government in Blue Nile has established an "Expanded Technical
Committee" in charge of civic education and the Presidential AEC, supposed to prepare a report on
the status of implementation of the CPA, ha
s been established. In Southern Kordofan, a popular
consultation steering committee was formed by the Governor and will undertake the civic
education, and the Presidential AEC has been established.


This delay in the organisation of the referenda and popul
ar consultations has negative impact on
the support to these processes. The Government of National Unity has not yet defined the budget
and the kind of support that it will provide to the referenda and popular consultations, leaving the
Donor community wit
hout a viable counterpart. In this context, the Donors have difficulties to
present a final action plan or to define a budget. At the same time the timeframe is tight and
support should be available as soon as possible.


Finally, the engagement of regional

organisations is important for the organisation of the referenda
and of the popular consultations. In this respect, the
Intergovernmental

Authority

on

Development

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(IGAD) and the African Union High
-
Level Implementation Panel (AUHIP) will both support the
S
outhern Sudan referendum arrangements and post
-
referendum negotiations. While the IGAD
limited its intervention to politically support negotiations between the NCP and the SPLM, the
AUHIP is more involved in the implementation of the CPA.

The AUHIP was cr
eated in July 2008, following a call of the African Union Peace and Security
Council to examine the crisis in Darfur and formulate recommendation to address issues of
accountability and reconciliation in the region. Afterwards, the mandate of the AUHIP was

broadened to both lead in implementing its Darfur recommendation and to assist the Sudanese
parties in implementing the CPA and related processes. In this respect, the AUHIP developed plans
to engage in both preparation for the referendum and discussion o
f the many post
-
referendum
issues and will receive technical support from the EU to implement these activities.


1.6.

Related programmes and other donor activities

The EU

will support the

last stages of the Interim period of the CPA through the project "Support

for stabilisation and referendum related processes in Sudan", financed under the Instrument for
stability (IFS).

This

new
IFS

measure aims to contribute to wider efforts to foster stability in Sudan

in the critical period leading up to
and after the Janua
ry 2011 self
-
determination referendum in
South Sudan.



In this framework
,
the support will
include both (i) technical assistance, with expertise to guide the
process and build the capacity of the relevant bodies and (ii) funds to be provided for the actua
l
referenda and related processes, most likely through a contribution to a basket fund

(with
3.25
M
illion EUR).

T
he EU
support

through the basket fund

will be specifically focussed on the referendum event,

namely developing the voter register and
undertak
ing referendum operations for Southern Sudan
and Abyei, including the logistics planning, training of the staff and a comprehensive voter
education campaign. Support may also be provided for the
popular c
onsultation
s

processes.

USAID will not be part of th
e
basket fund
.
T
heir financial support will be considerable (might
amount to 70 million USD) which means that they will develop and implement their own support
to the referenda and popular consultations and will play a major role
in

assisting the relevant
actors
in implementing the abovementioned processes.


The UK, the Netherlands and Norway will be probably the other major Donors contributing to the
basket f
und and will also provide technical assistance in specific area
s

still to be defined.

In this fram
ework, the role of UNMIS will be essential.
I
ts mandate has been extended to include
the support to the referenda and related processes. In this respect, UNMIS will probably
be
in
charge of the technical and logistical support to the organisation of the re
ferenda and popular
consultations.

However, the
overall

budget that will be devoted by the international community to support the
referenda and popular consultations is still undefined.
T
he technical, financial and logistical needs
for the organisation of
these processes are still imprecise
and

the government of Sudan has not yet
presented the extent of its support.

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2.

OBJECTIVE,

PURPOSE

&

EXPECTED

RESULTS

2.1.

Overall objective

The overall objective of this contract is to support the Republic of the Sudan in the l
ast stages of
the Interim Period for the Comprehensive Peace Agreement which is drawing to a close in July
2011.

2.2.

Purpose

To provide technical assistance (TA) to
the Sudanese institutions and
the African Union High
Level Panel (AUHIP) in order to
ensure

a s
uccessful management of the pre and post Referenda
processes.

2.3.

Results to be achieved by the Consultant

The key expected result
is
:



To provide quality support and advice to the referenda commissions, popular consultation
bodies and the
African Union High Le
vel Panel



Specifically for the contract, the expected results are:



The Project is duly and timely launched and made operational



Technical Assistance (TA) experts are immediately recruited and deployed in Sudan;



The Referend
a

Commissions and the popular
consultation bodies
are
evaluated
and their
technical and administrative
capacity and leadership

are strengthened
;



The different Referenda Commissions
receive sufficient assistance

t
o successfully implement
the Re
ferenda;



The
possible
gaps
in the legal fra
mework
for
the Referendum and popular consultation
processes

are
identified
and the institutions
are
supported
in addressing these issues;



Increased public confidence in the impartial and professional administration of the Referendum
and popular consulta
tions processes
;



Project implementation properly monitored;



Adequate co
-
ordination established and maintained with international Donors, UN agencies and
other relevant interventions supported by the EC and / or other donors during the entire
duration of th
e contract
.

3.

ASSUMPTIONS

&

RISKS

3.1.

