Project Title Support to Transitional Governance Structures inLibya

SP Outcome(s): N/A

Expected CP Outcome(s):

Outcome 2: Citizen expectations for voice, development, therule of law and accountability are met by stronger systems ofdemocratic governance

CP Outcome 2: Standardized data and statistics managementsystem in place result in increased capacity of Governmentinstitutions to formulate policies and strategies, and implementdevelopment initiatives.

CP Outcome 5: Mandated institution is fully able to monitorand coordinate the implementation of the national economicdevelopment programme across various sectors and regions

Expected Output(s):

Local Governance structures strengthened

Decentralization options presented for the constitutional debate

:

Output 2.1. Parliaments, constitution making bodies andelectoral institutions enabled to perform core functions forimproved accountability, participation and representation,including for peaceful transitions

Capacities of prosecutors and trial judges strengthened, inparticular on issues related to transitional justice

Elections are organized in a timely fashion

Executing Entity: UNDP (DEX/DIM)

Implementing Agencies: UNDP (DEX/DIM)

United Nations Development Programmeبرنامــــــــج األمــــــــــــم المتحدة للتنمیة

Brief DescriptionFollowing the 2011 conflict in Libya, there is a need for targeted technical support to assist theGovernment to build the capacity of transitional governance structures. Needs exist acrossmany sectors, and the project will prioritize initial capacity needs and priority activities in thefollowing areas:

Support the decentralization process in a post-conflict situation; focusing on developingthe governance capacities of local institutions in Libya to provide public services andinitiate local area development programmes

Support the transitional authorities in implementing rule of law programmes with a viewto restore public confidence in rule of law institutions

Support to broad-based processes for public representation and accountabilityincluding elections and constitution formulation

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I. SITUATION ANALYSIS

Prior to the conflict, Libya—a net contributor country—was included in the category of High HumanDevelopment, with a Human Development Index rank of 64 in the Human Development Report2011. A favourable international climate and high oil revenues resulted in strong annual GDPgrowth rates during the prior five years. The principal macroeconomic challenge for Libya hasbeen economic diversification. The 2009 Millennium Development Goals Report suggested thatLibya is making progress toward MDGs attainment. While drafted prior to the conflict, the UNDPCountry Programme Document for Libya (2011-2016 recognized the need for improvements in thequality and efficiency of services in both social and economic sectors (Outcomes 1 and 2), and forregional disparities in economic opportunities and infrastructure to be addressed (Outcomes 5 and6). It was also recognized that the lack of standardized and validated development data posed asignificant challenge to development decision-makers and planners. Increases in thegovernment’s capacities in these areas will improve the lives of the people of Libya throughenhanced planning and delivery of better-quality government services in all regions.

With the formation of a new interim government in late November 2011, headed by a PrimeMinister elected by the NTC, Libya has entered into a new phase of its transition, one in which thegains of the revolution are to be consolidated and the hopes and expectations of the populationneed to be translated into visible changes. Large-scale humanitarian needs have subsided, andthe international humanitarian presence phased out operations at the end of December 2011.Concerns exist for particular geographical areas, such as Sirte and Bani Walid, and for certaingroups, such as internally displaced persons (IDPs) and minorities, who continue to rely onassistance for access to services.

In this context, the Government’s focus is on short-term results, which must be achieved in amanner that balances competing claims and maintains stability. There are increased demands forgreater transparency and accountability, reflecting the growing civic life, with many constituentsorganizing themselves to articulate demands and views on the issues of elections, theconstitutional process, minority rights, access to services, and youth and women’s issues. Theresumption of state authority over judicial affairs is hampered by the institutional weaknesses suchas the lack of a national transitional justice framework, and the ongoing capacity issues in thecourts, some of which are barely functional due to lack of adequate security measures, and theabsence of judges and administrative staff.

II. STRATEGY

The UNDP Country Programme Document for Libya 2011-2016 includes outcomes on improvingcivil service efficiency and effectiveness, including increasing national capacities for public servicedelivery; and strengthening the implementation and monitoring capacities of key national economicdevelopment institutions, helping to address regional disparities through initiation of provincialdevelopment strategies on a pilot basis. The need for a national youth policy is highlighted, inorder to ensure youth development and integration, including participation in economic and socialaspects of Libyan society. This work will build on the past cooperation between UNDP and theGovernment in the implementation of the Country Programme Document 2006-2009 (extendedthrough 2010), which focused on delivery of government services at central and local levels, andthe capacity building of local governments to address economic disparities, and the new countryprogramme incorporates lessons learned from the previous country programme.

The current project has been discussed and developed with relevant Government counterparts,and would contribute toward the government’s overall interim goal to undertake immediate criticalactions which will lay the groundwork for the implementation of the future national developmentprogramme which will be developed by the successor Government following the transitional

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elections. Activities undertaken under the three components—local governance, rule of law, andsupport to broad-based processes—will assist the Government to develop key policies andprocesses which will create a solid foundation for later work on democratic governance, localgovernance and development, and access to justice.

Outcome 1: Development Capacities for Local Governance StrengthenedIn support of local governance, UNDP will provide technical support and policy advice ondecentralization to the Government, including South-South exchanges and global comparativeexperiences. Capacity needs of approximately five to seven local authorities will be mappedacross a number of critical skill areas (including planning, budgeting, financial management, post-conflict recovery, decentralized area development, monitoring and reporting), and a training planwill be developed and implemented. Local development plans will be drawn up and quickassistance to improved service delivery in targeted local authorities will be provided. In order totarget future areas for decentralised development planning, the collection of data on demographicsand public service provision—prior to the conflict and at the current time—will be undertaken andnational and local databases updated accordingly. To facilitate targeting of services, data will bedisaggregated, to the extent possible, by geographic location, gender, and age group, and specificneeds of vulnerable populations will be identified. Local government planners will be trained in thecollection and analysis of data.

As a result of the interventions, the targeted local authorities will be better able to plan andmanage public services and development activities in their constituency, thereby meeting thepopulations’ demand for more equitable and efficient service delivery and expanded economicopportunities.

Outcome 2: Efficiency and Equitability of Rule of Law Institutions ImprovedThe reform of the justice sector is one of the priority areas for the Government. UNDP will providetechnical expertise, material and advisory support—in coordination with other UN agencies—toassist the Government in reviewing the challenges of the justice sector. These include improvingthe functioning of the courts (including through improvement in administration and automation),comprehensive training and capacity building for at least 100 prosecutors and trial judges onissues related to transitional justice, building the capacity of the public prosecutors to performproper and fair investigations and support to the legal database.

Legal outreach to assist women and vulnerable groups will be supported, as will the establishmentof dedicated judicial services for these groups and establishment and facilitation of national humanrights networks. UNDP may also provide training to rule of law institutions and civil societyorganizations on human rights.

As a result of the interventions, the skills and systems of the Libyan rule-of-law institutions will beimproved, resulting in increased efficiency in services provided. Human rights will increasingly berespected and supported. This work will build upon previous UNDP work modernizing the judicialsystem, in particular its focus on the high judicial institute.

Outcome 3: Broad-based Processes for Public Representation and AccountabilitySupported, including ElectionsAddressing the widespread public demands for increased transparency and accountability inpublic processes, as well as equitable representation, are one of the critical priorities for thetransitional Government. UNDP will support increased participation in civic life and in transitionprocesses, through strengthening the advocacy capacities of a minimum of 20 civil societyorganizations, particularly as regards to electoral and constitution-building processes. Assistancewill be given to the establishment of 5 youth and women’s networks, and to facilitating theirparticipation in transitional governance processes. The media’s role will be strengthened, throughskills development in public advocacy and awareness generation on issues related to publicparticipation in transition processes.

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In partnership with the UN/DPA/EAD and other UN agencies, and in line with the UNDP approachto supporting electoral cycles, UNDP will provide technical support to the establishment of anElectoral Management Body and the formulation of electoral laws and regulations. Drawing fromits global network, UNDP will facilitate technical cooperation and exchange of best practices onelections through South-South cooperation. The partnership with UN/DPA/EAD and other UNagencies will extend to supporting the national authorities in ensuring broad and inclusiveconsultative processes and to support outreach to women, youth and vulnerable groups toparticulate fully in the process, through a minimum of 15 civil society organizations. In addition,UNDP will support the consultative process for the constitution building process. Drawing upon itsglobal network, UNDP will provide technical expertise and facilitate exchange of best practices,including from the Arab States region through an existing project.

As a result of the interventions, the Libyan people will be adequately informed and consulted onkey transitional governance processes, and will be prepared to participate in participatory andtransparent public processes.

III. RESULTS AND RESOURCES FRAMEWORK

Intended Outcome as stated in the Country Programme Results and Resource Framework:CP Outcome 1: Management systems and capacities in place and result in improved efficiency of key public service delivery providers (including NGOsand CSOs)CP Outcome 2: Standardized data and statistics management system in place result in increased capacity of Government institutions to formulatepolicies and strategies, and implement development initiatives.CP Outcome 5: Mandated institution is fully able to monitor and coordinate the implementation of the national economic development programme acrossvarious sectors and regionsOutcome indicators as stated in the Country Programme Results and Resources Framework, including baseline and targets:1.1 Automated processes, revised procedures and strengthened capacity ensure improved efficiency of courts in the treatment of cases1.2 Population has increased access to justice through strengthened capacity of the justice system

Baseline: Access to justice limited by low levels of automation in the public service sectorTarget: Increase in cases handled (per unit time) by 10 per cent over the programme period

1.7 Civil society organizations actively engage in transition efforts, notably related to gender issues and provision of servicesBaseline: National role of civil society in the development process is limitedTarget: At least 20 civil society organizations initiatives strengthened

2.1 Enhanced institutional and professional capacity of key statistical institutions to collect, analyse and disseminate development dataBaseline: Integrated national development database systems absentTarget: Database system 100 per cent operational

5.3 Pilot regional development strategy developed and implemented resulting in increased economic opportunities.Baseline: Important regional disparitiesTarget: At least one sub-regional economic development project implemented

Applicable Key Result Area (from 2012 UNDP Annual Business Plan): ABP Priority 2: 12-month national recovery and transition benchmarks andstrategies met with UNDP assistance in countries facing prolonged and elevated riskPartnership Strategy: N/AProject title and ID (ATLAS Award ID): Support to Transitional Governance Structures in Libya (ATLAS Award ID: )

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INTENDED OUTPUTS INDICATIVE ACTIVITIES RESPONSIBLEPARTIES

INPUTS

Output 1:Development Capacities for LocalGovernance StrengthenedBaseline: Local governments havelimited capacity for developmentplanning, budgeting andimplementation; lack of dependabledata/ statistics on demography andservice usersIndicators: South-South exchanges ondecentralization; number of localauthorities trained; number of capacitymapping exercises; number of localand national databases createdTargets: Training plan for localauthorities developed andimplemented; monitoring and reportingby local authorities improved; data onpublic services collected and analyzed

