RE-ADVERTISEMENT: CALL FOR CONSULTANT TO CONDUCT A BASELINE STUDY ON COURT-DIRECTED CONSTITUTIONAL REFORMS IN UGANDA
Location (Duty Station) : Kampala, Uganda
Application Deadline : 08/05/2023
Type of Contract : Consultancy Services Contract
Contract Duration : (Spread within 30 Days)
Starting Date : 12/05/2023
Reports to Executive Director
I.0 Background and Introduction
Uganda has undergone significant constitutional changes since its independence in 1962. The country's current 1995 Constitution has been the subject of several court cases over the years, and there have been several pronouncements by the courts regarding its interpretation and implementation. These court-directed constitutional reforms have been aimed at addressing various issues in the constitution including the protection of human rights, the separation of powers, and the independence of the judiciary.
Court-directed constitutional reforms have been implemented in response to various legal challenges as well as public pressure.
While some court pronouncements related to constitutional reforms have been implemented, the process has in some cases been slow while others remain unimplemented to date, leading to concerns about the state of constitutionalism in the country. It is therefore, important to conduct a baseline study on court-directed constitutional reforms in Uganda to assess the extent of their implementation and impact on constitutionalism in the country. Additionally, it is vital to ascertain the justifications behind the non-implementation.
2.0 The Purpose of the Call
The purpose of this call is to invite qualified firms or individuals to conduct a baseline study on court-directed constitutional reforms in Uganda arising from the 1995 Constitution. The study aims to document court-directed constitutional reforms and assess the extent to which they have been implemented and their impact on constitutionalism in Uganda. The study will involve a desk review of court decisions related to constitutional reforms in Uganda and key informant interviews with stakeholders who have knowledge of the implementation of court pronouncements related to the constitution.
The baseline study will provide a comprehensive analysis of the implementation of court pronouncements on the constitution and the implications of their implementation or non-implementation on constitutionalism in Uganda. The study is also expected to inform debate on constitutionalism in the country, with a view of interrogating the impact of court decisions on constitutionalism in Uganda.
2.1. Scope of the Analysis
The call will focus on the following five (5) themes:
i) Electoral reform related matters
ii) The system of government for Uganda
iii) Safe guards for peaceful transfer of power such as age and term limits
iv) Political party organizing
v) Human Rights including Personal freedoms, rights to assembly, expression and association
2.2. The key questions for the analysis
The major questions for the analysis are as below:
i) What were these reforms? From which court and their import?
ii) Were they implemented? If yes how? And if no, why not?
iii) If implemented, how have they impacted constitutionalism or constitutional development in Uganda?
iv) If not implemented, what did the country miss in relation to its constitutional development trajectory?
3.0 Terms of Reference
1. Conduct a desk review of court decisions related to constitutional reforms in Uganda focusing on decisions of the constitutional court, and other courts in Uganda, and as per the scope outlined in 2.1. above.
2. Conduct key informant interviews with stakeholders who have knowledge of the implementation of court pronouncements related to the constitution and constitutionalism in Uganda.
3. Analyze the implementation of court pronouncements on the constitution and the implications of their non-implementation on constitutionalism in Uganda.
4. Provide a comprehensive report on the findings of the study, including recommendations for further action.
5. Present the findings of the study to stakeholders and facilitate a discussion on the implications of the study for constitutionalism in Uganda.
4.0 Qualifications and Competencies required
A) Competencies:
i) Knowledge of constitutional law and reform: The consultant should have a strong understanding of the principles of constitutional law and the process of constitutional reform in Uganda.
ii) Research and analytical skills: The consultant should have the ability to conduct desk research, gather and analyze data, and synthesize information.
iii) Writing and documentation skills: The consultant should have excellent writing skills, be able to present information clearly and succinctly, and have experience in authoring analytical reports and publications.
iv) Project management: The consultant should have the ability to manage a project from start to finish, including managing timelines, budgets, and stakeholders.
v) Interpersonal and communication skills: The consultant should have strong interpersonal skills, be able to effectively communicate with stakeholders, and have the ability to build relationships and negotiate with different actors.
vi) Familiarity with the political, social and economic context in Uganda: The consultant should have an understanding of the political, social, and economic context in Uganda, including knowledge of the country's history, governance structures, and current reform efforts.
B) Qualifications
i) A graduate qualification in Law;
ii) Evidence of knowledge on governance in Uganda, with a bias on constitutional and electoral matters;
iii) Previous studies conducted on constitutional and electoral reform matters within the past 10 years will be an added advantage.
5.0 Key Deliverables
The consultants shall be expected to deliver the following:
1. An inception report;
2. An analytical paper on court directed reforms and level of their implementation.
6.0 Assignment Duration
The assignment will be conducted for a period of one month spread from 12 May, 2023 to 11 June, 2023
7.0 Consultancy Fees
Applicants must submit a financial proposal to be evaluated along with a technical proposal. Kindly note that the financial proposal carries equal weight as the technical proposal.
8.0 Application Procedure
Interested individuals should submit a technical and financial proposal not later than 8 May 2023 to the Executive Director, Kituo cha Katiba, Plot 7, Estate Link Road, Naguru via email at: ekibalama@kituochakatiba.org copied to james.nkuubi@kituochakatiba.org; iaketch@kituochkakatiba.org and kituo@kituochakatiba.org