Assumptions underlying the project intervention

The two referenda and the popular consultations for South Kordofan and Blue Nile states are well
engraved in the CPA and have the support of both the Government of National Uni
ty and the
Go
vernment of
S
outhern
S
udan
. The commitment to undertake the processes and to abide by the
results appears to be strong.

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Although behind schedule, the establishment of
the South Sudan
Refe
rendum Commission and
Bureau, the Abyei Area Referendum

Commission, the Southern Sudan 2011 Referendum Task
Force and the popular consultation bodies
has already started and will
be strengthened

since the
election process ended. In addition,
although still imprecise,
the international community is
dedicating m
ore time to develop program
s

to support these processes and
ensure their success and
effective implementation.


The organisation of the referenda and popular consultations represent a real challenge for Sudan.
The referenda will transform the country into
a new unified structure or into two different entities.
Therefore, the governmental institutions and the Sudanese need to be prepared and supported to
face this process. In addition, the popular consultations will influence the local population's
decision
to support peace and should contribute to open and inclusive politics in the states
concerned.


3.2.

Risks

The elections have increased tension between the NCP and the SPLM as the latter decided to
boycott the presidential race and the elections in the Norther
n States. Since the NCP is the big
winner of the elections in the North and Al
-
Bashir was re
-
elected president of the Government of
National Unity, the willingness of the NCP is essential for the organisation of the referenda and of
the popular consultatio
ns.


Delays in reaching political agreements
to establish

the different commissions foreseen in the
referenda and popular consultation processes

represent another risk that

could jeopardize the entire
organisation and management of the last stages of the I
nterim Period. Donors and
regional
organis
ations should provide political support and advocate for immediate consultations among the
parties.

Moreover, b
reakdowns in security in Darfur, Kordofan and most states of Southern Sudan could
undermine the entire
processes and popular engagements. Both parties need to address the urgent
need for local peace in the coming year and the UN and the other international actor should
support them.

Internal infighting within the SPLM, as illustrated by the tensions that ha
ve arisen after the
announcement of the electoral results, can further increase the instability in the South. The
different international actors, and notably UNMIS, should try to influence all parties to reach a
peaceful resolution of these tensions.

The S
PLM has expressed its reservations on the mediation role of the AU with the perception that
it has a bias towards the North, namely that they support the unity option. The efforts of the AU to
mediate in the process should be supported by the international

community and it should be
encouraged to present itself as a truly independent player.

Potential voters have limited knowledge on what issues are at stake in the referenda in order to
make an informed choice. This makes them vulnerable for any manipulatio
n by the political forces.
Voter and civic education activities may be hampered by obstruction of political forces.

Finally
, the lack of knowledge among the population of the meaning of the popular consultation
s

procedures and their possible consequences c
ould potentially undermine their impact and
organisation. Political forces could also try to influence the popular choice and direct the resul
ts
according to their interest.

These risks could
only be mitigated by improving
the people's understanding on the

fun
ctioning
and potential of both referenda and popular consultations
and by supporting the stakeholders in
the
organisation of these processes
.

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4.

SCOPE

OF

THE

WORK

4.1.

General

4.1.1
Project description

The assignment will provide TA to support the referenda an
d popular consultations processes
that will take place in 2011 and to inform the
brokerage

activities of the AUHIP led by
President

Mbeki.

The provision of TA will be organised as follows:

-

A Core Team of 3 long
-
term experts


a senior Team Leader, a seni
or Legal Advisor and a
senior Referendum Operations Specialist


will support the institutions involved in the
referenda and popular consultations (see point 1.4) and, in addition
,

assist the EU Delegation
and the EU Juba Office by providing regular inform
ation on the evolution of the processes.


The Team Leader will mainly work in Khartoum with frequent travels to Southern Sudan. The two
other experts will mainly work in Southern Sudan with possible travels to the North.


The use of the incidental budget w
ill be defined after the drafting of a gap analysis and a detailed
action plan.

-

Three other experts will be assigned for four months each to the AUHIP and will support the
mission of the AUHIP to facilitate the negotiations between the two partners of th
e CPA on
key post
-
referendum issues. The experts will focus on issues related to
oil, security, border,
and citizenship, and will be embedded in the AU office in Khartoum.

-

In addition,
7
-
8 short
-
term experts

might be contracted by the Consultant as neces
sary and
recommended by the Team. The Consultant should present CVs of potential short
-
term experts to
the EU Delegation for approval prior to contracting them.


4.1.2
Geographical area to be covered

Sudan


4.1.3
Target groups

The end target group to benef
it from the project is the
general
population of
Sudan. Indeed,
although the referenda and popular consultations are targeting the population of South Sudan,
Abyei, Blue Nile and South Kordofan, all Sudanese will benefit from successful and peaceful

proces
ses. This last step of the CPA will also
strengthen the country's democratic reform
efforts.

Other important groups benefiting directly from the project will be
the
staff trained and
empowered by the activities under this contract: staff responsible for
re
ferenda and popular
consultations

as well as polling officials.


4.2.