1 Capacities of local authoritiesstrengthened on decentralised planning,budgeting and financial management

Technical expertise and policy advice ondecentralization provided

Participation of Libyan officials in South-South exchanges facilitated

Scoping exercise to determine targetbeneficiaries

Mapping of capacity needs of targetedlocal authorities in planning, budgeting,financial management, recovery, areadevelopment, monitoring and reporting

Preparation and implementation of trainingplan

2 Data collection mechanisms establishedand mechanisms to support localgovernance

Collection of essential data on publicservices, including gender disaggregateddata made available for service delivery

Preparation and implementation of localdevelopment plans

UNDPMinistry of LocalGovernanceTargeted localauthorities

Output 1activity

1International expertise 190,000National consultancies 37,000International travel (conferenceparticipation) 12,000National and regional workshops ondecentralization 40,000In-country travel 8,500Mapping exercise 17,500Training plan formulation 0Data collection and dissemination 20,000Sub contracts for local developmentplans 375,000Monitoring and Evaluation officer 80,000sub-total 780,000

Output 1activity

2International expertise 60,000National consultancies 13,000International travel (conferenceparticipation) 28,000National and regional workshops ondecentralization 5,000In-country travel 1,500Mapping exercise 2,500Training plan formulation 0Data collection and dissemination 80,000Sub contracts for local developmentplans 0Monitoring and Evaluation officer 46,787

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sub-total 236,787Output 2:Efficiency and Equitability of Rule-of-Law Institutions Improved

Baseline: Lack of clear procedureswhich contribute to slowness inprocessing cases; lack of access tolegal materials by judges and staff;public’s lack of awareness of their legalrights and legal procedures;inadequate information available forpublic awareness of legal rights;women face difficulties in access tojustice; no system to ensuresustainability of reformsIndicators: Number of technicaladvisory missions; number ofworkshops on human rights and GBV;public information campaignconducted; percentage increase incases where plaintiffs are women orfrom minority groups; training plan forrule-of-law institutions developed andimplemented; legal IT systemsinstalled and functioning; specializedrule of law institutions establishedTargets: Women and vulnerablegroups aware of and exercising theirrights; institutions and mechanisms inplace to ensure equitable treatmentunder the law

1 Support to reform of Justice Sector Technical advice on justice sector reformmade available to the transitional authority Material and advisory support available toimprove the functioning of the courts Legal outreach to improve access tojustice by women and vulnerable groups Dedicated judicial services for women andvulnerable groups established

2 Strengthening Capacities of RoLinstitutions

Technical advice on social accountabilityframeworks and systems made available tothe transitional authorities Training on human rights provided to rule-of-law institutions Technical support provided to courtadministration and automation

3 Support to establishment of specializedRoL institutions

Support the establishment of the NationalHuman Rights Council Support to establishment of the NationalWomen’s Commission Support the establishment and facilitationof national human rights networks

UNDPUNSMILHigh Judicial InstituteMinistry of JusticeTargeted courts

Output 2activity

1International expertise 165,000National consultancies 52,300Training 5,000In-country travel 29,000Training plan formulation 0National and regional trainingworkshops on human rights 55,000Local trainings and activities on humanrights 113,000Computers and equipment 135,000Public awareness materials andcampaigns 68,000Rent (for commissions), facilities (fornetworks) and utilities 0Programme manager 70,000sub-total 692,300

Output 2activity

2International expertise 67,000National consultancies 43,700Training 3,500In-country travel 22,600Training plan formulation 0National and regional trainingworkshops on human rights 13,000Local trainings and activities on humanrights 49,500Computers and equipment 65,000Public awareness materials andcampaigns 24,000

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Rent (for commissions), facilities (fornetworks) and utilities 0Programme manager 39,049sub-total 327,349

Output 2activity

3International expertise 89,000National consultancies 54,000Training 6,500In-country travel 18,400Training plan formulation 0National and regional trainingworkshops on human rights 37,000Local trainings and activities on humanrights 37,500Computers and equipment 80,000Public awareness materials andcampaigns 108,000Rent (for commissions), facilities (fornetworks) and utilities 126,396Programme manager 60,000sub-total 616,796

Output 3:Support to broad-based processesfor public representation andaccountability including elections

Baseline: The multi-party election inLibya occurred in 1952; there iscurrently no Electoral ManagementBody (EMB); minimal civil societyorganizationIndicators: The new electoral law iswidely consulted; public awareness

1 Facilitating civic participation in transitionalgovernance processes Voter education activities implemented tofoster civic participation Awareness raising activities carried out bymedia to increase knowledge of electoralprocess

2 Technical support to election processeswithin the UNDP electoral cycle approach Technical and managerial supportprovided for the establishment of Electoral

UNDPUNSMIL Output 3

activity1

Civil society programmes to foster civicparticipation in elections 400,000International expertise 90,000National consultancies 15,000International travel (conferenceparticipation) 0Equipment 24,000In-country travel 14,000Sub contracting (consultations) 39,000

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campaigns conducted on electoralsystem and constitution-draftingprocessesTargets: Free and fair elections occuraccording to schedule; wide turnoutexperienced in elections, withappropriate proportional participationfrom women and vulnerable groups; anew constitution is drafted through aconsultative process

Management Bodies Technical support made available for theformulation of electoral laws and regulations Facilitate technical cooperation andexchange of best practices on electionsthrough South-South cooperation

3 Technical support to constitutionformulation process Technical and facilitation support providedto broad and inclusive consultation processes Facilitate participation of marginalizedcommunities, women and youth in theconsultation process Technical and mediation support providedto national authorities on consensus building Facilitate technical cooperation andexchange of global best practices, particularlythrough South-South cooperation

Public awareness materials andcampaigns 125,000International constitutional expertise 0Program manager 0sub-total 707,000

Output 3activity

2Civil society programmes to foster civicparticipation in elections 0International expertise 165,000National consultancies 0International travel (conferenceparticipation) 25,000Equipment 54,000In-country travel 10,000Sub contracting (consultations) 16,000Public awareness materials andcampaigns 30,000International constitutional expertise 0Program manager 140,000sub-total 440,000

Output 3activity

3Civil society programmes to foster civicparticipation in elections 0International expertise 65,559National consultancies 35,000International travel (conferenceparticipation) 25,000Equipment 22,000In-country travel 56,000Sub contracting (consultations) 145,000Public awareness materials andcampaigns 45,000

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International constitutional expertise 150,000Program manager 38,441sub-total 582,000

Subtotal USD 4,595,500ISS (2%) USD 101,000

Facilities and Administration(7%)

USD 353,500

TOTAL USD 5,050,000

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IV. ANNUAL WORK PLAN

Year: 2012

EXPECTEDOUTPUTS

And baseline,indicators includingannual targets

PLANNEDACTIVITIES

List activity results andassociated actions

TIMEFRAME

RESPONSIBLEPARTY

PLANNED BUDGET

Q1 Q2 Q3 Q4 FundingSource Budget Description Amount

Output 1:LocalGovernance

Baseline: Localgovernments havelimited capacity fordevelopmentplanning, budgetingandimplementation;lack of dependabledata/ statistics ondemography andservice usersIndicators: South-South exchangeson decentralization;

1. Capacities of localauthoritiesstrengthened ondecentralisedplanning, budgetingand financialmanagement

-Scoping exercise-International andnational consultancies- South-Southexchanges- Travel- Training andworkshops-Subcontract formapping exercise- Monitoring &evaluation

X X X X UNDP Japan

Output 1 activity 1International expertise 190,000National consultancies 37,000

International travel (conference participation) 12,000

National and regional workshops on decentralization 40,000In-country travel 8,500Mapping exercise 17,500Training plan formulation 0Data collection and dissemination 20,000

Sub contracts for local development plans 375,000

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number of localauthorities trained;number of capacitymapping exercises;number of local andnational databasescreatedTargets: Trainingplan for localauthoritiesdeveloped andimplemented;monitoring andreporting by localauthoritiesimproved; data onpublic servicescollected andanalyzedRelated CPoutcome:Standardized dataand statisticsmanagementsystem in placeresult in increasedcapacity ofGovernmentinstitutions toformulate policiesand strategies, andimplementdevelopmentinitiatives

2. Data collectionmechanismsestablished andmechanisms tosupport localgovernance

-Sub-contracts for datacollection/disseminationand local planconsultation andpreparation- Training and workshops- Monitoring & evaluation

X X X UNDP Japan

Monitoring and Evaluation officer 80,000sub-total 780,000

Output 1 activity 2International expertise 60,000National consultancies 13,000

International travel (conference participation) 28,000

National and regional workshops on decentralization 5,000In-country travel 1,500Mapping exercise 2,500Training plan formulation 0Data collection and dissemination 80,000

Sub contracts for local development plans 0Monitoring and Evaluation officer 46,787sub-total 236,787

Output 2:Rule of Law

Baseline: Lack ofclear procedureswhich contribute toslowness inprocessing cases;

1. Support to reform ofJustice Sector

- International andnational consultancies- Travel- Public awareness- Equipment- Monitoring &evaluation

X X X X UNDP Japan

Output 2 activity 1International expertise 165,000National consultancies 52,300Training 5,000In-country travel 29,000Training plan formulation 0

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lack of access tolegal materials byjudges and staff;public’s lack ofawareness of theirlegal rights andlegal procedures;inadequateinformationavailable for public

2. Capacities of RoLinstitutions

- International andnational consultancies- Travel- Training andworkshop activities- Equipment

- Monitoring & evaluation

X X X X UNDP Japan

National and regional training workshops on human rights 55,000

Local trainings and activities on human rights 113,000Computers and equipment 135,000

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awareness of legalrights; women facedifficulties inaccess to justice;no system toensuresustainability ofreformsIndicators: Numberof technicaladvisory missions;number ofworkshops onhuman rights andGBV; publicinformationcampaignconducted;percentageincrease in caseswhere plaintiffs arewomen or fromminority groups;training plan forrule-of-lawinstitutionsdeveloped andimplemented; legalIT systems installedand functioning;specialized rule oflaw institutionsestablishedTargets: Womenand vulnerablegroups aware ofand exercising theirrights; institutionsand mechanisms inplace to ensureequitable treatmentunder the lawRelated CPoutcome:Managementsystems(performancemanagement,automationsystems, datasystems) andcapacities in placeand result inimproved efficiencyof key publicservice deliveryproviders (includingNGOs and CSOs)

3. Support toestablishment ofspecialized RoLinstitutions

- International andnational consultancies- Travel- Training andworkshop activities- Public awareness- Equipment- Rent/facilities andutilities- Monitoring &

evaluation

X X X UNDP Japan

Public awareness materials and campaigns 68,000

Rent (for commissions), facilities (for networks) and utilities 0Programme manager 70,000sub-total 692,300

Output 2 activity 2International expertise 67,000National consultancies 43,700Training 3,500In-country travel 22,600Training plan formulation 0

National and regional training workshops on human rights 13,000

Local trainings and activities on human rights 49,500Computers and equipment 65,000

Public awareness materials and campaigns 24,000

Rent (for commissions), facilities (for networks) and utilities 0Programme manager 39,049sub-total 327,349

