Constitutional Reform Expert

Terms of Reference

The Carter Center is currently recruiting a Constitutional Reform Expert to contribute to anticipated programming in Guyana.

The Constitutional Reform Expert would work in close coordination with The Carter Center’s Legal Analyst and would report to the Georgetown-based Field Office Director and Atlanta-based Associate Director. The position is anticipated to be from December 2019 – November 2020 and will require regular travel to Guyana.

The Carter Center has supported democratic reform, electoral processes, and other activities in Guyana since the 1990s. The Center is currently preparing to conduct an Electoral and Political Observation Program in Guyana, contingent upon funding. The goal of this project is to support democratic governance in Guyana through credible elections, positive steps toward electoral and constitutional reform, and more inclusive governance. Carter Center programming may seek to reengage key stakeholders in constitutional reform discussions that promote inclusive governance and mitigate ethno-political tensions.

Applicants should have a minimum of 10 years experience in constitutional reform, including senior level experience implementing democracy and governance programs, election programming, and constitutional review processes. English language proficiency is essential. Experience in capacity building and training activities is also required, as well as experience working collaboratively with senior officials. Leadership skills, cross-cultural understanding, and the ability to provide advice and guidance regarding democracy promotion and sustainable peace are strongly encouraged.   The successful candidate will have experience in constitutional reform and constitutional analysis and will have a background in law and public international law.

Primary responsibilities of the Constitutional Reform Expert will include:

Written Analysis: Through desk review and a series of key stakeholder interviews, the Constitutional Reform Expert will conduct an analysis of Guyana’s Constitution and legal framework for democratic governance. The analysis should succinctly and effectively identify all potential issues found in the constitution. Analysis should be provided which illustrates how the article in question falls short of a relevant international standard for democratic governance and suggest potential recommendations for its rectification. The analysis should include review of past constitutional reform exercises in Guyana, including analysis of the process in which past constitutional reviews were conducted as well as analysis of the content and recommendations produced by past constitutional reform efforts. Analysis should include a mapping exercise of key issues and recommendations, including the relevant current and past positions of key stakeholders.

Analysis of the constitution should include a focus on the 21 human rights obligations for democratic elections that have been identified by The Carter Center.

Guiding questions for the conduct of this assessment may include:

  • Are there provisions in the constitution which are in direct disagreement with any internationally recognized standards?
  • Are there provisions in the constitution which have the potential to inhibit the fulfillment of any recognized human rights in practice? If so how?
  • Are provisions in the constitution for the guarantee of human rights, guarantee of an independent judiciary, security forces under civilian democratic control, credible democratic electoral processes in place?
  • What is the quality of provisions in the constitution for the establishment of key institutions?
  • What is the quality of provisions in the constitution for decentralization and local government?
  • What is the quality of provisions in the constitution for the system of government?
  • What is the quality of provisions in the constitution for the role of human rights?
  • What is the quality of provisions in the constitution for the recognition of diversity?
  • What is the quality of provisions in the constitution for the rule of law?
  • Are elements of the constitution either overly vague, resulting in potential issues in implementation?
  • Are elements of the constitution overly detailed or onerous, likely resulting in improper or incomplete implementation?

In-country Assessment: In coordination with the Carter Center’s Field Office Director, Legal Analyst, and Associate Director, an in-country assessment will be conducted to review the potential for proposed Carter Center programming on constitutional reform in Guyana. During the in-country assessment the Constitutional Reform Expert will join the Carter Center Field Office Director and other staff in meetings with key stakeholders to discuss past constitutional review processes and possible ways forward. The in-country assessment will shape the structure, content, and timing of proposed constitutional reform workshops to take place in Guyana, possibly during both the pre- and post-election periods.

Workshop Planning and Facilitation: In consultation with key stakeholders and in close coordination with the Field Office Director, Legal Analyst, and Associate Director the Constitutional Reform Expert will develop plans for a proposed series of workshops on constitutional reform in Guyana. The Expert will develop agendas, proposals for content, proposals for key participants, and any associated supporting documentation. Workshop content and supporting documentation may include where appropriate comparative analysis from the Caribbean region, Commonwealth, or other appropriate states.  Workshops may be focused on thematic areas such as review of past constitutional reform exercises and areas such as the structure of governance, the executive branch, the legislative branch and key functions, the judiciary, citizenship, decentralization, elections, and human rights. Workshops and other activities will have an emphasis on inclusiveness and representativeness.

This position will require travel to Guyana. Interested applicants should fill out the form found at this link: https://airtable.com/shrQKXVpli6ICEIu6.

The deadline for application is November 29.

If you encounter issues or have questions, please direct them to GuyanaEOM@cartercenter.org. Given the high number of expected applicants, the Carter Center will be unable to respond personally to unsuccessful applicants.