Specific activities

4.2.1

Activities undertaken by the
Core Team

a)
Drafting of a gap analysis

The first task

of the Team will be to prepare a gap analysis
within the first two weeks of arriv
al
in
order to map the needs in terms of Technical Assistance required to support the different
institutions involved in the referenda, post referenda and popular consultations processes.

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b) Preparation of an action plan

After having undertaken the gap an
alysis, the Team Leader on behalf of the Team will
also
propose a 6 months action plan of activities to the EU Delegation and to the Republic of the Sudan.


This action plan will include the division of tasks among the 3 Core Team experts, their
geographic
al coverage and initial proposals regarding recruitment of short term experts.

After the agreement of the EU Delegation, the action plan will be sent to the bodies involved in the
referenda and popular consultations in order to conclude a Memorandum of Un
derstanding.


Despite the fact that activities will be better defined after the abovementioned
exercises

will have
been undertaken, the following actions can be forese
en
:


a) Capacity
-
building


Based on the action plan, the team develops appropriate recomm
endations to build and foster the
general capacity of the referenda and popular consultations bodies. In this respect, the Team might
develop and implement a comprehensive training programme for the members of the different
institutions and define, among o
thers, rules of working procedure, operational planning and
modalities of engagement with stakeholders.

b) Support to the referenda

and popular consultation
s

bodies

The Team will assist the relevant institutions with the implementation of their mandate an
d ensure
that they will act according to the legal framework governing the referenda and popular
consultations. The scope of the support will be defined in the action plan according to the need of
each body.
2

c)
Cooperation

with relevant stakeholders

When
appropriate, the Team will develop and implement a comprehensive briefing programme for
all the stakeholders interested in the work of the referenda and popular consultations bodies that
will be used during the implementation of their mandate. This, in tur
n, will enhance collaboration
of the stakeholders with the relevant institutions and support the efficient implementation of the
referenda and popular consultations processes.

d) Post
-
referendum/post
-
popular consultation period

The Team will support the re
ferenda and popular consultations bodies as well as the government
related institution in dealing with the post
-
referendum/post
-
popular consultation period. They will
ensure that the relevant institutions could implement the outcome of these processes and
respect
the will of the Sudanese. This activity will also be defined according to the action plan and the
specific needs of each institution concerned.

e) Reporting

The Team, and especially the Team Leader, will report on the evolution of the processes and

of the
activities implemented by the team to the EU Delegation. This will ensure that the EU Delegation



2

For instance: review of the legal documents related to the referenda in Southern Sudan and Abyei
,

provide recommendations on the
bes
t way to implement, focusing on

a) improving the understandi
ng of the general public/stakeholders (electorate, media, parties)
of the key features of these documents and of the possible outcomes of the processes; and b) providing recommendations to ens
ure
transparency and the democratic character of the referenda

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and the Juba Office will be regularly updated and be able to convey appropriate messages during
Donors, political or technical meetings.


4.2.2

Activit
ies undertaken by the 3 experts supporting the AUHIP

The 3
short term
experts supporting the AUHIP will
be based

in Khartoum and provide specific
technical assistance to the Panel according to their area of expertise (borders, institutions and
minority rig
hts
and citizenship).

They will report both to the African Union and the EU Delegation

in the Sudan
.

4.2.3 Activities undertaken by additional short term experts (if required)

Short terms expert
s

might be recruited if recommended
by the Team and agreed by

the E
U
Delegation and the Sudanese Autho
rities. They will be recruited
ad
-
hoc

to address specific needs
that may rise during the referenda processes.


4.2.4 Activities complementing the TA

Complementary activities (seminars, workshops, training, and publi
cations) are to be defined once
the action plan is drafted.



4.3.

Project management

Responsible body

The
European Union
Delegation in the Republic
of the Sudan
as Contracting Authority is
responsible for managing the contract.

Management structure

Within the
European Union
Delegation
in Sudan
, the
"Operations Section" will monitor the
project.

Facilities to be provided by the Contracting Authority and/or other parties

The Contracting Authority will make available the following information and counterpart suppo
rt
to the prospective
experts
:



The legal documents governing the organisation of the Referenda and popular consultations, as
well as the composition, functioning and powers of the related institutions (Referendum
Commissions, Southern Sudan 2011 Referendum

Task Force, popular consultations bodies)



All relevant reports, documents, data (which of available) etc., related to the Referenda and
popular consultations;



Introduction letters to facilitate the access to relevant stakeholder Ministries, Government
Org
anisations, public organisations, authorities and agencies etc., whose activities and roles are
relevant to the assignment;



Facilitation of the available studies, reports;



Facilitation of the issuance of entry visa for the prospective experts' expatriate
staff;


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5.

LOGISTICS

AND

TIMING

5.1.

Location

As regards the Core Team of 3 experts supporting the referenda and popular consultations the
repartition of their time between Juba, Khartoum (and potentially other places) will be specified
after the gap analysis and
the development of an action plan.


The 3 experts assigned to the AUHIP will be based in Khartoum in the AU office

(some travel
outside of
Khartoum

may be required)
.

5.2.

Commencement date & Period of
performance

The intended commencement date is the date of t
he signature of the contract by both parties and
the period of execution of the contract will be 12 months from this date. Please refer to Articles 21
and 22 of the Special Conditions for the actual commencement date and period of execution.