Output 2 activity 3

International expertise 89,000

National consultancies 54,000

Training 6,500

In-country travel 18,400

Training plan formulation 0

National and regional training workshops on human rights 37,000

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Output 3:Support tobroad-basedprocesses forpublicrepresentationandaccountabilityincludingelections

Baseline: Themulti-party electionin Libya occurred in1952; there iscurrently noElectoralManagement Body(EMB); minimalcivil societyorganizationIndicators: Thenew electoral law iswidely consulted;public awarenesscampaigns

1. Facilitating civicparticipation intransitionalgovernanceprocesses

- Subcontract on civilsociety outreach- International andnational consultancies- Travel- Training andworkshops- Public awareness- Monitoring &evaluation

X X X X UNDP Japan

Output 3 activity 1

Civil society programmes to foster civic participation in elections 400,000International expertise 90,000National consultancies 15,000

International travel (conference participation) 0Equipment 24,000In-country travel 14,000Sub contracting (consultations) 39,000

Public awareness materials and campaigns 125,000International constitutional expertise 0Program manager 0sub-total 707,000

Output 3 activity 2Civil society programmes to foster civicparticipation in elections 0International expertise 165,000

2. Technical support toelection processeswithin the UNDPelectoral cycleapproach

- International andnational consultancies- Travel- South-Southexchanges- Public awareness- Monitoring &

evaluation

X X X X UNDP Japan

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conducted onelectoral systemand constitution-drafting processesTargets: Free andfair elections occuraccording toschedule; wideturnoutexperienced inelections, withappropriateproportionalparticipation fromwomen andvulnerable groups;a new constitutionis drafted through aconsultativeprocessRelated CPoutcomes:Managementsystems andcapacities in placeand result inimproved efficiencyof key publicservice deliveryproviders (includingNGOs and CSOs)Mandatedinstitution is fullyable to monitor andcoordinate theimplementation ofthe nationaleconomicdevelopmentprogramme acrossvarious sectors andregions

3. Technical support toconstitutionformulation process

- Subcontract onconsultations- International andnational consultancies- Travel- South-Southexchanges- Public awareness- Monitoring &

evaluation

X X X UNDP Japan

National consultancies 0International travel (conferenceparticipation) 25,000Equipment 54,000In-country travel 10,000Sub contracting (consultations) 16,000Public awareness materials andcampaigns 30,000International constitutional expertise 0Program manager 140,000sub-total 440,000

Output 3 activity 3

Civil society programmes to foster civic participation in elections 0International expertise 65,559National consultancies 35,000

International travel (conference participation) 25,000Equipment 22,000In-country travel 56,000Sub contracting (consultations) 145,000

Public awareness materials and campaigns 45,000International constitutional expertise 150,000Program manager 38,441sub-total 582,000

Subtotal 4,595,500ISS (2%) 101,000F&A (7%) 353,500TOTAL 5,050,000

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V. MANAGEMENT ARRANGEMENTS

The project will be implemented for a period of 12 months under the Fast Track Procedures, inorder to be able to provide fast, quality, and timely support in response to the demands of theabove-described situation in the country. The UNDP Regional Bureau for Arab States and UNDPCountry Office in Libya will assess the situation and needs and, in consultation with the Bureau ofManagement (BOM) and Bureau for Crisis Prevention and Recovery (BCPR), may approve anextension if required.

As per the Fast Track procedures definition, the proposed intervention is both strategic and time-critical, thus justifying the application of said procedures:

Strategic:Used in this context to describe situations were UNDP involvement in a crisis, or rapid expansionof UNDP programmes in a specific context, is considered essential for delivering developmentresult, to remain relevant, and to maintain or build the organization’s reputation.Time Critical:Used in this context to denote the need to deliver development results within a very short- ormedium-term timeframe within which UNDP must make a contributioin order to remain or impact inorder to remain a relevant player in the development arena.

The project will be UNDP executed/implemented.

Project Management Arrangements:

Establishing an effective project management structure is crucial for success. Every project has aneed for direction, management, control and communication, using a structure that differs fromline management. As a project is normally cross functional and involves partnership, its structureneeds to be more flexible, and is likely to require a broad base of skills for a specific period of time.The UNDP Project Management structure consists of roles and responsibilities that bring togetherthe various interests and skills involved in, and required by, the project. The details of thisstructure are:

Project Board: The Project Board is the group responsible for making by consensus,management decisions for a project when guidance is required by the Project Manager,including recommendation for UNDP/Implementing Partner approval of project plans andrevisions. In order to ensure UNDP’s ultimate accountability, Project Board decisionsshould be made in accordance with standards that shall ensure management fordevelopment results, best value money, fairness, integrity, transparency and effectiveinternational competition. In case a consensus cannot be reached within the Board, finaldecision shall rest with the UNDP Programme Manager.

Project reviews by this group are made at designated decision points during the running ofthe project, or as necessary when raised by the Project Manager. This group is consultedby the Project Manager for decisions when Project Manager's tolerances (normally in termsof time and budget) have been exceeded (flexibility). Based on the approved annual workplan (AWP), the Project Board may review and approve project quarterly plans whenrequired and authorizes any major deviation from these agreed quarterly plans. It is theauthority that signs off the completion of each quarterly plan as well as authorizes the startof the next quarterly plan. It ensures that required resources are committed and arbitrateson any conflicts within the project or negotiates a solution to any problems between theprojects and external bodies.

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In addition, it approves the appointment and responsibilities of the Project Manager andany delegation of its Project Assurance responsibilities. This group contains four roles:

o Executive: individual representing the project ownership to chair the group.o Senior Supplier: individuals or groups representing the interests of the parties

concerned which provide funding and/or technical expertise to the project.o Senior Beneficiary: individuals or groups of individuals representing the interests

of those who will ultimately benefit from the project. The primary function within theBoard is to ensure the realization of project results from the perspective of projectbeneficiaries..

Project Assurance: The project assurance role supports the Project Board by carrying outobjective and independent project oversight and monitoring functions. This role ensuresappropriate project management milestones are managed and completed. ProjectAssurance has to be independent of the Project Manager; therefore, the Project Boardcannot delegate any of its assurance responsibilities to the Project Manager.

Project Manager: The Project Manager has the authority to run the project on a day-to-day basis on behalf of the Implementing Partner within the constraints laid down by theBoard. The Project Manager is responsible for day-to-day management and decision-making for the project. The Project Manager’s prime responsibility is to ensure that theproject produces the results (outputs) specified in the project document, to the requiredstandard of quality and within the specified constraints of time and cost. The ImplementingPartner appoints the Project Manager, who should be different from the ImplementingPartner’s representative in the Outcome Board.

Project Support: The Project Support role provides project administration, managementand technical support to the Project Manager as required by the needs of the individualproject or Project Manager. It is necessary to keep Project Support and Project Assuranceroles separate in order to maintain the independence of Project Assurance.

Project Communications: Full acknowledgement of the donor will be given in allcommunications products and through other relevant materials through display of thedonor logo.

This project will work in close collaboration with existing and planned programmes in the output areas,including the UNDP Modernization of the Justice Sector project, the UNDP regional project Support to ArabCountries’ Efforts in Transitional Governance Processes, the draft UNDP Support to Civic Education inLibya’s Transition (SCELT) project, and the draft UN/UNDP Libya Electoral Assistance Project (LEAP).

Project ManagerProgrammeCoordinator

Project BoardSenior Beneficiary

Ministry of PlanningExecutive

UNDP Country DirectorSenior Supplier

UNDP

Project AssuranceUNDP Programme Officer

Project Support

ProgrammeAssistant

Project Organisation Structure

Local GovernanceTeam

Support toElectoral/Constitution

Team

Rule of Law Team

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VI. MONITORING FRAMEWORK AND EVALUATION

In accordance with the programming policies and procedures outlined in the UNDP User Guide,the project will be monitored through the following:

Within the annual cycle On a quarterly basis, a quality assessment shall record progress towards the completion

of key results, based on quality criteria and methods captured in the Quality Managementtable below.

An Issue Log shall be activated in Atlas and updated by the Project Manager to facilitatetracking and resolution of potential problems or requests for change.

Based on the initial risk analysis submitted (see annex 1), a risk log shall be activated inAtlas and regularly updated by reviewing the external environment that may affect theproject implementation.

Based on the above information recorded in Atlas, a Project Progress Reports (PPR) shallbe submitted by the Project Manager to the Project Board through Project Assurance,using the standard report format available in the Executive Snapshot.

a project Lesson-learned log shall be activated and regularly updated to ensure on-goinglearning and adaptation within the organization, and to facilitate the preparation of theLessons-learned Report at the end of the project

a Monitoring Schedule Plan shall be activated in Atlas and updated to track keymanagement actions/events

Annually

Annual Review Report. An Annual Review Report shall be prepared by the ProjectManager and shared with the Project Board and the Outcome Board. As minimumrequirement, the Annual Review Report shall consist of the Atlas standard format for theQPR covering the whole year with updated information for each above element of the QPRas well as a summary of results achieved against pre-defined annual targets at the outputlevel. The final and mid-term reports will be submitted to the Government of Japan togetherwith the financial reports – including annexed photographic or other visually documentedrecords of the projects’ implementation and impact.

Annual Project Review. Based on the above report, an annual project review shall beconducted during the fourth quarter of the year or soon after, to assess the performance ofthe project and appraise the Annual Work Plan (AWP) for the following year. In the lastyear, this review will be a final assessment. This review is driven by the Project Board andmay involve other stakeholders as required. It shall focus on the extent to which progressis being made towards outputs, and that these remain aligned to appropriate outcomes.

