Economic Commission for Africa

ICT, Science and Technology Division (ISTD)

ICT for Development Section

The Development of a harmonized Legal Framework for ICT

Objective

The Economic Commission for Africa (ECA) was established by the Economic and Social Council (ECOSOC) of the United Nations (UN) in 1958 as one of the UN's five regional commissions. ECA's mandate is to promote the economic and social development of its member States, foster intra-regional integration, and promote international cooperation for Africa 's development.

The objectives of the Regional Economic Communities (RECs) are to expand the economic space to take advantage of economies of scale ensure a stable social environment and ultimately improve the living conditions of the populations. More specifically, the RECs aim to promote cooperation and integration leading to the establishment of an economic union in the sub-region. The RECs are ECA 's main clients at the sub-regional level. As such, the Commission and its SROs work closely with the main RECs to harmonize membership, strengthen policy and build technical capacity to pursue regional integration. These RECs include the Arab Maghreb Union (AMU), the Southern African Development Community (SADC), the Common Market for Eastern and Southern Africa (COMESA), the East African Community (EAC), the Inter-governmental Authority on Development (IGAD), the Economic Community of West African States (ECOWAS), the Central African Economic and Monetary Community (CEMAC), the Economic Community of Central African States (ECCAS), and the West African Economic and Monetary (UEMOA).

Recognizing the important role information and communication technologies (ICTs) play in facilitating the attainment of development goals, and encouraging the diffusion and utilization of information technologies in Africa and enhancing the entry of the continent into the global knowledge economy, the ECA launched the African Information Society Initiative (AISI) , which serves as a guiding framework for building the Information Society. Since the launch of AISI in 1996, ECA has been supporting Regional Economic Communities (RECs) to embark on the development of Regional Information and Communication Infrastructure policy and Plan (RICI) at the sub-regional level. With this background, a number of Regional Economic Communities are requesting ECA's assistance in the development of sub-regional policies and plans, including the harmonization and coordination of national efforts as an integration strategy.

At the sub-regional and regional levels, ECA's support had focused on the following areas:

•  Harmonization of national regulatory frameworks as countries deregulate and liberalize their telecommunication markets;

•  Creation of a framework for the development of ICT infrastructure that facilitates regional economic integration goals of the continent;

•  Strengthening capacity at the sub-regional level in ICT for development and building a critical mass to facilitate regional integration through ICTs .

In addition, Africa 's commitment to ICT for development had been demonstrated through the NEPAD Action Plan, where ICTs had been identified as a key priority sector with projects and initiatives to speed up sub-regional/regional connectivity and inter-connectivity plans.

Despite a number of achievements, the sub-regions face daunting challenges, which include sustaining political commitments through the adaptation and the harmonization of national policies, including on Information and Communication Technologies (ICTs) and adopting of comprehensive e-security policy. It was in this regard that the African Information Society Initiative (AISI) addressed the creation of legal and regulatory environment as a priority by stating: “African Information Society cannot be realized without the appropriate institutional, legal and regulatory framework and mechanisms at the national level as well as at the regional level. It is essential to address the legal, regulatory and institutional practices in African countries, which inhibit the development of national information services and connectivity to the global information infrastructure”. …. “To ensure smooth implementation of the national information and communication infrastructure in African countries, governments need to address the legal and regulatory issues, which currently constrain the use of these new technologies. This may require modification of laws and regulations in different areas such as communication, intellectual property, privacy and the free-flow of information”.

Duties and Responsibilities of Consultant

•  Produce Drafts Bills, Decisions and Directives on the Information Society among Member States.

•  Propose a harmonized legal framework, fine-tuned and adopted by the sub-region member states based on the analysis of the situation in the sub-region.

•  Develop legal framework and related bills in consultation with the Regional Economic Community representatives and legal experts from the Governments of the member states, including the Organization for the Harmonization of Business Law in Africa (OHADA). It is essential that the proposed legal framework reflect the needs and aspirations of member States. It will also take into consideration existing international standards, proposals and recommendations made by other international agencies, such as the United Nations (UNCTAD and UNCITRAL) with a view to ensuring international compatibility and inter-operability within the global economic system.

•  A documented analysis on national, regional and international activities in the development of a legal framework for ICT (Cyber laws).

The activities required to produce this analysis include:

•  Desk research on existing legal frameworks in West African countries;

•  Consultations with representatives of the REC and member States to collect information on current activities and requirements and identify challenges and opportunities in developing cyber laws;

•  Investigation on existing approaches and activities within the sub-region and other sub-regions in Africa

•  Review of international standards, recommendations and frameworks which are relevant to the sub-region as well as the WSIS decisions and ARAPKE;

•  Proposal on the development of common terminology

•  A series of Draft Cyber laws as prioritized by the November workshop.

•  A series of consultation workshops organized for representatives of the REC and the sub-region Member States and other key stakeholders, such as private sector companies, mass media, academia, civil society and jurists, to discuss the proposed legal framework.

•  Incorporate the feedback, comments and suggestions from the participants into the study and present the recommended options to the RECs secretariats, through ECA.

•  Documented recommendations on the implementation of the proposed legal framework at the country level.

•  Proposal for the extension of the Proposed Legal Framework to other African Sub Regions.

Qualifications

Education

Advanced university degree (Master's degree or equivalent) in Law, Cyber Law, Commercial Law, Business Administration, ICT and related fields. A first level university in degree with a relevant combination of academic qualifications and experience in the field of legal and regulatory information systems framework may be accepted in lieu of the advanced university degree.

Work experience

A minimum of five years of progressively responsible post-graduate experience in an area of relevance to the section's work. Experience in the African context will be an advantage.

Competencies

Professionalism - Extensive knowledge of all aspects of information systems policy development, management and monitoring. Conceptual and strategic analytical capacity to understand information system and business operational issues so as to thoroughly analyze and evaluate critical systems matters; in-depth knowledge of the country's information infrastructure status, poverty reduction strategy and other development agendas.
Creativity - Original and creative thinking in advising and resolving major issues and problems related to mainstreaming policy in development agendas.
Teamwork - Good interpersonal skills; ability to establish and maintain effective working relations with people of different national and cultural backgrounds.
Communication - Effective written, oral and presentation skills, particularly ability to present information in a concise and accurate manner; ability to defend difficult issues and positions to senior officials; ability to interact with high-level government officials.
Planning and Organizing - Proven ability to prioritize, plan and organize own work and ability to integrate work into the work of the unit; ability to monitor and adjust plan and priorities as necessary and to work according to deadlines.

Language

English and French are the working languages of the United Nations Secretariat. For the work of the section, fluency in written and oral English or French is required. Knowledge of the other language is an advantage.

HOW TO APPLY

Interested persons who wish to be considered for the roster are requested to complete the Personal History Form (Form P-11) and send it before 31 May 2008 by e-mail to: ecarecruitment@uneca.org . Kindly note that only applications submitted on Form P-11 will be reviewed.

The United Nations shall place no restrictions on the eligibility of men and women to participate in any capacity under conditions of equality in its principal and subsidiary organs (Charter of the United Nations - Chapter 3, article 8).

After the initial screening process, persons found to meet the eligibility requirements indicated in the TORs will be contacted for verification of their academic and professional credentials. On completion of the verification process, those retained for roster will be advised accordingly. They will subsequently be contacted to undertake consultancy assignments whenever the need arises. The duration of such assignments ranges from one to six months.

http://www.uneca.org/aisi/