6.

REQUIREMENTS

6.1.

P
ersonnel

6.1.1. Core Team of 3 experts

Overall, the C
onsultant will provide a
Team Leader
that will head a team of
2

experts (Core
Team) and will also provide, if and when required, short term technical expertise (see below).

Core team:


(1)

Team Leader

(2)

Lega
l Advisor

(3)

Referendum Operations Specialist

Short term expertise will be defined in the early stages of the project’s implementation.

Key expert 1: Team Leader

Location:

Sudan, Other


EU Chief
Technical
Advisor to the Referendum
Commission
-
Sudan

Status:

International Full Time

Duration

12 months


Job Responsibilities: The Advisor will
coordinate the EU assistance and
work closely with the
South Sudan and Abyei Referendum Commissions and popular consultation bodies to provide
advice to ensure the proper

planning, coordination, and execution of upcoming referendum in
South Sudan, the Abyei referendum, and public consultation process
es in 2011. In addition, the
A
dvisor will be the team leader responsible for a team of two other experts (one legal and one o
n
operations). The position
,

based in Khartoum
,

will require
frequent travels to Juba.

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Recalling the repeated limited access of previous (EU) Advisors to national election authorities
and the `fencing policy´ of some other IOs (UNMIS, UNDP etc.) and in re
cognition of the
serious

efforts
of the

EU

financially and on policy level, the team should be positioned in the most
prominent manner possible, to assure the direct access to all relevant national and international
referenda/ public consultations stakehol
ders. In reference to 1) the clear policy advancement of the
EU presence in Sudan to enhance its direct role and subsequently visibility as a development
partner, 2) to the re
-
assignment of various Chief and Senior Advisors (UNMIS; UNDP, IFES,
TCC, NDI, IR
I etc), and 3) in view that the legal and operation experts are to be appointed due to
their distinct expertise as Senior Advisors, and finally 4) in recognition that additional short
-
term
Advisors/Expert
-
Consultants are possibly adding up temporarily to t
he team, The Team Leader
should be classified as “EU Chief Technical Policy Advisor / Team Leader”.

In the first two weeks of the assignment the
Team Leader
will be responsible to prepare a six
months action plan that should be endorsed by the EU delegati
on in Khartoum after the approval
of the EU office in Juba. After the first 6 months, a second action plan will be drafted in close
coordination with the EU Delegation in the Sudan and the EU Office in
Juba follow
ing an
assessment of the first six months o
f activities.



Specific
duties will include:



Build and foster capacity and leadership of Referendum Commissions (RCs) and popular
consultation bodies;



Detailed evaluation of the Referendum Commissions and their administration’s capacity in all
programmati
c or organizational areas, and identification of the limitations and opportunities for
a capacity
-
building technical assistance programs;



Establishment of a technical assistance plan, based on proposed referendum calendars and voter
registration events, an
d identification and prioritization of areas for assistance;



Offering advice on training programs on relevant legal, constitutional, logistical, procedural and
referendum systems, and civic education and other areas for higher
-
level officials in the RCs
a
nd public consultation bodies;



Development of a broad training program for the Commissioners and the referendum
management team, including workshops, contact visits, and provision of comparative materials
for the RCs and popular consultation bodies staff;



Examination of the existing methodologies applied for the training of RC officials and the
extent to which these may have affected the smooth implementation of a training program;



Advise on the general implementation of referendum and public consultation a
ctivities;



Provide an international comparative perspective to the RCs in policy related matters;



Facilitate roundtable discussions with the RCs, international advisors and other relevant bodies
on referendum framework issues;



Develop and maintain constru
ctive working relationship with the diplomatic community,
international and national assistance providers, and program partners;



Deliver regular biweekly updates (progress update) and interim reports (6 months) to EU
Delegation and the EU Juba Office
. The
interim report will also contain a section dealing with
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"future programme assistance" and will lay
-
out some options for additional/complementary
support that could be put in place through EDF
-
programmes;



Prepare and submit a final report detailing the cond
uct of activities, results, and
recommendations at the conclusion of the assignment.


Qualifications



Masters degree in a related field preferred; Bachelor’s required;



At least 15 years of relevant work experience directly related to technical assistance fo
r
referendum, public consultation and electoral systems and processes;



Extensive experience in Elections/referendum systems, good governance, public consultations
and administration, with specific experience in referendum and electoral training and capacit
y
-
building of Referendum Management Bodies (specific experience with designing and
implementing BRIDGE training courses is an asset);



Previous work experience in Sudan is expected;



Regional expertise in the African
-
Arab context of electoral and referenda
affairs is highly
recommended;



On
-
site and medium/long
-
term capacity
-
building of referendum office and public consultation
administration staff;



Demonstrated initiative and problem solving skills;



Strong oral and written communication skills in English; Ar
abic language knowledge is an
asset;



Strong professional and collaborative management skills;



Working knowledge of EU policies and regulations;



Ability to meet deadlines;



Ability to manage and develop local staff;



Prior experience in post
-
conflict countrie
s is required, and experience in Sudan is an asset.