Quality Management for Project Activity ResultsOUTPUT 1: Local GovernanceActivity Result 1(Atlas Activity ID)

Capacities strengthened on planning, budgeting andfinancial management

Start Date: January 2012End Date: December2012

Purpose To improve delivery of basic services at the local level

Description Technical and policy advice, South-South exchanges, training

Quality Criteria Quality Method Date of AssessmentSouth-South exchanges on Number of exchanges (observation) Quarterly

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decentralization

Local authorities trained Number of local government stafftrained and in what topics (trainingreports)

Quarterly

Capacity mapping exercises Number of capacity mappingexercises (reports of mappingexercises)

Quarterly

OUTPUT 1: Local GovernanceActivity Result 2(Atlas Activity ID)

Data collection mechanisms established and mechanismsto support local development plans

Start Date: January 2012End Date: December2012

Purpose To improve delivery of basic services at the local level

Description Collection of disaggregated data; establishment of development databasesLocal development plans

Quality Criteria Quality Method Date of AssessmentLocal development data available Number of local authorities with

available data (observation)Annually

OUTPUT 2: Rule of lawActivity Result 1(Atlas Activity ID)

Support to reform of Justice Sector Start Date: January 2012End Date: December2012

Purpose To improve access to justice

Description Technical advisory and material support; legal outreach and dedicated judicial servicessupported

Quality Criteria Quality Method Date of AssessmentJudges trained on transitional justiceand other issues

Number of prosecution and trailjudges trained (training report)

Quarterly

Justice sector staff trained on humanrights

Number of staff trained attendingrelevant workshops (training reports)

Quarterly

Pilot courts functional Number of courts with model courtmanagement system in place(reports)

Quarterly

Dedicated judicial services provided towomen and vulnerable groups

Establishment of dedicated judicialservices (observation)

Quarterly

OUTPUT 2: Rule of lawActivity Result 2(Atlas Activity ID)

Strengthening Capacities of Rule of Law institutions Start Date: January 2012End Date: December2012

Purpose To improve access to justice

Description Technical advice and support, training, specialized automation equipment

Quality Criteria Quality Method Date of AssessmentTraining plan for rule-of-law institutionsdeveloped and implemented

Number of trainings; number of stafftrained (training reports)

Quarterly

Percentage increase in cases whereplaintiffs are women or from minoritygroups

Disaggregated caseload data(reports)

Quarterly

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Technical advisory missions Number of technical advisorymissions/postings (observation)

Quarterly

Legal IT systems installed andfunctioning

Number of systems installed andoperational (observation)

Quarterly

OUTPUT 2: Rule of lawActivity Result 3(Atlas Activity ID)

Support to establishment of specialized RoL institutions Start Date: January 2012End Date: December2012

Purpose To improve access to justice

Description Technical advice and support, premises/facilities and operational support

Quality Criteria Quality Method Date of AssessmentNational Human Rights Council andNational Women’s Commissionestablished

Number of institutions established(observation)

Annually

National human rights networksupported

Number of organizations/groupsjoining national network (observation)

Quarterly

OUTPUT 3: Support to Broad-Based ProcessesActivity Result 1(Atlas Activity ID)

Facilitating civic participation in transitional governanceprocesses

Start Date: January 2012End Date: December2012

Purpose To enhance participation in transitional governance processes

Description Training, support to women’s and youth networks, public information and advocacy

Quality Criteria Quality Method Date of AssessmentVoter education carried out for civicparticipation

Number of CSOs supported andoutreach campaigns delivered(report)

Quarterly

Networks of women’s and youthorganizations operational

Number CSO networks receivingfacilitation or material support fromUNDP (reports)

Quarterly

Media organizations active in publicinformation and advocacy

Number of outreach activities carriedout and number of media outletsparticipating (reports)

Quarterly

OUTPUT 3: Support to Broad-Based ProcessesActivity Result 2(Atlas Activity ID)

Technical support to election processes within the UNDPelectoral cycle approach

Start Date: January 2012End Date: December2012

Purpose To enhance participation in transitional governance processes

Description Technical and managerial support, South-South exchanges

Quality Criteria Quality Method Date of AssessmentElectoral calendar is respected Number of key milestones

Implemented according to scheduleQuarterly

The new electoral law is widelyconsulted

Number of comments received ondraft law

Quarterly

Public awareness campaigns Number and scope of public Quarterly

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conducted on electoral process awareness campaigns (observation)

OUTPUT 3: Support to Broad-Based ProcessesActivity Result 3(Atlas Activity ID)

Technical support to constitution formulation process Start Date: January 2012End Date: December2012

Purpose To enhance participation in transitional governance processes

Description Technical and facilitation support, South-South exchanges

Quality Criteria Quality Method Date of AssessmentSouth-South exchanges on constitutiondrafting and consultation processes

Number of exchanges (observation) Quarterly

The new constitution is widelyconsulted

Number of comments received ondraft law, disaggregated by genderand region (reports)

Quarterly

Public awareness campaignsconducted on constitution-draftingprocess

Number and scope of publicawareness campaigns (observation)

Quarterly

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VII. LEGAL CONTEXT

This project document shall be the instrument referred to as such in Article 1 of the SBAA betweenthe Government of Libya and UNDP, signed on 20 May 1976.Consistent with the Article III of the Standard Basic Assistance Agreement, the responsibility forthe safety and security of the executing agency and its personnel and property, and of UNDP’sproperty in the executing agency’s custody, rests with the executing agency.The executing agency shall:

a) put in place an appropriate security plan and maintain the security plan, taking into accountthe security situation in the country where the project is being carried;

b) assume all risks and liabilities related to the executing agency’s security, and the fullimplementation of the security plan.

UNDP reserves the right to verify whether such a plan is in place, and to suggest modifications tothe plan when necessary. Failure to maintain and implement an appropriate security plan asrequired hereunder shall be deemed a breach of this agreement.The executing agency agrees to undertake all reasonable efforts to ensure that none of the UNDPfunds received pursuant to the Project Document are used to provide support to individuals orentities associated with terrorism and that the recipients of any amounts provided by UNDPhereunder do not appear on the list maintained by the Security Council Committee establishedpursuant to resolution 1267 (1999). The list can be accessed viahttp://www.un.org/Docs/sc/committees/1267/1267ListEng.htm. This provision must be included inall sub-contracts or sub-agreements entered into under this Project Document.

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VIII. ANNEX IRisk Analysis.

Identified risks Type Probability Mitigation measureRisk 1. Low ownership ofnational partners, due tomore pressing priorities

Political Low Highlight the added value of the project’soutcomes for a more peaceful and successfultransition, based on comparative experienceand research.

Risk 2. Difficulty to findinstitutional partners duringthe transition phase andunavailability of keyinterlocutors, in particularNTC members.

Political Medium UNDP will rely more heavily on governmentinstitutions, such as ministries, for activitiesthat require operational decisiveness.UNDP can prioritize other activities—such asthose with civil society—while waiting forNTC/institutional partner responses.

Risk 3. Reservations ofnational partners againsttechnical and financialsupport from UNDP, seenas foreign interference.

Political Medium Focus on support processes rather thanpushing for specific policy options, insist onmaking available comparative experiences,keep a low profile in terms of visibility and usemostly local / regional expertise as far aspossible.

Risk 4. Negative impact ofunstable security and rule oflaw situation, as well aspolitical, on projectimplementation

Political /Security

Medium toHigh

Proceed with revision of workplan, in case ofserious worsening of the national context, andcontain activities to safer areas / topics.Ensure that all UNDP project staff receivesecurity training and appropriate securityequipment.UNDP Security Office to continuously monitorthe security situation, and propose additionalmitigation measures if necessary.

Risk 5. Some newlegislation and policies arenot a priority for the NTCand finalizing will bepostponed till the NPC hasbeen elected.

Political Medium By working with Ministries and civil society onlegislation, UNDP guarantees that moresustainable institutions than the NTC areconsulted and aware of the draft legislation.These partners can undertake advocacy tothe future NPC and permanent government.

Risk 6. Possible mistrust ofcivil society partners ingovernment institutions andNTC.

Politique Low UNDP will act as a convener between theministries and CSOs, if needed.

Risk 7. Women’s, youth andvulnerable groupsmovements and NGOs arenot interested / ready fornetworking and resourcepooling.

Political Low UNDP will start working with networks alreadyestablished.

Risk 8. UNDP support,especially in terms oftraining activities and grantfunding, cannot match allexpectations andaccusations of favoritism orbias against certain areasare spread.

Political Medium UNDP will pay attention to being astransparent as possible in its selectionprocesses and will provide public informationon project activities and results.UNDP will clearly state at the outset of anysupport that it does not have the means toanswer all civil society needs and that otherdonors are available.UNDP will also coordinate closely with otherpartners supporting civil society to ensure that

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no overlap or duplication in support takesplace.

Risk 9. The capacity of theCountry Office to implementactivities included in thisproject is too limited due tolack of personnel andtechnical skillls.

Operational High UNDP CO is benefiting from additionalinternational expertise through UNDP’sSURGE programme.Negotiations are ongoing to restore thegovernment’s annual GLOC payment, whichsupports the capacity and facilities of theUNDP Country Office.

Risk 10. The complexity ofthe project design (threedistinct outputs) may lead toconfusion in implementationarrangements.

Operational Medium The Project Manager will remain in frequentcontact with theResponsibility for implementation andoversight of each output will be assigneddistinctly.Progress will be monitored in quarterly reviewmeetings.

Risk 11. The alignment ofthis project with other,related programmes atnational and regional levelsis incomplete

Strategic Low UNDP holds regular programme meetings, atwhich coordination among projects arediscussedThe UNDP Resident Representative is alsothe DSRSG of UNSMIL, ensuring coordinationwith activities of the UN Mission.

Risk 12. The outbreak orresumption of violent conflictin one or more of the areaswhere the programmeoperates

Security Low UNDSS and the UNDP Security willcontinuously monitor the operational securityenvironment, both within Libya and regionally.A programme criticality exercise may beundertaken, if necessary.

Risk 13. Unexplodedordnance (UXOs) and landmines make local travel tosome project locationsdifficult or not recommended

Security Medium UNDSS and the UNDP Security willcontinuously monitor the operational securityenvironment and recommend mitigationmeasures as appropriate.UNDP Security will maintain contact withUNMAS, to be continuously informed of themine/UXO situation and current status.

Risk 14. Natural or man-made disaster preventstimely implementation ofproject activities

Environmental Low UNDP to participate in UNCT contingencyplanning activities.All UNDP staff to receive security informationand appropriate security equipment.UNDSS and UNDP Security to continuouslymonitor the operational security environmentand recommend mitigation measures asappropriate.In the case of unexpected or unanticipatedevents that cause a serious or potentiallyadverse effect on the project and its ability todeliver the intended results, UNDP will takesteps to immediately report and consult onthese at the soonest available opportunity withthe Government of Japan as the prime donorto the project.

Risk 13. Project activitiesand related budgets aredelayed or affected byoperational circumstances

Operational Medium The project is being implemented in a post-conflict environment at the early stages of atransitional process. As a result, capacitieswithin counterpart agencies are not ‘tried andtested’. UNDP will take care to ensure theproject advances at a pace permitted bysecurity and other implementation factors. Inthe case of project and budget adjustmentsrequired as a result of uncertainties in theoperating environment, UNDP will submit a

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written request to the Government of Japanfor the prior approval in case (1), theextension of the project is required, and/or (2),the re-deployment of funds between approvedproject budget components is required, ifmore than 20% increase or decrease isexpected.Furthermore, should any fund balancesremain unspent at the end of the project, theUNDP Country Office shall consult with theGovernment of Japan on its use.

Risk 14. Accuracy offinancial accountabilityand reporting.

Financial Low UNDP will manage the project under its ownDEX/DIM modality and apply its usualoperational, managerial and financialsafeguards to ensure that funds are spentprudently and in accordance with UNDPstandards rules and regulations. UNDP willattach financial statements on the project toits periodic reporting on the project. Inaddition, UNDP’s financial accounts andprocesses are periodically independentlyaudited. Specifically in relation to interestincome, this will be treated in accordance withthe Japan-UNDP agreement on Arrangementfor the interest income derived from theJapan-UNDP Partnership Fund.

