Terms of Reference
Legal Expert
Project: PDHJ in Timor-Leste
Title: Consultant: Legal Expert
Location: Home based and at least 4 weeks in Dili
Type of contract: Special Service Agreement (SSA)
Duration: 75 days – March to November 2010
Starting date: 25 March 2010
Project Background:
UNDP together with OHCHR is engaged in a long term capacity development Project of the Provedoria for Human Rights and Justice. The Provedoria for Human Rights and Justice (PDHJ) is the national human rights institution (NHRI) of Timor-Leste. The PDHJ main office is in Dili regional offices have recently been opened in Oecussie, Baucau, Maliana and Maubisse. Building upon the existing human rights knowledge and skills which have been developed through the implementation of the UNDP-OHCHR Capacity Building Project for the Provedoria (2007-2009), the current Project (2010-2014) continues to strengthen the PDHJ’s human rights mandate, the department of public assistance, the four new PDHJ regional offices and the development of the PDHJ’s legal capacity. The project also provides support to the PDHJ institutional planning and management which is seen as crucial to the effective fulfillment of the human rights mandate and future re-structuring of the PDHJ in light of the recent amendment of its law with the removal of its Anti-Corruption mandate.
To achieve these aims the Project has the following principal outputs:
- PDHJ staff is able to conduct legal analysis, are knowledgeable about Human Rights concepts and understands how these concepts are applied in their work.
- PDHJ has effective and efficient institutional structures and management systems
- PDHJ has effective information and knowledge management systems
Role Description and outputs:
This post is seeking to recruit a legal professional to assist the Capacity Development Project (CD Project) in supporting the PDHJ in developing is legal capacity in relation to development of its internal regulatory framework and well as in the implementation of its mandate specifically as it relates to legal analysis and human rights. In relation to the PDHJ’s internal regulatory framework the consultant is required, in close consultation with Project Manager and relevant staff of the PDHJ to draft an Organic law, Organic structure of Directorates within PDHJ and Internal Orders of management positions within the PDHJ. In relation to the implementation of the mandate of PDHJ, the legal expert will work with the Project Manager to develop human rights learning materials including the finalisation of three draft annotations of laws of Timor Leste which have important relevance to PDHJ, specially its human rights mandate. Further the legal expert is required to draft a programme and materials for the development of curricular for training of legal officers of the PDHJ to be implemented in 2011.
The legal expert (the “consultant”), under the direct supervision of the Project Manager, is expected to assume the following responsibilities:
Stage 1
- Review strategic planning and decisions of PDHJ Organic Law working group and conduct facilitation of working group discussion if required; (approx. 7 days)
- Prepare draft Organic law for consideration by PDHJ Organic Law working group (approx.8 days);
- Revise draft law on basis of consultations with PDHJ Organic Law working group (approx. 3 days);
- Prepare draft of Organic Structures for 4 Directorates (approx. 6 days);
- Revise drafts of Organic Structures for 4 Directorates based on consultations with Directorates (approx. 2 days)
- Draft Internal Order for relevant positions (approximately 20 positions) (approx. 3 days);
- Prepare the submission proposals for the Council of Ministers as per applicable format in Timor-Leste (approx. 2 days);
- Working together with the legal advisers of the Council of Ministers, make relevant revisions based on discussions in the Council of Ministers
Stage 2
- Review three draft human rights annotation publications of CD Project to edit the publications for quality and accuracy of international human rights analysis, consistency of format and content between publications (12 days);
- Review translated annotations product prior to printing for finalization; (4 days)
Stage 3
- In consultation with Project Manager, research and prepare plan for the development of legal curriculum and learning materials; (3 days)
- Draft legal curriculum including learning materials and tools according to planning in consultation with PDHJ and Project Manager and other relevant stakeholders (20 days);
- Provide mentoring and training to PDHJ staff on legal analysis and writing as required in consultation with Project Manager and PDHJ (5 days).
Outputs of position:
- Draft of Organic Law (end of June 2010);
- Revised version of draft of PDHJ Organic law (end of July 2010);
- Draft of Organic Structures for 4 Directorates (end of August 2010);
- Revised draft of Organic Structures for 4 Directorates based on consultations with Directorates (mid September);
- Draft Internal Orders for relevant positions (end of September 2010);
- Review three draft human rights annotation publications of CD Project to edit the publications for quality and accuracy of international human rights analysis, consistency of format and content between publications (end of June 2010);
- Review translated annotations product prior to printing for finalization (end of July 2010);
- Plan for development of legal curriculum developed (mid August 2010);
- Legal curriculum and learning materials developed (mid November 2010).
Competencies
· Demonstrated excellent written and oral communication skills;
· Excellent interpersonal, intercultural and networking with a demonstrated ability to build and maintain professional relationships;
· Cross-cultural experience and sensitivity;
· Commitment to the principle of independence and confidentiality of the PDHJ;
· Ability to work effectively under pressure
Qualifications:
1. Education:
· Masters in law essential, international human rights focus an advantage;
2. Experience:
· 7 years experience in working in the area of human rights essential;
· Demonstrated experience in capacity development, such as design and delivery of trainings, provision of mentoring and development of human rights and legal learning materials;Demonstrated experience in drafting legislation an advantage;
· Experience working in a National Human Rights Institution, legal profession or with justice sector institutions would be an advantage;
· Experience working in post conflict countries or Timor Leste an advantage;
· Knowledge and experience of civil law system essential; knowledge of the Timorese legal framework an advantage
3. Language Requirements:
· Excellent English Language skills essential
· Tetun and/or Portuguese language skills a clear advantage.
Vacancies Contact
Please submit your applications letter together with: Curriculum vitae, financial proposal; P11 forms on line by accessing this link: http://jobs.undp.org/cj_view_job.cfm?job_id=15210
Individual consultants must submit the financial proposal with a workplan. The financial proposal should include all necessary fees and cost related to the assignment, except the travel cost at the beginning and at the end of the assignment which UNDP will pay. UNDP will not cover any other additional expenses outside of the financial proposal. The financial proposal should be reasonable based on the TOR and proposed workplan.
The deadline for submitting applications is 12 March 2010.
Only short-listed candidates will be notified.
Women candidates are strongly encouraged to apply.
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