Preferred Attributes
:



Team player



Diplomatic



Leader and Mentor



Creative and Flexible



Problem Solver

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Key expert 2
: <
Senior legal expert >

Location:

Juba South Sudan


Legal Advisor to the Referendum

Commissions,
the Southern Sudan 2011 Referendum Task
Force and the popular consultations bodies

Status:

International Full Time

Duration

12 months


The Legal Advisor will be responsible for providing an analysis of the legal framework governing
the re
ferenda and popular consultations in accordance with international standards, taking into
consideration the country’s constitution, the Referendum laws (Abyei Area Referendum Act, 2009
and Southern Sudan Referendum Act, 2009), and other legal documents rel
evant to the processes
(regulations, guidelines, etc).

The Legal Advisor will work closely with the South Sudan and Abyei Referendum Commission
s

and popular consultatio
ns bodies to provide them with
analysis of the legal framework and
to
support these ins
titutions in complying with these rules. The Legal Advisor should identify the
gaps in the legal framework and advi
s
e the referenda and popular consultations on ways to address
them.

The Legal Advisor will also assist the referenda and popular consultatio
ns bodies in dealing with
the post
-
referenda/post
-
popular consultations period.
I
rrespective of the outcome of these
processes, these bodies will need to be guided and advised on the ways to implement the results.

The Legal Advisor should coordinate closel
y and share information with all the members of the
team but with the Team Leader in particular. The position should be based in Juba with frequent
travel to Khartoum.

Specific duties

will include
:



Be fully familiar with the legal and regulatory framework
for Referendum and popular
consultations as well as international standards governing such processes;



Ensure that Team Leader and the Referendum Operation Specialist are aware of international
standards for Referendum and popular consultations;



Comprehensi
vely analyse the national legislation, in particular concerning constituency
delimitation, voter registration, media, voting, counting and tabulation, and complaints and
appeals;



Asses the compliance of national legislation with international standards gov
erning
Referendum and related processes;



Assess and analyse the legal aspects of the activity of the Referenda and popular consultations
bodies, in particular:

-

the capability of these bodies in interpreting the national legislation in a consistent manne
r;

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-

the compliance of these bodies with the national legislation;

-

the role of these bodies in dispute resolution and Referenda and popular consultation processes
supervision; and

-

the conduct and effectiveness of complaints and appeals processes.



Att
end important meetings of the Referenda and popular consultations bodies;



Meet regularly with judicial and other relevant bodies, and attend court hearings relating to
complaints and appeals;



Brief mission members on important legal issues;



Report on any r
elevant issues for the Referenda and popular consultations processes.


Qualifications:



Masters degree in law with specialisation in public and international law;



At least 15 years of relevant work experience directly related to legal assistance for good
go
vernance and/or electoral systems and processes, referendum and public consultation;



Extensive experience in Elections/Referendum systems, good governance, public consultations
and administration, with specific experience in Referendum and electoral traini
ng and capacity
-
building of Referendum Management Bodies (focusing on the legal aspect of their function);



On
-
site and medium/long
-
term capacity
-
building of Referendum office and public consultation
administration staff;



Proven knowledge of and field exper
ience of EU policies and programmes in the area of human
rights, democratization and good governance;



Good experience of EC development cooperation policies;



Demonstrated initiative and problem solving skills;



Strong oral and written communication skills
in English, Arabic language knowledge is an
asset;



String professional and collaborative management skills;



Working knowledge of EU policies and regulations;



Ability to meet deadlines;



Ability to manage and develop local staff;



Prior experience in post
-
con
flict countries is required, and experience in Sudan is an asset.


Preferred Attribute:



Team player

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Diplomatic



Educationalist



Creative and Flexible



Problem solver

Key expert 3:
<
Senior Referendum Operations Specialist
>


Location:

Juba South Sudan

Divisi
on

Program Management

Status:

Consultant

Duration

12 months


The Specialist will provide much of the day
-
to
-
day support to the
South Sudan and Abyei
Referendum Commissions and popular consultation bodies

in the implementation of the technical
assistanc
e and in identifying other areas of the institutions' operational plan that may require
further assistance.


Job Responsibilities:



Conduct a thorough assessment of the Referendum chronogram as well as the status of all
logistical operations involved at b
oth the national and local levels;



Advise, assist and strengthen the referendum commission capacities in developing early
warning systems to identify possible operational threats for future electoral events;



Provide advice, assistance and coordination wit
h regards to general operational and financial
planning within the referendum Commission;



Work with the referendum commission to develop operational plans for any upcoming electoral
events;



Coordinate her/his work with other EU and Referendum Advisor spec
ialists and advisors
already on the ground.


Qualifications:



Minimum of ten (10) years of experience in electoral operations;



Distinct work experience in development cooperation and/or technical assistance is required;



Excellent and proven bilingual langu
age capabilities in English and preferably in Arabic;



Strong interpersonal and communication skills;

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Demonstrated ability to think strategically and transmit his/her vision to partners and
colleagues;



Graduate degree in relevant field;



Familiarity with pol
itical, economic and social issues in Sudan and the region;



Thorough work expertise with different international organisations and development partners
(i.e. UNOPS, UNDP, GTZ, DFID, CIDA etc.);



Ability to work in difficult environments;



Successful candida
te will be able to demonstrate maturity, sound judgment, cultural sensitivity
and diplomatic tact.