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Total resources required: USD 6,203,541Total allocated resources: USD 4,203,541Japan USD 1,210,000BCPR USD 150,000RBAS USD 44,985TRAC USD 30,000SIDA USD 2,768,556

Unfunded budget: USD 2,000,000

ANNEX 1ASSISTANCE TO BUILDING A CONSTITUTION PRODOC

Project Title Assistance to Building a Constitution (ABC)

Expected CP Outcome(s): Outcome 1: Active citizen participation facilitates thedemocratic transition of the nation

Expected Output(s):

Constitutional Committee supported throughout theconstitutional drafting processGeneral population empowered to provide meaningfulinput make informed decisions on national constitutionLogistical and technical support provided to Civil SocietyOrganizations to actively contribute to ConstitutionalDialogue

Executing Entity: UNDP (DEX/DIM)

Implementing Agencies: UNDP (DEX/DIM)

Agreed by UNDP:_____________________________________________________________

Brief DescriptionThe purpose of the project is to promote citizen’s participation in the constitution making process throughwell-coordinated initiatives that support Libyan civil society organizations, non-governmental organizations,active citizens including women and youth, political decision-makers, parliamentarians and theConstitution Drafting Assembly. The project supports UNSMIL’s mandate under Security Council 2009 untilthe most recent one issued on 27 March 2015 (S/RES/2213). UNSMIL’s activities in the constitutionmaking process are supported by UNDP through complementary programming and projects that facilitateand promote public dialogue and debate on all aspects of the constitution making process and throughoutthe referendum. Three substantive areas of support are targeted: public outreach, procedural assistanceand substantive and technical advice as needed in coordination with UNSMIL. The project ensures fullLibyan ownership of the process and content with integrated capacity strengthening components in orderthat Libyans themselves lead the public dialogue and the constitutional substantive work. Specificawareness, public participation activities will be implemented jointly with the Civic Education project. Thisdocument though presents a comprehensive overview of the UNDP support to the Constitution makingprocess.

Programme Period: 2012 -2016

Key Result Area (Strategic Plan):Atlas Award ID: ______________

Start date: March 2012End Date December 2016

PAC Meeting Date

Management Arrangements Direct Execution

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SITUATION ANALYSIS

Framework for development of a new ConstitutionOn 15 February 2011, Libyans in the country’s second largest city, Benghazi, staged a large-scaledemonstration demanding the end of Colonel Muammar Qaddhafi’s rule. Following the eight-monthconflict in Libya that ended in November 2011, the National Transitional Council (NTC) declared theliberation of Libya. The challenges ahead in Libya remain stark. Four decades of autocratic and increasinglyerratic rule have left the country with profound weaknesses across the entire spectrum of social, politicaland economic institutions. In addition to the political instability, the United Nations Development Group’sregional strategy1, points to the causes of popular discontent as: failures of governance, social justice,equity and human rights, and failures in economic models and policies which reinforced a politicaleconomy of exclusion and pervasive inequality, especially in the distribution of wealth and access toopportunity. Libya’s 6.5 million citizens have little experience in democratic processes. Moreover thenature of the conflict and destruction that the country has experienced during the fighting have served tofragment the national security architecture, disrupted key social, justice and administrative services, andopened up divisions between communities and individuals that must now be reconciled at both thenational and local levels. The NTC and the national transitional government are working to address criticalissues to meet the aspirations of the Libyan people, in order to sustain momentum for democratictransition, and one of the next milestones will be drafting a new national constitution.

The UN Security Council in September 2011 established a political mission to support the country's newtransitional authorities in their post-conflict efforts. Most recently, and with the completion of the missionplanning process and the consultation with the Libyan interlocutors, the Security Council throughResolution 2009 until the most recent one issued on 27 March 2015 (S/RES/2213).

The Libyan political transition roadmap, set by the Constitutional Declaration of 2011, includes drafting of anew constitution by the Constitution Drafting Assembly (CDA). Elections to the CDA took place in early2014 and CDA held its first sitting in April 2014. The preliminary work of its eight committees was publishedon 24th of December 2014. Since then various forms of discussions on the texts produced by thecommittees have taken place. The have not however taken a form of wide public consultations but focusedrather on ad hoc exchange of views with the citizens. The CDA communication and interaction with thecitizens has faced major challenges since its establishment. The reasons for that are political (willingness toremain on the margin of the political crisis) but equally very low CDA’s capacities regarding communicationand outreach. Although the CDA rules of procedure refer to the need for the pubic outreach but the actualmechanisms have never been put in place. Similarly the communication and work with media, carried outthrough the media unit, is being carried out with out a clear strategy on ad hoc rather bases.

As of March 2015 the discussions are on-going at the CDA on an agreement of the proposed new timelinefor the projects. As much as the timeline and more certainty of the process could help to ensure higherpredictability of the constitution-making in Libya, it will remain highly dependant on the political dialogueprocess and its progress. At the same time the value of the constitution-making process as such should alsonot be underestimated. The CDA remains the only legitimated elected central body in Libya and so is theconstitution-making process. Therefore it is of a great importance that the process is carried on as it plays apositive role in addressing the overall crisis in the country.

History of exclusion of limited rule of law

Prior to the conflict, Libya—a net contributor country—was included in the category of HighHuman Development, with a Human Development Index rank of 64 in the Human DevelopmentReport 2011. A favourable international climate and high oil revenues resulted in strong annualGDP growth rates during the prior five years. The principal macroeconomic challenge for Libya

1Regional UN Development Group for Arab States and the Middle East and North Africa (AS&MENA), Response Strategy andFramework, Towards an Inclusive Development Path within a New Social Contract between State and Citizen, 2011

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has been economic diversification. The 2009 Millennium Development Goals Report suggested thatLibya is making progress toward MDGs attainment. The UNDP Country Programme Document forLibya (2011-2015) recognizes the need for support to active participation of citizens in thedemocratic transition in Libya including support to the constitution-making process (Outcome 1).

Ever since independence, Libya has not operated as a constitutional state, i.e. a state which is run withinthe framework established by a constitution. Neither the 1951 constitution nor the Gaddafi regimeprovided a proper role for people’s engagement in politics. Both were marked by an acute personalisationof power, with the consequent unpredictability, arbitrariness, favouritism and lack of accountability. Thejudiciary played no role in securing accountability of the state or the impartial application of the law.

As a result, a generation of Libyans has grown up without any knowledge of contemporary forms of stateorganisation (including the separation of powers), the responsibilities and accountability of thegovernment, political organisation for joint advocacy for policies and effective administration, and theinternational regime of human and group rights. There is a limited understanding among Libyan citizens ofthe importance of the constitution and the constitutional process, and with the importance of nationaldebate on public affairs and policies. There is also little familiarity with constitutional concepts such ashuman rights, equal citizenship, supremacy of the constitution, rules/procedures governing fairadministrative decisions, policies and conduct, rules governing state revenue and public expenditure. Also,few scholarly materials are available on the constitutional history of Libya. Therefore, it is imperative thatsupport to the development of the new Libyan constitution augmented with extensive awareness raising,civic education, and national consultative processes.

UNDP support to Libyan transition processIn March 2012, UNDP met with a group of Libyan CSOs at the launch of their Tripoli public dialogue on thenew Libyan constitution. The umbrella organization for several NGOs held preliminary discussions in twoother major Libyan cities and have produced a report and highlighted some of the early reflections fromthe NGO community on the constitution.

In April and May 2012, UNDP invited two subject matter experts to conduct an initial assessment and toscope the institutional requirement of the UN/UNDP to support the CSOs/NGOs in their preparations forthe constitutional process.

As a follow up on 23rd of May 2013 UNDP and Ministry of Planning organised a Local Project AppraisalCommittee (LPAC) meeting, in the course of which the proposed project was discussed. The meeting wasalso attended by representatives of academia, civil society and a private sector. It resulted in number ofrecommendations including project document text (these were addressed in the text of the prodoc) as wellas approach. Participants stressed on importance of public awareness and education on the constitutionincluding engagement of media. This and public participation should be done by strengthening of a role ofcivil society, engagement of academia and wide outreach to the Libyan population as well as surveys.Emphasis should be put on how to conduct constitution-making process and on supporting prominent role,which media, including social media should play in the constitution-making process. Libyan expertise, localcommunity leaders (community notables) and actively CSOs should be engaged in the process. On thesubstance of activities focus was put on questions of decentralization; women’s rights; minorities rights.Participants confirmed also that UNSMIL would have a lead role under activities in direct support toConstitution Drafting Assembly. Other activities on constitutional dialogue with academics/civil societywould be implemented by UNDP in coordination with UNSMIL. UNSMIL constitutional advisor will alsoparticipate in the Project Board.

As proposed project activities were assessed relevant and due to the genuine urgency of the interventionit was agreed that the implementation of the activities should continue as planned by UNDP in order tomeet the needs of the constitution-making process. Therefore participants agreed in principle on theproject document but the MoP suggests that before the document could be signed it would be advised tohold additional meeting with wider representation of the targeted groups.

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Is response to this recommendation UNDP organised on 3rd October 2013 a meeting with representativesof civil society under the theme: "How can UNDP facilitate participation of civil society in constitution-making process in Libya?" The meeting was attended by nearly 20 participants who identified areas ofCSOs priorities and needs to engage in the constitution-making process. These included need forintensified civic education prior to constitution drafting process and developing mechanisms ofcommunication between the CDA and civil society. It was also emphasised that communicationmechanisms between CDA and civil society/citizens should be established and that civil society shouldreceive support in capacity building in the areas of coordinated advocacy. Challenges related to lowinstitutional capacities of the state and insufficient funding as well as lack of security were evoked equally.The proposed project is addressing all the priority areas apart from security issues, which a beyond anycontrol of UNDP.

This project document and the project plan have been developed based on inputs from therecommendations of the Libyan stakeholders and experts.

Until March 2015 the ABC project focused on providing citizens with awareness on constitutionalissues, supporting organisation of events/platforms where the constitutional discussions took place,surveys as well as work with the CSOs. With formation of the CDA the project delivered direct support,in coordination with UNSMIL, to the CDA while continuing its work in the area of support to a publicparticipation. To date UNDP has in particular provided support to the constitution-making in Libyathrough:1. media/communication support to the CDA through development of media communicationguide, production of TV and radio PSAs, posters, billboards, visibility stationary. In addition,through BBC Media Action, implementing a launched of a multi-media outreach campaign onconstitution and trainings for journalists on constitution reporting. In February 2015 UNDPfielded in Al Baida a media/communication advisor who will provide direct support to theCDA, during, initially, three months period.2. providing documents including comparative chart of timelines of 18 constitution-makingprocesses in order to inform work of the CDA and, together with UNSMIL, provided the CDAwith the electronic library of constitutional document.3. organising a seminar for the CDA members on local governance in Beirut in November 2014.4. UNDP Supported National Survey on the Constitution by the University of Benghazi as well asa later phase of dissemination and discussion on the survey results in 2013.5. series of public constitutional debates organised at the universities throughout Libya in 2013.6. support to CSOs - UNDP is currently running a Civic Education Grant Fund working with 19Libyan CSOs covering the entire country. In the course of their projects the CSOs developconstitutional recommendations. The recommendations will be delivered to the CDA.7. jointly with UNSMIL and UNWOMES UNDP continuous supporting a participatory process ofdeveloping Libyan Women’s Demands for the Constitutions with the events/meetingsorganised in Libya, Cairo and Tunis. The process is on-going with the advocacy phase beingunderway.8. Implementing an initiative “I WANT… in my Constitution” with the national CSO focused ondeveloping constitutional recommendations in 2013.9. building network of dialogue facilitators through dedicated Trainings of Dialogue FacilitatorsWorkshops targeting mainly women from locations throughout the country in 2013.10. organising workshops for women representing CSOs and political parties on constitutionalissues.11. organising, jointly with UNSMIL, series of trainings for the CDA candidates on constitutionalsubstance and process matters, targeting around 55% of the 649 CDA candidates, in February2014.

