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TERMS OF REFERENCE

Facilitator and Rapporteur for SAHRC Summit on Escalating Racial Tensions in South Africa

Background to project

The South African Human Rights Commission (SAHRC or Commission) is an independent institution established in terms of Section 184 of the Constitution of the Republic of South Africa, 1996 (Constitution) to support constitutional democracy. Section 184(1) provides that the Commission must:

(a) promote respect for human rights and a culture of human rights;

(b) promote the protection, development and attainment of human rights; and

(c) monitor and assess the observance of human rights in the Republic.

Section 184(2) of the Constitution empowers the Commission to monitor, investigate, research, educate, lobby, advise and report, on matters where human rights may have been violated. In addition to the powers and functions conferred on the Commission by the Constitution, the SAHRC Act, 40 of 2013 further elaborates the powers of the Commission to discharge its constitutional mandates.

The Commission has observed the escalation of racial tensions and increased racial polarisation in South Africa. This is evidenced from the high number of race-based complaints received by the Commission annually, as well as through observations contained in research-,[1] investigative-[2] and hearing reports.[3] Most recently, the highly publicised violent protests that erupted in Senekal and Brackenfell High School, respectively, have again cast into stark relief the increasing racial polarisation that is occurring in South Africa. There is thus an urgent need for the Commission to address racial tensions and increasing racial polarisation in South Africa, in an effort to promote the constitutional vision of a non-racial society.[4]

Therefore, the Commission wishes to host a Summit that will assist it to seek advice from a diverse range of stakeholders as to how to approach an issue that is highly emotive and has already evoked hostility from certain interest groups. The Commission wishes to use these Terms of Reference to identify a person or organisation who will assist the Commission by acting both as a Facilitator and Rapporteur for the Summit.

Call for proposal

The Commission extends an invitation to suitably qualified Facilitator/Rapporteur for submission of a proposal to assist the Commission in hosting a Summit in February 2021.This will require you to assist with conceptualisation and development of a comprehensive stakeholder database for the Summit, in consultation with Commission staff. It will further require you to facilitate the Summit in a manner that acknowledges the emotive issue of race in South Africa, while eliciting diverse views from participants as to how best the Commission can address escalating racial tension and increased racial polarisation in South Africa. You will then be required to draft a Summit Report, which should record the proceedings of the Summit and additionally contain recommendations to the Commission as to how best address racial tension going forward. Finally, you will be required to incorporate input from the Commission and stakeholders to produce a final Summit Report, which must include recommendation to the Commission as to the way forward.

Project

The Commission requires the Facilitator/Rapporteur to complete the following tasks:

a) Assist in conceptualisation and stakeholder database development for the Summit;

b) Engage with Commission staff and stakeholders to ensure that there is a common understanding about the purpose of the Summit;

c) Facilitate the Summit in a manner that respects each participant’s inherent dignity, acknowledges the emotive nature of race relations in South Africa, and elicits diverse views from participants;

d) Act as a Rapporteur and record the Summit proceedings as well as recommendations to the Commission on the way forward, in a comprehensive draft Summit Report;

e) Incorporate comments received from the Commission and stakeholders in respect of the draft Summit Report, in order to provide the Commission with a final Summit Report that includes a record of Summit proceedings and recommendations to the Commission.

Key deliverables

The key deliverables for this project are as follows:

a) Conceptualisation and stakeholder database development for the Summit;

b) Facilitation of the Summit;

c) A preliminary draft Summit Report that includes recommendations to the Commission;

d) An approved, comprehensive final Summit Report that includes recommendations to the Commission.

Scope and methods of the work

The tasks and activities involved in undertaking the project include:

• Content research, preparation;

• Developing stakeholder database;

• Consultation with Commission staff and stakeholders;

• Developing draft Summit Report that includes recommendations to the Commission;

• Incorporating input from Commission and stakeholders into final Summit Report that includes recommendations to the Commission.

Resources

• The Commission will provide support to the Facilitator/Rapporteur on a needs basis through its officials as may be designated.

• The Commission shall not be liable for the costs of any research activities or costs attendant to the project save for the payment of the Facilitator/Rapporteur’s fee on completion of the outputs.