Preferred Attributes:



Team player



Diplomatic



Educationalist



Creative and Flexible



Problem solver


6.1.2 Short
-
term experts supporting the AUHIP


Reflecti
ng the importance of post
-
2011 arrangement for Sudan, the AUHIP has identified as one of
its priorities the facilitation of negotiations between the NCP and the SPLM on key post
-
referendum issues.

Among these issues, the Southern Sudan Referendum Act stre
ssed four priority areas, namely oil,
security, borders and citizenship. In this respect, three short
-
term experts will be contracted for 4
months in order to assist the AUHIP's mission in Khartoum. According to their field of expertise,
these experts will

ensure that the AUHIP will be regularly informed and guided in the support it
wants to provide as an impartial broker to the parties.

More specifically and as requested by the African Union, the experts will have the following
profiles:

Short
-
term expert

1:

Location:

Khartoum, Sudan


Senior Legal Specialist on borders issues

Status:

Consultant

Duration

4

months


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The North
-
South border in Sudan poses many challenges in terms of delimitation and management
of shared resources and communities that strad
dle the borders. Irrespective of the outcome of the
Southern Sudan referendum, this issue will need solutions in order to ensure the peaceful
coexistence of the border communities.

In this respect, the Legal Specialist on borders issues will have to develo
p proposals and
recommendations that the AUHIP might convey to the parties.

Based on his/her strong experience in dealing with borders issues, the Legal Specialist will define,
during the first two weeks of his/her assessment, a scope of actions together w
ith the AUHIP and
the other experts involved in this domain. These actions will be detailed in an inception report


shared with the EU Delegation in Khartoum


which will frame the work of the Legal Specialist.

Specific duties
would

include
:



Be fully fami
liar with the legal and regulatory framework

related to borders demarcations
;



Identify the challenges of border delimitation
;



Develop recommendation on the definition and demarcation of remaining North
-
South border;



Identify target populations for cross
-
bo
rders rights and define the scope of these rights;



Present proposal on ways to protect the rights of cross
-
border populations;



Identify activities allowed on both sides of the border and define security arrangement for
crossing;



Develop recommendation to f
rame and establish a dispute resolution mechanism for border
disputes or areas that remain contested;



Clarify customs and security regime for border movement in order to promote cross border
economic cooperation;



Provide regular update to the AUHIP and the

EU Delegation;



Prepare and submit a final report to the AUHIP and the EU Delegation in Khartoum detailing
the recommendations at the conclusion of the assignment.


Qualifications:



Masters degree in law
;



At least
10

years of relevant work experience direct
ly related
to border and cross
-
border issues
;



Extensive experience in
border delimitation, cross
-
border issues, dispute resolution mechanism
and any other activities link to border issues;



Demonstrated initiative and problem solving skills;



Strong oral and

written communication skills in English, Arabic language knowledge is an
asset;



Strong report writing and presentation skills required
;


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Str
o
ng professional and collaborative management skills;



Ability to meet deadlines;



Prior experience in post
-
conflict
countries and experience in Sudan is an asset.


Preferred Attribute:



Team player



Diplomatic



Creative and Flexible



Problem solver


Short
-
term expert 2
:

Location:

Khartoum, Sudan


Senior Legal Specialist on minority rights and
citizenship

Status:

Consultan
t

Duration

4

months


In the event of separation or unity arrangements, the situation of minority groups in both North and
South Sudan will become crucial. Indeed, these groups


defined around a particular ethnic, racial
or religious pole


are likely t
o feel more isolated and their future is put at risk, especially in case
of secession. Their situation needs to be assessed in order to find ways to ensure their security
irrespective of the outcome of the referenda.

In this respect, the Legal Specialist o
n minority rights and citizenship will have to develop
proposals and recommendations that the AUHIP might convey to the parties.

Based on his/her strong experience in dealing with minority rights, the Legal Specialist will define,
during the first two wee
ks of his/her assessment, a scope of actions together with the AUHIP and
the other experts involved in the sector. These actions will be detailed in an inception report


shared with the EU Delegation in Khartoum


which will frame the work of the Legal Sp
ecialist.


Specific duties
would

include
:



Be fully familiar with the legal and regulatory framework

related to the minorities in the Sudan
;



Identify the target minority groups (that might be endangered) and define the scope of their
rights
;



Present proposa
l on ways to protect the rights of the minority groups;

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Determine the citizenship status for Southerners in the North and Northerners in the South;



Determine continued rights of Southerners in the North and Northerners in the South;



Define residency requir
ements/status in case of separation or new system of unity;



Enhance coordination with the to be established Human Rights Commission;



Provide regular update to the AUHIP and the EU Delegation;



Prepare and submit a final report

to the AUHIP and the EU Delega
tion

in Khartoum detailing
the recommendations at the conclusion of the assignment.