On other UNDP activities supporting transition to democracy UNDP’s principal vehicle for supporting the2012 election of the GNC was the Libya Electoral Assistance Project (LEAP), which provided assistance aspart of an integrated electoral team that brought together resources from UNDP, UNSMIL and the UNOffice of Project Services as well as organizations such as the International Organization for Migration. The

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overarching goal of LEAP was to support Libyan authorities in a coordinated fashion to prepare for andconduct well-administered, transparent and credible elections that represent the will of the Libyan peopleand meet international best practices. Support in its first year of operations focussed on day-to-daystrategic and technical advice to Libya’s High National Election Commission, delivered through a contingentof international advisors, in areas including civic and voter education, strengthening of media, support toobserver liaison, media centre administration, security, graphic design, and tally centre management.Concurrently, long-term institutional capacity development was pursued through a series of trainingevents, sub-regional forums and study trips to countries such as Mexico, Tunisia and Jordan, with the goalof ensuring that a nucleus of leadership and critical staff built background skills and knowledge in areasrelated to electoral administration. Finally, operational support to the 2012 electoral process formed animportant part of overall LEAP efforts, particularly the provision of specialists in areas such as ballot designand the procurement of electoral materials that included 45,000 voter registration books, 3,500 voterregistration kits, 1 million laminates, 15,000 ballot boxes, 7,100 polling kits, 20,000 polling booths, 14,200bottles of indelible ink, and over 8 million ballots.

In the framework of another project supporting transition to democracy, SCELT, UNDP supported theenabling environment for civil society through supporting the development of the new legal framework forassociations in Libya and through the capacity development to the Ministry of Culture & Civil Society’sSupport Center’s in Tripoli, Benghazi and Misrata. SCELT targeted these outcomes in order to support itsfocus on CSO capacity to deliver on voter registration, voter education and civic education campaignsacross Libya’s 13 districts during Libya’s first national elections in over 40 years. Following the election itthen went on to build on the success of the elections through facilitating national and local dialogue andcivic engagement which will contribute to increased stability as the result of a more inclusive, resilient andtransparent transition process. SCELT also supported women’s political participation in political life andtargeted youth civic engagement and voter education, with over 5,000 students in 10 Universitiesparticipating in organizing civic and voter education events for their peers and then for almost 17,000young citizens nationally. The project also trained 3000 Libyan scouts’ members who then went on toreach almost half a million Libyan youth through Face-to-Face civic education activities.

STRATEGY AND RESULTS

Given UNSMIL’s mandate to promote inclusive political public dialogue and support the constitutional andelectoral process, it will be of critical importance to ensure that the Constitution Drafting Assembly isprovided with support to effectively discharge its duties to develop a draft Constitution in a participatoryway. To this end, the UN/UNDP will work to ensure that political actors and CSOs/NGOs are provided withthe technical and other support required to participate effectively in the constitutional process, be itdrafting constitutional proposals or otherwise. In partnership with UNSMIL, and drawing upon its globalnetwork, UNDP will provide technical expertise and facilitate exchange of best practices, including from theArab States region through the UNDP regional project Support to Arab Countries’ Efforts in TransitionalGovernance Processes, which has provided assistance to constitution development processes in Tunisiaand Egypt. An amendment to the UNDP Country Programme Document for Libya 2011-15 which includesoutcomes on support to the Libyan elections and the constitution making process was adopted in 2012 bythe UNDP, UNFPA and UNOPS Executive Board.

UNDP’s implementation strategy is based on the fundamental belief that the process and the outcome ofthe constitutional work must be Libyan owned and managed. To that end, UNDP has consulted with Libyancivil society actors on the design and the implementation methodology and approach and will ensure thatLibyan CSOs/NGOs are the custodians of the constitutional development process. As partners, LibyanCSOs/NGOs will be leading the national consultation and the public outreach component of the project. Asfor support to the Constitution Drafting Assembly and support to the Secretariat, UNDP will providesupport and training to the Libyan personnel so that they can manage the affairs of the ConstitutionDrafting Assembly members and ensure that citizens’ inputs are incorporated into the new LibyanConstitution. Apart from the CSOs/NGOs the current project has been discussed and developed withrelevant Government counterparts, including the Ministry of Culture and Civil Society.

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The overall objective of this project is to support Libya in its efforts to develop a constitution that meetsthe needs of the nation and its people, being appropriate, coherent and technically of good quality,recognised by the Libyan people as a constitution made in Libya adopted with a sense of pride andownership. UN/UNDP’s strategy is based on the fundamental belief that the process and the outcome ofthe constitutional work must be Libyan owned and managed. The UN anticipates that its assistance may besought on:

The procedures that may be used in the constitution making process, including in both the officialaspects and in those related to civil society activities;The substantive scope and role of a constitution in modern society and specifically in other Muslimand Arab countries;The methodology and materials for civic education and public outreach generally.

UNDP Libya plans equally to support implementation of the New Libyan Constitution once this one is inplace. Actual activities will be conceptualised once it is clearer what the constitution-making road map willlook like. This project is therefore considered a Phase I of UNDP engagement in the constitutional processin Libya with the Phase II – foreseen for the period following promulgation of the Constitution.

The following three outputs of this project will contribute to the preparation of a new national constitutionfor Libya, which is informed by global best practices, responds to the unique elements of the Libyancontext, and is the product of an extensive and broad-based consultative process.

Output 1: Support to the Constitution Drafting AssemblyThe CDA’s faces considerable challenges in addressing variety of need including technical, substanceresources, administrative capacities, ability to communicate and outreach as well as budgetary andsecurity constrains. Support by the UN to the Constitution Drafting Assembly is led politically by UNSMIL,with UNDP providing assistance for technical and operational aspects of the constitutional review process,in particular, technical support to the Assembly’s Secretariat (see below) and communication, publicoutreach (see Outputs 2 and 3). Further specific UNDP support to the Constitution Drafting Assembly(CDA) and sub-committees may include:

Providing technical advice and support for a public outreach and consultation process to beundertaken by the Constitution Drafting Assembly and provide assistance in the organization ofthese processes.Assistance to the CDA’s public information unit on an outreach strategy; outreach and media unitand provide media training to CDA members as needed.As needed and requested by UNSMIL, provide international experts on priority issues required bythe Constitution Drafting Assembly;Support to the Secretariat to provide research, legal analysis, logistics and administrative servicesto members of the CDA and their sub-committees;Collection, collation, and distribution of materials, including provision of international bestpractices, legal and academic papers from contemporary experiences on constitution making,including from the Arab region.Setting up a (e) resource/ICT base and documentation centre to ensure that the drafting process iscodified and documented for future academic and research use.

Output 2: General population is empowered to provide meaningful input and make informed decisionson the national constitutionIn order to make the constitution making process participatory, the project will support the developmentof media messages, facilitate public round table discussions and disseminate materials. UNDP will alsocoordinate with UNSMIL to commission/support the development of option papers by internationalexperts and local academics, NGOs and community organisations based on comparative experiences, witha focus on presenting issues and options rather than positions. Some of these issues may evolve arounddecentralization/federalism, human rights, nationality, Islam and constitution, governmental structuresand systems and transparency/accountability. The topics will be selected by the Libyan counterparts.

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Recognising the strong desire of Libyan counterparts to ensure a nationally owned process, UNDP will alsofocus on facilitating sharing of comparative experiences by international experts with local academics,NGOs and influential thought leaders who will then be empowered to provide expert policy advice to theCDA and public directly. The project will also work on forming a library of relevant material on constitutionmaking and constitution design, with the emphasis on material in Arabic and on Muslim/Arab countriesconstitutions.

UNDP support to this component may include:Develop with Libyan scholars and experts a user-friendly guidebook on the Libyan constitutionalprocess and other public awareness materials on key topics to help generate public dialogue anddiscussion.Working with the legal and political community, develop scholarly publications on constitutionalissues and facilitate expert public discussions with the broader legal community and academicinstitutions to develop a cadre of more skilled local experts who can advise the public and localleaders on key issues.Help national counterparts organize and lead town hall discussions and media debates on citizens’concerns, including at universities with students and throughout the regions with local leaders,faith-based organisations, CSOs and members of the public.Partner with expert institutions to design and develop workshops and training programmes onconstitutional, legal, human rights and gender rights issues.Document and codify constitutional process and help institutionalize information for futuredevelopment of university programmes on Libyan constitution.

Output 3: Support to Civil Society Engagement in the constitution-making processIn order to optimise public participation in the constitutional making process and safeguard the democraticprocess, the population of Libya, through CSOs/NGOs who can reach out throughout the country, need tobe informed adequately of their rights and obligations, as well as constitutional laws and procedures.UNDP recognises that Libyan CSOs/NGOs can and should play a key role in ensuring broad consultation andpublic outreach, particularly among women, youth and vulnerable groups.

A co-ordinated public outreach plan aimed at increasing the knowledge of the citizens about democraticprinciples, constitutional process and national issues at the heart of socio-economic and political reformswill be developed and implemented, in cooperation with Libyan CSOs/NGOs in order to increase theknowledge and understanding of citizens on constitutional issues. Based on this public outreach strategy,multi-media communications tools and materials will be developed, and capacity built in counterpartCSOs/NGOs, as appropriate. Also, training of trainers from civil society organizations and a small grantsprogram for CSOs/NGOs will be implemented. This output will be implemented in cooperation with UNDPSupport for Civic Education during Libyan Transition (SCELT) project.

Specific UNDP activities may include the following:Mapping out the list of Libyan CSOs/NGOs, academics, legal scholars, opinion leaders and mediaand support their on-going initiatives, including through a CSO Grants Facility.Develop educational materials for public distribution and Public Service Announcements;Support civil society to work with the CDA to establish a mechanism for facilitating feedback fromthe public to the Constitution Drafting Assembly.Advise civil society in advocacy strategies and programs for influencing the constitutional processand in monitoring the degree to which the constitutional committee is responsive to civil societyand citizen participation.Through CSOs/NGOs, organize town hall meetings, TV, radio debates and use social media to reachwider population, with particular strategies for reaching youth, women and vulnerablepopulations.Collection, collation, and distribution of materials, including legal and academic papers fromcontemporary experiences on constitution making, in particular from the Arab region.Provide international experts on priority issues of the constitutional making process for use by civilsociety.

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Target women, youth and cultural communities to encourage participation and debate and to helpensure any unique concerns are addressed, for example, accessing advice on temporary specialmeasures to be used to promote excluded groups.

