Terms of reference
Toolkit for Security Sector Reform and Governance in West Africa
Tool 7:
The role of non-state justice and security actors in security sector reform
Invitation to tender
Geneva, September 30, 2019,
Dear Sir / Madam,
We kindly request submissions under the tender for the recruitment of an expert(s) to produce a "Practical guide on the role of non-state actors of justice and security in the reform of the sector security in West Africa".
Submissions can be submitted electronically until October 30, 2019, to the following address:africa.programme@dcaf.chYour submission must be in English or French and have a minimum validity of 60 days.
The proposed services will be reviewed and evaluated based on the completeness and compliance of the bid with the criteria specified in the Terms of Reference. The bid that meets all the requirements and has the best quality / price ratio will be selected for award of the contract. DCAF reserves the right to modify (upward or downward) the valuation of services, up to a maximum of twenty-five percent (25%) of the total amount of the offer. Please ensure that your proposal is signed in PDF format.
The bid that meets all the evaluation criteria and has the best quality / price ratio will be selected for award of the contract. Any offer that does not meet the requirements will be rejected.
DCAF requires that each potential service provider prevent and avoid conflicts of interest. DCAF has zero tolerance for fraud and other prohibited practices and undertakes to prevent, identify and deal with all such acts and practices against DCAF, as well as third parties involved in DCAF activities. DCAF expects all service providers to adhere to the DCAF Code of Ethics, available at:
www.dcaf.ch/sites/default/files/publications/documents/DCAF_Code_of_Ethics_web_0.pdf.
We thank you and look forward to your submission.
Regards,
Anne Bennett, Head of Division,
DCAF-Sub-Saharan Africa (SSAD)
Chemin Eugène-Rigot 2E,
1202 Genève (Suisse)
Annex 1: Description of the call for tenders
Background
The Toolkit was developed by the Geneva Center for Security Sector Governance (DCAF) at the request of ECOWAS. The Tools are written by West African experts and have been reviewed by an Editorial Committee of world-renowned researchers and practitioners.
Implementing partner
ECOWAS
Brief description of the services required
Documents to be submitted to participate in the call for tenders
Place of delivery
ECOWAS Zone
Specific condition
The author(s) must assert the nationality of one of the member countries of the Economic Community of West African States (ECOWAS).
Expected start date
Upon signature of the contract
Bid Validity (from the last day of submission of bids)
60 days
Terms of payment
The remuneration for this assignment is a lump sum of CHF 4.000 paid in a single payment upon submission and after validation by DCAF of the quality of the deliverable. An author contract will be established and signed to clarify the contractual arrangements.
Evaluation Criteria
Person (s) to review / inspect / approve the completed services / services and authorize payment
The DCAF Sub-Saharan Africa Division head.
Contact persons for inquiries
(Written inquiries only)
Fiona Schnell, F.schnell@dcaf.ch
ANNEX 2: TERMS OF REFERENCE
Proposal for the drafting of a practical guide on the agency of non-state actors of justice and security in security sector reform
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Toolkit for Security Sector Reform and Governance in West Africa
CONTEXT
About the Toolbox
DCAF - Geneva Centre for Security Sector Governance is developing a Toolkit for Security Sector Reform and Governance in West Africa, an eight-part publication aimed at supporting the implementation of the regional normative framework of the Economic Community of West African States (ECOWAS) on the reform and governance of the security sector.
What is the Toolbox?
The objective of this resource is to support the implementation of the regional normative framework of the Economic Community of West African States (ECOWAS) on the reform and governance of the security sector. By providing practical advice and guidance based on regional experience and tailored to the West African context, the Toolkit aims to facilitate policy design, as well as the implementation and management of the sector reform processes. security (SSR) at the national level.
Who is the Toolbox for?
The Toolkit has been developed as a resource for the ECOWAS Commission and all national stakeholders within ECOWAS Member States, including the executive, the parliament, the judiciary, statutory oversight institutions and civil society. It can also be useful to other actors involved in West African security sector reform (SSR) processes, such as international partners.
How is the Toolbox organized?
The Toolkit consists of eight thematic publications, called Tools:
Tool 1: Political Leadership and National Ownership of Security Sector Reform Processes
Tool 2: Security Sector Reform Programming
Tool 3: Good financial governance of defence and security institutions
Tool 4: Effective Management of External Support to Security Sector Reform
Tool 5: Parliamentary Oversight of the Security Sector
Tool 6: Involving Civil Society in Security Sector Reform and Governance
Tool 7: Non-State Justice and Security Actors and Security Sector Reform
Tool 8: Integrating Gender in Security Sector Reform and Governance
Who is behind the project?
The Toolkit was developed by theGeneva Centre for Security Sector Governance (DCAF) at the request of ECOWAS. The Tools are mainly written by West African experts and have been reviewed by an Editorial Committee of world-renowned researchers and practitioners. The members of this Committee are West African security sector reform and governance experts with long experience and excellent knowledge of the region. The production of the Toolkit was made possible thanks to the financial support of the Ministries of Foreign Affairs of the Kingdom of Norway and the Swiss Confederation.