Qualifications:



Masters degree in law or social sciences with specialisation in human rights;



At least 10 years of relevant work experience directly related to legal assist
ance for minority
groups or individuals;



Extensive experience in
dealing with minority groups, protection of minority rights, citizenship
issues and any other issues related to minority rights and citizenship;



Demonstrated initiative and problem solving sk
ills;



Strong oral and written communication skills in English, Arabic language knowledge is an
asset;



Strong report writing and presentation skills required
;




Stro
ng professional and collaborative management skills;



Ability to meet deadlines;



Prior experie
nce in post
-
conflict countries
and
experience in Sudan is an asset.


Preferred Attribute:



Team player



Diplomatic



Creative and Flexible



Problem solver


Short
-
term expert 3
:

Location:

Khartoum, Sudan


Senior
Specialist
on
institutions

building

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Status:

Cons
ultant

Duration

4

months


The division of Sudan into separate states

or the development of a new unified structure

will
require a transitional period in which joint or shared institutions continue to function. These range
from existing service ministrie
s (agriculture, health, etc.) to institutions that manage common
assets and resources (banks, river basin management systems).
Therefore, the Sudanese institutions
have to be guided and prepared to face these transformations.

In addition, in a separate or
new unified Sudan, institutions in the North and in the South will need
to develop effective and peaceful relationships. Therefore, it will be essential to build
interdependence between these bodies and foster integration between the North and the South.

In this respect, the Legal Specialist on institutions will have to develop proposals and
recommendations that the AUHIP might convey to the parties.

Based on his/her strong experience in dealing with post
-
conflict situations and institutions
building, the
Legal Specialist will define, during the first two weeks of his/her assessment, a scope
of actions together with the AUHIP and the others experts in the sector. These actions will be
detailed in an inception report


shared with the EU Delegation in Kharto
um


which will frame
the work of the Legal Specialist.


Specific duties

would

include
:



Identify the gaps in
the relations between institutions
in the North and in the South;



Identify ways to foster integration and interdependence between Northern and Sout
hern
institutions;



Be fully familiar with the legal and regulatory framework
;



Identify the institutions that need to be prepared or guided during the transitional period;



Identify the risks faced by institutions in case of secession or with a new unified s
tructure;



Develop proposal to prepare or guided the institutions concerned during the transitional period;



Establish trainings to foster the capacity of the institutions concerned;



Provide regular update to the AUHIP and the EU Delegation;



Prepare and subm
it a final report to the AUHIP and the EU Delegation in Khartoum detailing
the recommendations at the conclusion of the assignment.


Qualifications:



Masters degree in law with specialisation in public and international law,
in public
administration or econ
omics
;



At least 10

years of relevant work experience directly related to
good governance, institution
building and economic and public sector integration
;

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Successful implementation of programmes in the field of institution building and administrative
refor
m in developing or
post
-
conflict countries;



Demonstrated initiative and problem solving skills;



Strong oral and written communication skills in English, Arabic language knowledge is an
asset;



Strong report writing and presentation skills required
;




Stro
ng
professional and collaborative management skills;



Ability to meet deadlines;



E
xperience in Sudan is an asset.


Preferred Attribute:



Team player



Diplomatic



Creative and Flexible



Problem solver


6.1.3
Other experts

CVs for experts other than the key experts
are not examined prior to the signature of the contract.
They should not
be

included in tenders.

The Consultant shall select and hire other experts as required according to the profiles

identified in
their Organisation & Methodology
.
All experts must be i
ndependent and

free from conflicts of
interest in the responsibilities accorded to them
.
The addition of relevant experience from the
region
will be viewed positively
.


The selection procedures used by the Consultant to select these other experts shall be

transparent,
and shall be based on pre
-
defined criteria, including professional

qualifications, language skills
and work experience. The findings of the selection panel

shall be recorded. The selection of
experts shall be subject to approval by the Contrac
ting

Authority.

Note that civil servants and other staff of the public administration of the beneficiary

country
cannot be recruited as experts, unless prior written approval has been obtained

from the European
Commission.


6.1.4
Support staff & backstoppi
ng

Backstopping costs are considered to be included in the fee rates.

T
he costs of support staff must be included i
n the fee rates of the experts.


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6.2.



Office accommodation

Office accommodation of a reasonable standard for each expert working on the contract

is to be
provided by the
Consultant
.



6.3


Facilities to be provided by the Consultant

The Consultant shall ensure that experts are adequately supported and equipped. In particular it
shall ensure that there is sufficient administrative, secretaria
l and interpreting provision to enable
experts to concentrate on their primary responsibilities. It must also transfer funds as necessary to
support its activities under the contract and to ensure that its employees are paid regularly and in a
timely fash
ion.

The Consultant is required to provide adequate accommodation to the long term expert and

the
short
-
term experts. It needs to be noted that hotel accommodation in Southern Sudan

and in
particular in Juba is expensive (150
-
200 $ per day for a reasonable

basic

accommodation) and the
offer for apartments/houses for rent is very limited and costly.

The Consultant will ensure the provision of IT equipment and internet connections to the

long term
expert and the office support staff as well as for each of the

short
-
term experts. In

addition, all the
experts will have mobile phone connectivity. The costs related to the above

and the running cost
for communications must be included in the contract fee rates.

