II. TERMS OF REFERENCE OF THE TECHNICAL WORKING GROUP
- Terms of Reference
The present document enshrines the Terms of Reference (TOR) of the Technical Working Group for the development of the SADC Model Law on Prison Oversight.
- Objective of the Technical Working Group
The principle objective of the Technical Working Group is to ensure that the development of the SADC Model Law on Prison Oversight follows a scientific and evidence-based approach which is supported by the required academic, technical, professional and community input as may be required to deliver a high-level legal instrument that responds to the demanding needs of the SADC region in terms of improving prison oversight mechanisms and ensuring compliance with international and regional human rights standards.
- Functions of the Technical Working Group
The Technical Working Group shall be entrusted with the following functions –
- act as a central point of call for all initiatives relating to the development of the SADC Model Law on Prison Oversight, including review and endorsement of key deliverables for each stage of the process;
- guide the way forward for the development of the Model Law by devising a costed action plan and roadmap which should cover the main steps until adoption of the Model Law by the SADC-PF Plenary Assembly;
- provide comprehensive technical guidance to the Consultants in charge of preparing the legislative provisions of the SADC Model Law, including by indicating relevant studies, inclusive national policies and plans, and human rights-related international and regional treaties and other guidance, that are to function as reference material in the drafting process. In this respect, the Technical Working Group will advise the Consultants on the prison-related literature and legal review required and will furnish broad drafting instructions to the Consultants accordingly;
- review and comment on the inception report or situational analysis of the Consultants, as well as the draft version(s) of the SADC Model Law;
- ensure support for the process through consultations with key stakeholders, including civil society actors in the region that work on the frontlines of prison oversight and accountability;
- participate at the validation workshop of the SADC Model Law in collaboration with the RWPC and interact with SADC Parliamentarians with a view to giving technical guidance for the recommendation of the Model Law to the SADC-PF Plenary Assembly;
- ensure that resources deployed for the development of the SADC Model Law are used effectively, including by ensuring a structured approach which eliminates duplication of tasks by Members of the Working Group or the Consultants.
- Composition, Sub-Working Groups and Co-opting
- Subject to subsection (2), the Technical Working Group will be composed of representatives of the SADC-PF, and representatives of partner organisations including but not limited to SADC Secretariat, UNHCR, UNODC, UN Women, UNAIDS, OHCHR, Committee for the Prevention of Torture in Africa, Penal Reform International, International Federation of ACAT;
- As far as possible, the Technical Working Group will be composed of 1-2 representatives from each organization, except where the nature of technical input to be furnished in accordance with an area of the Model Law warrants the participation of more representatives from the same organization;
- The Technical Working Group may form Sub-Working Groups to accommodate broader academic, professional and technical engagement as may be required, after which the Sub-Working Group shall promptly report its findings to the Technical Working Group;
- The Technical Working Group will additionally have the ability to co-opt other Members taken from representatives of organisations forming part of the Cohort List in Annex I, with a view to providing guiding expertise as and when required.
- Chairperson and decision-making process
- The Chairperson of the Technical Working Group shall be a representative as may be designated by the parties by consensus or by majority vote;
- As far as possible, decisions shall be taken by consensus, and alternatively by a majority vote but with the Chairperson having no casting vote;
- Notwithstanding sections (1) and (2), the Chairperson shall take into consideration the directional guidance of the SADC Parliamentary Forum which is necessary for the adoption of the SADC Model Law by the SADC-PF Plenary Assembly.
- Quorum
- Subject to subsection (2), the quorum of the Working Group shall be a majority of its Members.
- In case of a postponed meeting due to lack of quorum, the quorum at the postponed meeting shall be the Members present in case the same Members are still absent.
- The Secretariat of the Technical Working Group
- The Members of the Technical Working Group shall designate a Secretary to the Working Group which may be facilitated by one Member organization, with support from the SADC-PF;
- The Secretary of the Working Group shall have the following duties –
- convene the Working Group as required and inform Members of developments made;
- act as focal point for the Working Group with respect to third parties;
- circulate information and documents for review and compile the results;
- act as a repository of the records of the Working Group for the development of the Model Law;
- perform such secretarial duties as may be deemed appropriate by the Chairperson.
- Meetings of the Technical Working Group
Meetings of the Technical Working Group shall be held regularly, by physical or online means, as advised by the Chairperson.
- Procedure
Except as otherwise provided in these TOR, the Technical Working Group may regulate its own procedure.
- List of Members on the Technical Working Group
The list of Members of the Technical Working Group and their corresponding organisations will be as in Annex II to these TOR.
ANNEX I – COHORT LIST OF ORGANISATIONS FOR ENGAGING CONSULTATION PROCESS
- non-governmental organizations that work on prisons;
- national human rights institutions;
- judges and magistrates with experience in prison oversight;
- law associations engaged in prison oversight;
- prison officials;
- representatives from national preventive mechanisms
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