Tool 7: The role of non-state justice and security actors (NSA) in security sector reform
Tool 7 derives from the initial observation that non-state justice and security actors are often the missing link of security sector reform processes and more generally of security sector governance systems.
Yet, field-based evidence suggest that they play a more important role. At the same time, the African Union and ECOWAS’s normative frameworks for security sector reform and governance consider these actors as integral parts of the security sector. If the need to acknowledge the existence-influence of NSA and include them more in SSR-GSS processes is now better understood, there are still many unanswered questions and risks that remain on what to do concretely with this acknowledgment on a programmatic basis. This situation is clearly illustrated by the challenges posed by NSA’s roles in security provision (incl. human rights compliance), the stakes of relations between State and non-state actors (incl. delimitation of competencies, areas of mutual cooperation), the disparity of standards between NSA’s mechanisms and the associated challenge of dealing with customary law and normative pluralism to promote best practices. These are some of the issues that Tool 7 is seeking to address.
Across West Africa, the presence of non-state actors specifically engaged in security related activities can be consider as informal actors that provide services and can either weakens or reinforces the security of women, men, girls, boys, institutions and the state as a whole.
These may be traditional or informal justice and security actors; whose interventions provide a socially or not accepted response to security needs of the population that are not covered by the state system or simultaneously when the state is also providing services. Some of these actors are still young but many of them exist since long before the emergence of current state security systems, and remain vital, relevant and effective in many areas to date and their influence can be either as enabler or as spoiler. Given the difficulties associated with managing vast, remote or isolated territories, traditional and informal justice actors provide rural and urban populations with nearby, swift and effective access to justice and security services that meet their daily needs. As such, they can be seen as competitors to the state services, as providing some different kind of service, or as reinforcing and complementing the public service offer where state services are absent or limited.
Conversely, armed groups or militia that actively seek to undermine the state and its legitimacy, and which negatively impact human security, may also qualify as non-state security players. In addition, the emergence and rapid development of a private security sector highlights the need to strengthen the regulation of private companies offering security services on a commercial basis. Given this diversity and the weight they hold in the economy of security, the taking into account of non-state actors in SSR processes constitutes a major challenge that affects the coherence and sustainability of the national security system.
With a programmatic methodology, this tool must show the different possible ways for the state to engage these mechanisms by reaching out, acknowledgment, delimitation of competencies, cooperation, and some form of regulation or soft control. Related to the context, justice and security NSA needs to be differentiated here.
At a national level, the stakes are strategic: coherent and sustainable national security systems cannot be established without acknowledging the presence and influence of non-state justice and security actors. For example, the introduction of local policing or community policing mechanisms is likely to be compromised in the long term if it does not take the existence of neighborhood vigilantes into account from the outset. Conversely, acknowledging the regulatory role of traditional authorities in intra-community conflict may offer an alternative to settling such cases in formal courts, at least in first instance, thereby reducing the burden on the state justice system.
At the local level, the stakes are also operational: sound knowledge of the local security environment, including of traditional, informal (either legal or illegal) and commercial security actors may allow formal security institutions to distribute their efforts and resources according to an accurate mapping of unmet security needs.
Ultimately, any attempt to reform the framework in which NSA operate requires a specific approach to reform the state security sector in which it encompasses the State and non-state actors. Consequently, Tool 7 draws the attention of policymakers and national leaders of security institutions to the need to take NSA into account while designing and implementing SSR. For this purpose, the Tool provides examples from the region and offers resources to facilitate the integration of non-state actors as a constituent part of the security sector to be reformed.
The key objective of this Tool is to provide practical guidance and advice on integrating non-state justice and security actors into SSR/G processes in a West African context while adhering by existing AU and ECOWAS normative frameworks.
Theenvisionedauthor agrees to propose a 2-page plan (sections, subsections)prior to the signature of the contract; the assignment shall be confirmed based on the DCAF’s acceptance of the proposed outline.
DCAF reserves the right to amend the proposed plan. Once the consultation is confirmed and based on the new plan, the author will provide a complete draft of the Tool containing approximately 20,000 words.
This draft shall develop major points in well-articulated sections, supported by strong evidence-based research. It shall provide practical guidance, taking into account the specificities and diversity of the West-African context, notably through context-specific examples, lessons learnt and good practices.
Particular pointsto consider include the following:
In terms of structure:
Editorial process:
In order to meet the high editorial standards defined for this publication, the Tool will undergo the following process:
Please note that DCAF retains final editorial control over the product.
The author must:
The remuneration for this assignment is a lump sum of CHF 4.000,paid in a single settlement upon completion of the work and validation by DCAF of the quality of the deliverable. An author contract will be established and signed to further clarify contractual arrangements.
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