Project duration (i.e. Duration of Contract)

• The project duration shall be three calendar months from the date of appointment of the Facilitator/Rapporteur, or such time as the Commission is satisfied with the Summit Report.

Payment Schedule and Method

Note that related project costs such as printing, data, or materials cost or related expenditure incurred through the use of external services will not be borne by the SAHRC.

|Payment Amount |Schedule |

|25 % of project cost |Upon entering into the Service Level Agreement with the Commission |

|75% of project cost |Within twenty one (21) days of submission of the final draft and with the Commission’s approval of the |

| |final version of the Summit Report |

Payment method would be via electronic transfer to Facilitator/Rapporteur bank account per submitted invoices.

Competency and expertise requirements

Key competencies and expertise required include:

• A demonstrable knowledge of constitutional human rights, racism, South Africa’s history, and judicial developments in this regard.

• Excellent and demonstrable facilitation skills for engagements of a sensitive nature. Accreditation in mediation is preferable.

• Excellent and demonstrable research, analysis, writing, accuracy and report-drafting skills and ability to work under time pressure.

• Past experience in undertaking similar projects for public sector organizations and a familiarity with the South African Human Rights Commission’s mandate.

The Commission may require samples of reports or similar outputs for the purposes of its selection.

Evaluation criteria

|Criteria |Percentage |

|Previous experience |20 |

|Skills and competencies of Key expects |30 |

|Methodology |30 |

|In this section you should explain your understanding of the objectives of the assignment, | |

|approach to the services, methodology for carrying out the activities and obtaining the | |

|expected output, and the degree of detail of such output. You should highlight the problems | |

|being addressed and their importance, and explain the technical approach you would adopt to | |

|address them. You should also explain the methodologies you propose to adopt and highlight the| |

|compatibility of those methodologies with the proposed approach. | |

|Work Plan: |20 |

|The bidding candidates should propose the main activities of the assignment, their content and| |

|duration, phasing and interrelations, milestones (including interim approvals by the | |

|Commission), and delivery dates of the report. The proposed work plan should be consistent | |

|with the technical approach and methodology, showing understanding of the TOR and ability to | |

|translate them into a feasible working plan. | |

|Total |100 |

1. Conduct of work and reporting requirements

• The Facilitator/Rapporteur shall ensure the confidentiality of all communications and documents shared with her/him/them throughout the duration of the contract.

• The Commission shall be entitled exclusively to all intellectual property rights in and to all reports, recommendations, methods, strategies, plans, and processes produced as a result of this project.

• The Facilitator/Rapporteur is not permitted to reproduce or publish any of the submissions, documents, presentations, or output of this project, including any extract of same, for any purpose without the express written consent of the SAHRC.

• A failure to deliver on any of the terms of the project to the scope outlined above shall constitute a breach of the contract and shall result in the summary termination of the contract accompanied by forfeiture of any outstanding remuneration. The Commission may take such other additional measures it deems appropriate in the event of a breach

12. PRESENTATION OF PROPOSALS

• Submission of the proposal shall include the following:

• Individual/Company profile;

• BEE certificate;

• Tax clearance;

• CVs of project team members

• Financial proposals.

• SBD4 forms

• Service Providers must be registered on the National Treasury Central Supplier Database.

NB: Failure to provide required documents will result in disqualification

13 DEADLINE

Proposals must be submitted by 11:00 on 10th February 2021.

14. CONTACT DETAILS

Proposals can be submitted by e-mail to the following e-mail addresses: tdlamini@.za or rdiane@.za .

For further information or clarification, please email svanderberg@.za

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[1] SAHRC Research Brief on Race and Equality in South Africa 2013-2017 (2017); SAHRC Equality Report 2017/18 (2018); SAHRC State of Human Rights in South Africa Report (2020, unpublished).

[2] SAHRC Report into Inequality in Eldorado Park and Surrounding Areas and School Disruption at Klipspruit West Secondary School (2018).

[3] SAHRC Racism and Social Media Hearing Report (2019).

[4] Section 1 of the Constitution states that South Africa is sovereign democratic state founded on the values of (a) human dignity, the achievement of equality and the advancement of human rights and freedoms; (b) non-racialism and non-sexism; and (c) the supremacy of the Constitution and the rule of law.

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