GENDERThe project will pay particular attention to ensure that gender perspective is included in theimplemented activities. It is particularly important in the political processes in Libya where the role ofwomen in public life has traditionally been very limited. Their social position is deeply rooted inpatriarchal values and traditions, especially in the rural areas. Yet, the revolution has begun to changethe overall perception of women's role in society. Women of all ages have played an integral part inthe uprising and have carved out an enduring image of strength and credibility. Thus, the promotionof the role of women will be central to the post-conflict stabilization of the country and the creation ofan inclusive civil society in Libya. For many women, it also provides a fundamental indicator ofprogress in the political development of the country. Constitution-making process is one of the mostimportant political processes in the country. It will shape the future Libya including also the role thatwomen will play in political and social life. Based on the law 17 (2013) on the Election of theConstitution Drafting Assembly only 10% of the sits (6) is allocated to women. It is thus even moreimportant to ensure tat women participation in the constitution-making process is encouraged andsupported. This project will support women participation by using various methods. These willinclude trainings addressed to women, creating a network of trained women dialogue facilitators whowill then run dialogue sessions where women issues in constitution will be discussed. Presentation ofrecommendations on women issues to the CDA. Strong gender consideration will also be given in thework through civil society organisation (ex. Civic Education Grant Fund) as well as through variousmedia tools increasing awareness on the role of women in the society and benefits of theirparticipation in the constitution-making process. The project will also specifically work on genderissues in constitution through a dedicated component on developing Libyan Women’s Demands forConstitution.

RESULTS AND RESOURCES FRAMEWORK

Intended Outcome as stated in the Country Programme Results and Resource Framework:Outcome 1: Active citizen participation facilitates the democratic transition of the nationOutcome indicators as stated in the Country Programme Results and Resources Framework, including baseline and targets:

- Transitional authorities have managed fair and inclusive democratic processes- Number/percentage of civic engagement and monitoring activities of democratic processes implemented by CSO’s with specific focus on women and youth

Applicable Key Result Area (from 2012 UNDP Annual Business Plan): ABP Priority 6: 12-month national recovery and transition benchmarks andstrategies met with UNDP assistance in countries facing prolonged and elevated risk

Partnership Strategy: N/AProject title and ID (ATLAS Award ID): Assistance to Building a Constitution (Award xxxx)INTENDED OUTPUTS OUTPUT TARGETS FOR

(YEARS)INDICATIVE ACTIVITIES RESPONSIBLE

PARTIESINPUTS Data/ and

evidencesources

Output 1: Support to the ConstitutionDrafting Assembly (CDA)Baseline: The CDA in place with very lowcommunication and outreach capacities.Indicators:

- Number of studies, periodicals, legaltexts in Arabic language disseminated to theCDA.

- Adoption and implementation of aconsultative and public outreach process bythe CDA

- Media/communication strategy for CDAput in place

- No. of CDA outreach activitiesimplemented

- Ability of CSOs to access the CDA

- No. of the CDA members benefiting formtechnical workshops

- The CDA has beenprovided with the means toimplement public consultationand outreach process forreceiving public consultations

- Media/communicationstrategy for the CDA put in place

- The CDA provided withassistance in media andcommunication.

Activity 1.1Provision of technical support andexpertise as needed to CDA tosupport administration,procedures and modus operandirelating to public consultations,including with women and youthand, media outreach

Activity 1.2 Provision of resourcesmaterials on constitutionalprocess/comparative studies ofinternational best practice

Activity 1.3. ,Provision ofsubstance and processadvice/opinions to the CDA (asper the CDA/UNSMIL request)

ConstitutionDrafting AssemblyThe CDA Mediaand OutreachCenterThe CDA

Internationaland nationalconsultants andcompaniesSub-contractsTravel

CDA reports ;Progressreports fromUNDP-commissionedConsultantsand Advisors;Mediamonitoring;From the CDA -e.g.administrativerecords), aswell as otherpublishednationalstatistics and/ormedia reports,reports fromindependentoversightbodies and civilsociety/NGOgroups with

38

interests inperformance,as well asobservationsfrom other UNagencies andpartners

Output 2: General populationempowered to provide meaningfulinput make informed decisions onnational constitution.Baseline: 1 constitutional survey carried out. 17constitutional debates organised.Indicator:

- Number of workshops based onacademic contributions

- Number of population targeted by mediamessages on constitutional process andsubstance

- Number of PSAs developed

- Number of media strategies developed

- Translation of draft constitutionaldocumentation into all proposed nationallanguages for Libya

- Number of persons receiving draft legaldocuments

- Number of candidates to the CDAtrained.

Libyan population receiveinformed messages on theconstitution making process andsubstance

Libyan academics and other keystakeholders have beenengaged in the constitution-making process through theproduction of papers,organization of public debatesand workshops

Libyan population engaged inthe constitution-making throughparticipation in targeted survey

Enhanced coordination betweenLibyan and international actorsin the constitution-makingprocess

Activity 2.1Development of option paperswith academics

Activity 2.2:Facilitate coordinationand public round tablediscussions, trainings and openfora of Libyan/ internationalexperts on constitutional issuesthroughout the country

Activity 2.3Development of media tools/keymessages/surveys throughoutconstitutional process

Activity 2.4:Translation, printing and diffusionof draft constitutional materials toLibyan households

Libyan academicorganizationsLibyan mediaorganizationsLibya Govt.SpokespersonLibyanprofessors/academicsUNSMIL PIO

Sub contractsInternationaland nationalexpertsTravel

Contributionson theconstitution inLibyan nationalmediachannels,including radio,TV, print andsocial media

LibyanacademicreportsWorkshop androundtablereports byengagedstakeholders

Press releases.

Output 3: Support to civil societyengagement in constitution-makingprocessBaseline: Constitutional Dialogues organised by aCSO across the country. Facilitators forconstitutional dialogues trained. Fundingmechanism for CSO grantees working onconstitution launched.

CSOs/NGOs are equipped withthe necessary tools, instrumentsand capacity to effectivelyengage in the Libyanconstitution-making process.

Activity 3.1:Trainings for civil society actors,including women and youth onconstitutional matters includinginternational best practice tomake submissions that are takeninto account by the CDA

Activity 3.2:

Libyan CSOssupported throughUNDP’s GrantFund Facility(managed by CLICconsultants)CDAMinistry of Cultureand CSOs

NationalexpertsSub contractsTravel

Visits ofNational NGOplatformwebsites;Reports of CSOgrantees;global CSO-monitoringreports if

39

Indicators:Number of CSOs supported by UNDP to foster

their engagement and inclusion in the Libyanconstitution-making process,

Capacities of a) women groups, b) youth groups, c)ethnic component groups and d) other CSOs informulating and advocating their demands vis avis the constitution

Number of women’s demands included in the finalconstitutional text

Effectiveness of mechanisms/platforms to engagea) women’s groups, b) youth groups c) ethniccomponent groups and d) other CSOs otherCSOs in formulating and advocating theirdemands vis a vis the constitution

Number of consultative sessions with Libyanwomen’s groups and CSOs facilitated, analysed,archived and transmitted to the CDA

Number of small grants projects awarded fundsthrough competitive and transparent process tohost constitutional discussions

Support to organization ofconstitutional dialogueconferences, and participatoryprocesses for civil society actorsand Libyans at large

Activity 3.3:Small grants programme foractivities related to constitutionalawareness raising.

Ministry of LocalGovernmentMinistry ofPlanningUNDP projects

available anddonorassessmentsMediacontributionswhich involveCSOs, women’sand youthgroups

Evaluation ofCivicEngagementGrant FundManager,

40

ANNUAL WORKPLAN

Year: 2015 (updated for each year)

EXPECTED OUTPUTSAnd baseline, indicators including annual targets

PLANNED ACTIVITIESList activity results and associated

actions

TIMEFRAMERESPONSIBLE

PARTY

PLANNED BUDGET

2014Q1 Q2 Q3 Q4 Funding Source Budget

Description Amount USD

Output 1: Support to the ConstitutionDrafting Assembly (CDA)Baseline: The CDA in place with very lowcommunication and outreach capacities.Indicators:

- Number of studies, periodicals, legal textsin Arabic language disseminated to the CDA.

- Adoption and implementation of aconsultative and public outreach process bythe CDA

- Media/communication strategy for CDAput in place

- No. of CDA outreach activitiesimplemented

- Ability of CSOs to access the CDA

- No. of the CDA members benefiting formtechnical workshops

-

Activity 1.1Provision of technical supportand expertise as needed toCDA to supportadministration, proceduresand modus operandi relatingto the public consultation andoutreach;

Activity 1.2 Provision ofresources materials onconstitutionalprocess/comparative studiesof international best practice

X X X X UNSMIL/UNDP Transitionalgovernance andother

Internationalconsultants

Subcontracts

ProjectManagementincluding(Internationalstaff (P4manager),Genderspecialist P3(50%), Nationalproject officer,Project assistantProj. Support(travel projectstaff, comms)DPC

94,000

293,370

174,858

Output 2: General populationempowered to provide meaningfulinput make informed decisions onnational constitution.Baseline: 1 constitutional survey carried out. 17constitutional debates organised.

1. Development of optionpapers with academics

X X X X UNSMIL/UNDP Transitionalgovernance andother

Sub contractsGrants

ProjectManagementincluding(

732,90029,126

174,858

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Indicator:

- Number of workshops based on academiccontributions

- Number of population targeted by mediamessages on constitutional process andsubstance

- Number of PSAs developed

- Number of media strategies developed

- Translation of draft constitutionaldocumentation into all proposed nationallanguages for Libya

- Number of persons receiving draft legaldocuments

- Number of candidates to the CDA trained.

-

2. Facilitate coordination andpublic round table andregional town hallmeetings/workshops andopen fora of Libyan/international experts onconstitutional issuesthroughout the country

X X X X UNSMIL/UNDP Internationalstaff (P4manager),Genderspecialist P3(50%), Nationalproject officer,Project assistantProj. Support(travel projectstaff, comms)DPC

3. Development of mediatools/key messagesthroughout constitutionalprocess

X X X X UNSMIL/UNDP

4. Translation, printing anddiffusion of draft constitutionalmaterials to Libyanhouseholds

X X X X UNDP

Output 3: Support to civil societyengagement in constitution-makingprocess (in cooperation with SCELT).Baseline: Constitutional Dialogues organised by aCSO across the country. Facilitators forconstitutional dialogues trained. Fundingmechanism for CSO grantees working onconstitution launched.Indicators:

- Number of CSOs supported by UNDP to

1. Training for civil societyactors on constitutionalmatters, includinginternational best practices.Journalist training

X X X XUNDP

Transitionalgovernance andother

Sub contractGrants

ProjectManagementincluding(Internationalstaff (P4manager),Genderspecialist P3

200,000253,507

174,858

2. Support to organization ofconstitutional dialogueconferences for civil societyactors and Libyans at large

X X X X UNDP

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foster their engagement and inclusion inthe Libyan constitution-making process,

- Capacities of a) women groups, b) youthgroups, c) ethnic component groups andd) other CSOs in formulating andadvocating their demands vis a vis theconstitution

- Number of women’s demands included inthe final constitutional text

- Effectiveness of mechanisms/platformsto engage a) women’s groups, b) youthgroups c) ethnic component groups andd) other CSOs other CSOs in formulatingand advocating their demands vis a visthe constitution

- Number of consultative sessions withLibyan women’s groups and CSOsfacilitated, analysed, archived andtransmitted to the CDA

Number of small grants projectsawarded funds through competitiveand transparent process to hostconstitutional discussions

3. Small grants programmefor activities relating toconstitutional awarenessraising

X X X X UNDP (50%), Nationalproject officer,Project assistantProj. Support(travel projectstaff, comms)DPC

Subtotal 2,127,481

Facilities and Administration (7% and 8%depending on date of contributions)

159,973

TOTAL 2,287,454

MANAGEMENT ARRANGEMENTS

Integrated Project StructureThe SRSG will have the overall supervision of all UN constitutional support. UN Constitutional Support willbe coordinated by a senior D-1 Constitutional Advisor to the SRSG, who will provide guidance and ensurecoherence of the joint work by UNSMIL and UNDP on the constitutional support activities. The UNConstitutional Advisor will work under the overall supervision of the SRSG/UNSMIL.

