ELABORATION OF AN AFRICAN UNION MANUAL ON SANCTIONS IN SITUATIONS OF UNCONSTITUTIONAL CHANGES OF GOVERNMENT IN AFRICA

Of the many challenges facing Africa, the quest for peace and security is certainly the most pressing. Africa has witnessed the resurgence of unconstitutional changes of government over the past few years, with the most recent taking place in 2008 and 2009. This resurgence constitutes a very disturbing trend and serious setback to the on-going process of democratization in the continent. Given this trend and the manifestations of undemocratic changes of government in Africa, it has become imperative to put in place further practical strategies and measures with a view to strengthening the existing African Union (AU) institutional arrangements for preventing and combating unconstitutional changes of government in the continent.
In this regard, the Peace and Security Council (PSC), held a retreat in Ezulwini, Kingdom of Swaziland from 17 to 19 December 2009, within the perspective of the overall efforts of the African Union to combat and prevent unconstitutional changes of Government in Africa. Subsequently, the 178th meeting of the PSC held on 13 March 2009, among other aspects, requested the Commission to elaborate an AU Manual on Sanctions.
At the Ezulwini PSC Retreat, and based on a renewed determination and a stronger cooperation of PSC Member States, the following principles were adopted to guide the new momentum against the scourge of unconstitutional changes of Government:
  1. Coups d’état are illegal and totally unacceptable;
  2. Perpetrators of coups d’état shall be liable for prosecution before the African Court of Justice and Human Rights;
  3. The African Court of Justice and Human Rights should be given the necessary competence to prosecute perpetrators of unconstitutional change of government;
  4. Perpetrators of coups d’état shall not stand for elections conducted for return to constitutional order;
  5. Perpetrators of coups d’état shall not constitute obstacles by negatively influencing the conduct of a transition towards the return to constitutional order;
  6. Constitutions shall not be manipulated in order to hold on to power against the will of the people;
  7. Constitution-making or constitutional review processes shall not be driven by personal interests and efforts aimed at undermining popular aspirations;
  8. Military/security forces shall not interfere in the transition towards the return to constitutional order;
  9. Fostering of conditions conducive for a return to constitutional order;
  10. Sanctions shall apply in a graduated manner from the moment that an unconstitutional change of government takes place.
Furthermore, it is worth recalling paragraph 19 of the Ezulwini Framework for the Enhancement of the Implementation of Measures of the AU in Situations of Unconstitutional Changes of Governments in Africa, which reads as follows: “In order to facilitate speedy response to unconstitutional changes of government with measures intended to minimize adverse impact on civilian populations, a manual on sanctions providing for the categories of measures that could be applied in such cases, as well as guidelines for the granting of exemptions from the sanctions measures shall be elaborated taking into account the existing relevant AU instruments, such as the Lomé Declaration, the Constitutive Act and the Peace and Security Council Protocol. The manual shall provide, inter-alia, for a gradual process in the application of the different categories of sanctions set out in the existing legal instruments relating to unconstitutional changes of government, as well as other measures that may be deemed necessary by the PSC. The manual shall also provide guidelines for the granting by the PSC of exemptions from the sanctions measures.”

Duties and Responsibilities

This consultancy is in implementation of the decision adopted by the PSC at its 178th meeting, held on 13 March 2009, to establish a Committee on Sanctions within the perspective of the overall efforts of the AU to combat and prevent unconstitutional changes of the Governments in Africa, and the request to the AU Commission to elaborate an AU Manual on Sanctions.
Consultancy Description
The consultant is tasked with the following:
  • Elaborating an AU Manual on Sanctions, building on the AU existing instruments to combat and prevent unconstitutional changes of Governments in Africa, the efforts deployed thus far and relevant decisions of AU Policy Organs;
  • Developing measures that could be applied to minimize adverse impact on civilian populations during implementation of sanctions measures in situations of unconstitutional changes of Government;
  • Developing guidelines for the granting of exemptions from sanctions measures, taking into account the existing relevant AU instruments;
  • Developing a graduated formula/model of implementation of different categories of sanctions measures in situations of unconstitutional changes of Government;
  • Drawing actionable options for implementation and follow-up.
Oversight and Coordination
The consultancy will be administered by Peace and Security Council Secretariat. The consultant will report, through the Secretary of the PSC, to the Director of the Peace and Security Department. He/she will also, with the facilitation of the Secretary of the PSC, work closely with AUC Departmental Focal Points for the Elaboration of an AU Manual on Sanctions.
Timelines
The timelines for the consultancy will be as follows:
A draft of the Manual on Sanctions should be submitted to the Department by 19 October 2011. The Department will react to the draft and convey its comments and observations by 25 October 2011;
The final draft should be submitted by 31 October 2011, after the comments/ observations are given to the consultant.

Competencies

  • Excellent knowledge of current political, social and economic developments in Africa and the World;
  • Ability to work with minimum supervision;
  • Good command of at least one of the AU working languages. Proficiency in a second language of the AU will be an advantage;
Documents to be included when submitting the proposal:
Interested individual consultants must submit the following documents/information to demonstrate their qualifications:
  • Proposal: (not more than 450 words) (i) explaining why they are the most suitable for the work and (ii) providing a brief methodology on how they will approach and conduct the work (if applicable);
  • Financial proposal: indicate monthly fee;
  • Personal CV including past experience in similar projects and at least 3 references.
Financial Proposal: Payment of lump sum should be proposed in a separate sheet.

Required Skills and Experience

  • An advanced degree in Political Science, International Relations or relevant field
  • 6-10 years relevant experience and knowledge in the area of work
Evaluation:
Individual consultants will be evaluated based on the following methodologies: Cumulative analysis
The award of the contract shall be made to the individual consultant whose offer has been evaluated and determined as:
a) responsive/compliant/acceptable, and
b) Having received the highest score out of a pre-determined set of weighted technical and financial criteria specific to the solicitation.
* Technical Criteria weight; 70%
* Financial Criteria weight; 30%

Only candidates obtaining a minimum of 49 point and above would be considered for the Financial Evaluation

Criteria
Weight
Max. Point

Technical (based on CV, Proposal and Interview)

Minimum educational background and work experience (CV)

10%
10
Understanding of scope of work and methodology (From Proposal)
20%
20
Individual Competencies (Interview)
40%
40

UNDP is committed to achieving workforce diversity in terms of gender, nationality and culture. Individuals from minority groups, indigenous groups and persons with disabilities are equally encouraged to apply. All applications will be treated with the strictest confidenc
ELABORATION OF AN AFRICAN UNION MANUAL ON SANCTIONS IN SITUATIONS OF UNCONSTITUTIONAL CHANGES OF GOVERNMENT IN AFRICA ELABORATION OF AN AFRICAN UNION MANUAL ON SANCTIONS IN SITUATIONS OF UNCONSTITUTIONAL CHANGES OF GOVERNMENT IN AFRICA Reviewed by Unknown on 9:04:00 AM Rating: 5

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