If the Consultant is a consortium, the arrangements sh
ould allow for the maximum flexibility in
project implementation. Arrangements offering each consortium member a fixed percentage of the
work to be undertaken under the contract should be avoided.

Please see the explanatory note to the budget breakdown to

note all costs which must be

covered
by the fee rates. Please note that the visa costs will not be reimbursed. However

for your
calculation you have to note that in the Southern Sudan they are quite substantial

(visa and
temporary residence permit for 6 m
onths
approximatel
y costs 1052US$).


6.4

Equipment

No

equipment is to be purchased on behalf of the Contracting Authority / beneficiary country as
part of this service contract or transferred to the Contracting Authority / beneficiary country at the
end of

this contract.


6.5

Reimbursables

The
Reimbursables

cover the eligible
travel and transport costs

and incidental expenditures
incurred under this contract. It cannot be used for costs which should be covered by the Consultant
as part of its fee rates, a
s defined above.
The financial evaluation of tenders only considers the
total fees and not the reimbursables.

The reimbursables comprise of:



Travel

Travel and transport borne by the Contracting Authority as specified in the Explanatory note to the
Budge
t Breakdown. This heading includes international travels, national travels, luggage and per
diem. The tenderer shall estimate the costs and insert in the Budget Breakdown.

An allocation of field visits for the Team Leader should be budgeted for.

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Given the

difficult living and working conditions in Southern Sudan, a total of two
international/national trips should be foreseen for each of the 3 Core team members.



Incidental expenditures

The Provision for incidental expenditure covers the ancillary and except
ional eligible expenditure
incurred under this contract. It covers:



Potential activities to be undertaken and implemented, following recommendation of the
experts and with prior approval of the EU Delegation and Sudanese Authorities;

The Provision for inci
dental expenditure for this contract is
50.000 EUR
. This amount must be
included without modification in the Budget breakdown. All incidental expenditure incurred in the
course of the contract

as required by this Terms of Reference is to be invoiced at act
ual cost. Any
cost related to the payment of an incidental expenditure, such as bank
-
charges, is included.


7.

REPORTS

7.1.

Reporting requirements

Please refer to Article 26 of the General Conditions. Interim reports must be prepared every six
months during the p
eriod of implementation of the contract. They must be provided along with the
corresponding invoice, the financial report and an expenditure verification report defined in Article

28 of the General Conditions. There must be a final report, a final invoice
and the financial report
accompanied by an expenditure verification report at the end of the period of execution. The draft
final report must be submitted at least one month before the end of the period of execution of the
contract. Note that these interim

and final reports are additional to any required in Section 4.2 of
these Terms of Reference.

Each report shall consist of a narrative section and a financial section. The financial section must
contain details of the time inputs of the experts.

In addit
ion p
rogress updates of maximum 5 pages (main text, excluding annexes) will be submitted
in electronic format every two weeks for the duration of the contract


7.2.

Submission & approval of progress reports

A mid
-
term progress report will be produced after 6 mo
nths since the start of the contract and will
provide information on the activities carried out in preparation for the

referenda

in the period
preceding the referenda
date.

Progress updates of maximum 5 pages (main text, excluding annexes) will be submitte
d in
electronic format every two weeks for the duration of the contract, highlighting in a very concise
way progress to date and success/risk factors, for trouble
-
shooting purposes to be dealt with by the
EC and present other relevant information gathered
by the consultant.

The final report will not exceed 80 pages (main text, excluding annexes) to be submitted in
electronic format at the end of the assignment. Comments will be submitted by the relevant E
U

units involved within 2 weeks since reception of t
he document. The narrative section of the final
report will focus on highlighting best practices and presenting the key factors that guaranteed the
achievements of positive results or that led to negative outcomes on specific issues.

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The mid
-
term and the
final report should be submitted in English, electronically and in 2 hard
copies, to the E
U

Delegation for its revision and approval. The Project Manager is responsible for
approving all the reports submitted.

8.

MONITORING

AND

EVALUATION

8.1.

Definition of indica
tors

The EC Delegation will ensure permanent follow
-
up and monitoring of the activities covered by
this contract and will maintain permanent communication with the technical assistance team.



Timely deployment of key experts in country;



A gap analysis is p
roduced within two weeks since the starting of the assignment;



A detailed action plan is provided within a month from the starting of the assignment of the
Team
for a duration of the first

6 months
;



T
he Referendum Commission

follows an indicative
Referend
um
Operational Plan with the
indications of activities, budgets and timeline for ensuring the
referendum is
implemented
;



T
he Abyei Referendum Commission

follows an indicative
Referendum
Operational Plan with
the indications of activities, budgets and timel
ine for ensuring the
Referendum
is implemented
;



The Popular Consultations are organised in a timely fashion.


8.2.

Indicative time
-
table

in months


M1

M2

M3

M4

M5

M6

M7

M8

M9

M10

M11

M12

Core Team
recruited/deployed













Gap Analysis & Action
Plan













Support to
referenda/consultation
bodies













Short
-
Term Experts













AUHIP Experts













Progress

Reports













Mid
-
Term Progress
Report













Final Report















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8.3.

Special requirements

No special requir
ements are envisaged.