The UNDP Project Manager will have a dual reporting line to UNDP and to the UN Constitutional Advisor.Any support by UNDP to the Constitutional Drafting Assembly, in terms of public outreach, proceduralassistance and/or substantive technical advice to the drafting committee, will be politically negotiated andled by UNSMIL, with technical support being implemented by UNDP. It is not envisaged that the UNSMILand UNDP Constitutions team will be co-located, in order to ensure that UNDP has appropriate space tocontinue to engage with local CSOs/NGOs. However, the UNDP Project Manager will meet at least weeklywith the UNSMIL Constitutional Advisor to discuss progress with the Project and any issues for follow up.UNSMIL will also share relevant political information. UNSMIL will be represented on the Project Board,and will participate in regular coordination meetings, in quarterly decision-making and in annualworkplanning.

As with the Libyan Electoral Assistance Project, LEAP, the UN’s constitution support will be undertaken byan integrated team working collaboratively to provide political, technical and operational support tocounterparts. The team will bring together UNSMIL, UNDP and other agencies, including UN Women, andother international organizations, if applicable, under one structure. Other UN agencies will also play animportant role. It is foreseen that the project will collaborate with the local office of the HighCommissioner for Human Rights in the preparation of materials and technical advice, with UNICEF on therights of the child and with UN-Women on women rights and women empowerment. The project will alsowork in close collaboration and synergy with existing and planned programmes in the output areas,including the UNDP regional project Support to Arab Countries’ Efforts in Transitional GovernanceProcesses, the UNDP regional Arab States Inclusive Political Processes Project managed by BDP/BCPR, theUNDP Support to Civic Education in Libya’s Transition (SCELT) project, and the UN/UNDP Libya ElectoralAssistance Project (LEAP).

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UNSMIL SRSG/DSRSG

UNDP ResidentRepresentative

UN Constitutional Advisor(D-1)

International Project Manager(P4)

UN Integrated ConstitutionalSupport Team

UNDP

NationalProjectOfficer

ProjectAssista

nt

ConsultantsContractors:Development of CDAmedia and outreachstrategies; Constitutionalexperts; Dialogueexperts; GrantsManagement.

AdvisorsUNSMIL

QualityAssurance

UNDP

Operationalsupport, ifneeded by

SCELT/LEAP

UNDPCountryOffice

Gender Specialist(P3)– shared with

SCELT

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Project Management StructuresThe UNDP project results will be reviewed through the Project Board.

Establishing an effective project management structure is crucial for success. The UNDP ProjectManagement structure consists of roles and responsibilities that bring together the various interests andskills involved in, and required by, the project. The details of this structure are:

Project Board: The Project Board approves the annual work plan (AWP). The Project Board mayalso review and approve project quarterly plans when required and authorizes any major deviationfrom these agreed quarterly plans. It is the authority that signs off the completion of eachquarterly plan as well as authorizes the start of the next quarterly plan. It ensures that requiredresources are committed and arbitrates on any conflicts within the project or negotiates a solutionto any problems between the projects and external bodies. In addition, it approves theappointment and responsibilities of the Project Manager and any delegation of its ProjectAssurance responsibilities. Representatives from the CDA, as well as NGO partners will representlocal beneficiaries on the Board, while UNSMIL and UNDP will represent the UN as suppliers ofservices to counterparts. Ad interim, before the CDA is formed, representatives of Ministry ofPlanning and Ministry of Higher Education will sit in the Board instead of CDA.

Project Assurance: The project assurance role supports the Project Board by carrying out objectiveand independent project oversight and monitoring functions. This role ensures appropriate projectmanagement milestones are managed and completed. Project Assurance has to be independent ofthe Project Manager and will be assumed by the UNDP country office program officer, withoversight support from UNDP headquarters (regional and technical bureaux);

Project Manager: The Project Manager has the authority to run the project on aday-to-day basis on behalf of the Implementing Partner within the constraints laid down by theBoard. The Project Manager is responsible for day-to-day management and decision-making forthe project. The Project Manager’s prime responsibility is to ensure that the project produces theresults (outputs) specified in the project document, to the required standard of quality and withinthe specified constraints of time and cost.

Project Manager

Project BoardSenior Beneficiary

Constitutional DraftingAssembly

CSO representatives

ExecutiveUN

Senior SupplierUNSMIL Constitutional Advisor

UNDP project

Project AssuranceUNDP program officer

UNDP HQ (RBAS, BCPR,BDP)

Project Support

Constitution Making Process in Libya

TEAM AMedia/communications

TEAM CPublic outreach &

support toCSOs/NGOs

TEAM BSupport to Constitutional

Drafting Assembly

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IMPLEMENTATION MODALITIES

UNDP will apply various modalities to implement activities planned in this project. UNDP may implementactivities either directly or through contracted partners. Contracting will be carried out throughprocurement modalities applicable for service and good providers as well as through programming toolsrelevant to work with CSOs like Micro Capital Grant Agreement. Under the MCG arrangements UNDP mayprovide funds to finance small grant proposals submitted by CSOs in line with the project requirements. Asrecipient of grants, CSOs will be accountable for achieving the grant objective on non-profit basis. UNDPmay also procure services of external company to manage and distribute grants to CSOs if this contributesto achievement of the deliverables under this project. The decision on choosing appropriateimplementation/contracting modalities will rest upon project manager acting in coordination with aCountry Director and in accordance with pertinent UNDP’s rules and procedure. Information on utilisingparticular procurement modalities will be provided in project reports.

Regarding selection of CSO who will partner with UNDP through Micro Capital Grants scheme this will bedone through a dedicated programme mechanism: The Grant Selection Committee. The Committee hasbeen established as an independent UNDP Libya body to select CSOs to be awarded with UNDP-Libyagrants. The Committee is formed by representatives of programme, projects and operations. The finalgrant selection decision will remain with UNDP-Libya as the grant management falls under UNDP’sstewardship and accountability. The Project Board will not be informed about grant awards, and willvalidate the selection report issued by the Grant Selection Committee in terms of due diligence.

MONITORING FRAMEWORK AND EVALUATION

In accordance with the programming policies and procedures outlined in the UNDP User Guide, the projectwill be monitored through the following:

Within the annual cycle On a quarterly basis, a quality assessment shall record progress towards the completion of key

results, based on quality criteria and methods captured in the Quality Management table below. An Issue Log shall be activated in Atlas and updated by the Project Manager to facilitate tracking

and resolution of potential problems or requests for change. Based on the initial risk analysis submitted (see annex 1), a risk log shall be activated in Atlas and

regularly updated by reviewing the external environment that may affect the projectimplementation.

Based on the above information recorded in Atlas, a Project Progress Reports (PPR) shall besubmitted by the Project Manager to the Project Board through Project Assurance, using thestandard report format available in the Executive Snapshot.

a project Lesson-learned log shall be activated and regularly updated to ensure on-going learningand adaptation within the organization, and to facilitate the preparation of the Lessons-learnedReport at the end of the project

a Monitoring Schedule Plan shall be activated in Atlas and updated to track key managementactions/events

LEGAL CONTEXT

This project document shall be the instrument referred to as such in Article 1 of the SBAA between theGovernment of Libya and UNDP, signed on 20 May 1976.Consistent with the Article III of the Standard Basic Assistance Agreement, the responsibility for the safetyand security of the executing agency and its personnel and property, and of UNDP’s property in theexecuting agency’s custody, rests with the executing agency.The executing agency shall:

a) put in place an appropriate security plan and maintain the security plan, taking into account thesecurity situation in the country where the project is being carried;

b) assume all risks and liabilities related to the executing agency’s security, and the fullimplementation of the security plan.

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UNDP reserves the right to verify whether such a plan is in place, and to suggest modifications to the planwhen necessary. Failure to maintain and implement an appropriate security plan as required hereundershall be deemed a breach of this agreement.The executing agency agrees to undertake all reasonable efforts to ensure that none of the UNDP fundsreceived pursuant to the Project Document are used to provide support to individuals or entitiesassociated with terrorism and that the recipients of any amounts provided by UNDP hereunder do notappear on the list maintained by the Security Council Committee established pursuant to resolution 1267(1999). The list can be accessed via http://www.un.org/Docs/sc/committees/1267/1267ListEng.htm. Thisprovision must be included in all sub-contracts or sub-agreements entered into under this ProjectDocument.

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ANNEXES

Annex 1: Risk analysis

Identified risks Type Probability Mitigation measureRisk 1. Political uncertainty ofthe CDA’s position within thecurrent crisis

Political High UNDP will keep monitoring closely the politicaldevelopments and

Risk 2. Difficulty to arrive to anational consensus on highprofile issues(decentralization, distributionof power & resources)

Political High CSP to provide expert support to the politicaldecision makers and CSOs/NGOs.

Risk 3. Reservation ofnational partners against UNsupport seen as foreigninterference.

Political Medium UNSMIL and UN agencies to take a low publicprofile on support to key transition processes.Support offered on the basis of impartiality,neutrality and international best practices.

Risk 4. Possible mistrust ofcivil society partners ingovernment institutions,Parliamentary Assembly &the CDA.

Political Low/Medium UNSMI/UNDP will continue supportingCSOs/NGOs.

Risk 5. The capacity of CDAis limited due to lack ofsubject-matter expertise,personnel and technical skills.

Operational Low/medium UNSMIL/UNDP will provide internationalexpertise, technical support and training to CCstaff. .

Risk 6. The short timelinemay impact on the quality ofpublic dialogue and broadparticipation.

Political High Preparatory work to support rapid functioningof constitutional committee.Rapid implementation of the public outreachprogramme with CSOs. NGOs.

Risk 7. Limited capacity ofLibyan CSOs to deliverprogrammes in a timelymanner.

Operational Medium UNDP to provide immediate and ongoingtechnical support to CSOs/NGOs.

Risk 8. Security situationdoes not allow outreach to allparts of the country.

Security Medium UNSMIL/UNDP will put in place contingencyplanning activities, remote support.Develop a business continuation strategy with

UNDSS colleagues.