Background

The Government of Lao PDR places high priority on establishing the rule of law state to support the socioeconomic transition of the country. Accordingly, since 2003 the Government has declared that it will strive: “to develop a coherent, credible and predictable legal framework established in a transparent and participatory manner”. To help achieve this objective, it adopted the Legal Sector Master Plan (LSMP) in September 2009. The LSMP establishes the framework for developing effective institutions in the entire legal sector of the country as the foundation for the rule of law.

The LSMP is in fact the culmination of intensive work and consultation carried out by teams of national legal experts. It is a comprehensive statement of the current needs of the Lao legal system, provides a series of guiding principles for developing a rule of law state, enhancing access to justice and enabling legal empowerment, and indicates an action plan to help achieve these goals. The LSMP represents the highest level - and most pragmatic - commitment to the rule of law since the 1991 Constitution and is the country’s first legal sector planning to be directed from the highest policy-making level. The LSMP pursues co-ordinated legal and justice system development and is based upon four central ‘pillars’ of the system:

• Pillar 1: A coherent framework of laws, decrees and regulations;
• Pillar 2: Institutional strengthening of legal and judicial institutions to implement legislation and enforce judgments;
• Pillar 3: Human resources capacity development in the legal and judicial sector; and
• Pillar 4: The means for ensuring that all laws and regulations are accessible to both state agencies and citizens.
  

UNDP is planning to launch a Support Programme to the LSMP (SPLSMP) Implementation 2013-2015 which will be the first to support implementation of the legal reform in Lao PDR in a holistic way: involving all the main stakeholders and DPs, coordinating activities and initiatives throughout the sector to create change in a phased and cumulative manner.

Through its support to the LSMP, the proposed SPLSMP will seek to achieve synergy and impact by coordinated and concerted effort across the legal sector. It will seek to streamline and improve efficiency of legal and judicial technical assistance administration by drawing together under the LSMP framework various donors and agencies, as well previously ad hoc reform initiatives, thereby giving substance to the principles set out in the Vientiane Declaration.

The proposed SPLSMP will deliver 6 key outputs:

• Enhanced capacity, procedures, and standards for legislative development in Lao PDR (implemented by MoJ)
• Improved mechanisms for effective legal institutions and systems (implemented by OSPP)
• Improved capacities of human resources in the legal and judicial sector at national and local levels (implemented by MoJ)
• Increased public understanding of legal rights and information, and increased participation in the legal system (implemented by MoJ)
• Support provided to ratification of key international conventions and enhanced implementation, enforcement, monitoring, and reporting under international legal instruments accepted by Lao PDR (implemented by MoFA)
• Enhanced capacity of the Secretariat to coordinate and implement the LSMP (implemented by MoJ)
  

Given that the LSMP is a significant undertaking that covers a comprehensive reform for the entire legal sector and LSMP implementation is both complex and demanding with important implications for the rule of law in Lao PDR, and in light of the complexity and the very wide range of anticipated activities, this calls for highly experienced technical advisors in the legal/governance field.

It is to be noted that the Government of France will be contributing to the proposed SPLSMP by seconding a technical advisor (French TA) to UNDP, who has been with the legal team since January 2012. Under the new proposed Support Programme, this French TA will mainly focus his/her work on Pillar 3 of the LSMP (Output 3 of the Support Programme) and possibly Output 2 (exact areas to be determined). Sub-output 3.2 (local justice) will be a shared responsibility between the proposed post and a French TA.

Duties and Responsibilities

Functions / Key Results Expected

Under the direct supervision of the Head of the Secretariat (National Programme Director) and overall supervision of the UNDP Head of Governance Unit, the Technical Specialist will take on the following duties and responsibilities:

With Respect to technical and policy advice on rule of law-related issues:

• Provide technical inputs and advice to the Programme on a wide range of issues for the legal sector reform as well as subjects directly related to the outputs of the SPLSMP, and more generally in areas of legal reform activity
• Advise senior government officials from relevant agencies on rule of law-related issues and support the government in the development of policy papers on rule of law-related matters and technical-legal documents as required
• Advise the government on the design and implementation of the SPLSMP, and on its linkages with the other major programs of the Governance Sector as well as the National Socio-Economic Development Plan
• Advise the government on identifying and designing projects and initiatives related to legal sector reform; and to facilitate the national, regional and international transfer of know-how and experiences in these subject areas
• Assist the government in designing systems for information-sharing/knowledge management in the legal and judicial sector, expanding experiences, lessons learned and addressing policy issues related to legal sector reform throughout the Government system
• Identify and establish relations with national and international networks that could provide technical and advisory support to efficient and effective Programme implementation 
• Provide other such advice and support as may be required by the Government and the UNDP as is to be expected in a dynamic process of legal reform

With Respect to overall SPLSMP Programme Support and Management:

• Advise the government on methodologies and practices associated with program management and support the National Programme Director (NPD) in project/program monitoring, reporting and evaluation (in particular advise NPD and UNDP on revisions to the work plan and budget plan, based on the operational and strategic appreciation of Programme implementation under given conditions, review programme resource requirements and provide advice to the NPD on the need for budget adjustments and revision)
• Advise the relevant parties to develop an annual work plan and a corresponding budget plan with clearly stated milestones contributing to the achievement of target outputs defined in the SPLSMP Document and obtaining approval from the Programme Board.
• Advise the Secretariat, Pillars and ministries/agencies on the legal content of proposed activities on a regular basis
• Support regular ongoing communication and information-sharing with the National Programme Director and Programme Board members, other technical advisors, pillar coordinators and Head of Pillars, in order to advise on the activity of programme staff, and on-going involvement in donor relations
• Advise the Programme Board in preparation for conducting tripartite reviews, annual Programme reviews, annual audits, mid-term evaluation and final evaluation of the Programme
• Mobilize competent national and international experts that are needed by the beneficiaries of the projects, following the agenda and activities that are supported by the projects.
• Support Secretariat staff to consolidate and synchronize proposals of Programme beneficiaries with Programme annual work plan and targets, providing advice on the appropriateness, as well as timeliness, of these proposals according to established targets and timeframes.
• Support Secretariat staff to prepare Terms of Reference (TORs) for required inputs (individual and institutional consultancy services, procurement of goods, organization of training sessions, seminars, etc.), with expert technical support as required.
• Liaise with all consultants to ensure that the planned deliverables are completed in a timely manner
• Support and be involved in organizing and facilitating project meetings, workshops etc. and substantive inputs
• Work closely with the LSMP Coordination Officer/Specialist in overseeing the implementation of the whole Programme, particularly:

- Support the government in the development and maintenance of programme/project annual and quarterly work-plans, budgeting, resource allocation, workload management, and performance assessment under the LSMP framework
- Support Secretariat staff to develop quarterly work plans and expenditure plans for the overall SPLSMP based on the agreed annual work plan
- Provide technical inputs to the Pillar Coordinators in preparation of progress reports
- Liaise with the Implementing Agency and UNDP on the conduct of Programme evaluation and ensure access by the evaluators to Programme documentation, personnel and institutions involved in the Programme
- Evaluate all training activities and workshops carried out by various agencies under the Programme, feeding into the progress reports
- Support the establishment and maintenance of a systematic filing system of key documents (in hard copy or soft copy) in line with audit requirements.
- Support the UNDP Programme Officer in closing projects operationally in accordance of rules and regulations of UNDP and in close coordination with implementing agencies.
- Assist LSMP Secretariat to confirm and attest to the timeliness of submission and the quality of goods and services procured for the Programme.

With Respect to donor coordination and resource mobilization:

• Support the government and the UNDP in the functions of donor coordination in the legal sector (particularly give guidance to the Legal and Institutional Oversight Sub-Sector Working Group and also the LSMP Aid Coordination Forum), coordination of legal-reform related donor funded projects, and the mobilization of additional donor funding to the legal sector (developing and implementing a resource mobilization strategy), as well as provide briefings to development partners when required
• Advise and brief the UNDP on specific issues and projects that relevant agencies are involved in

Specific Duties and Responsibilities with respect to Specific Technical SPLSMP interventions:

• Advise the government and the relevant Heads of LSMP Pillar on the design and implementation approaches to the following specific components of the SPLSMP:

- Output 1: Enhanced capacity, procedures, and standards for legislative development and implementation in Lao PDR
- Output 2: Improved mechanism for effective legal institutions and systems at national and local levels (it is possible that the French TA also coordinate related activities under this Output)
- Sub-output 3.2: Improved local justice system in selected “pilot villages and districts” under the Prime Minister’s Order 16 (it will be a shared responsibility with the French Technical Advisor)
- Output 4: Increased public understanding of legal rights and information, and increased participation in the legal system
- Output 5: Support provided to ratification of key international conventions and enhanced implementation, enforcement, monitoring, and reporting under international legal instruments accepted by Lao PDR (in close coordination with an International Law Specialist)
- Output 6: Enhanced capacity of the Secretariat to coordinate and implement the LSMP
Ensure close coordination with the French TA for the Output 2 and Output 3 of the SPLSMP (and in case of interim or absence, as and when needed, fully substitute the French TA to oversee the implementation of these two outputs)

Impact of Results

The Technical Specialist will provide strategic, advisory and technical support for overall management and implementation of the SPLSMP, covering substantive and coordination matters. The Technical Specialist will also be responsible for providing policy and technical advice, as well as implementation support, for specific interventions under the proposed SPLSMP, and providing support to leverage emerging opportunities to expand and strengthen the SPLSMP.

Competencies

• Demonstrates commitment to UNDP’s mission, vision and values
• Demonstrates integrity by respecting the GoL’s vision, values and ethical standards
• Displays cultural, gender, religion, race, nationality and age sensitivity and adaptability
• Treats all people fairly without favoritism
• Projects a confident leadership style that encourages team spirit and cooperation

• Ability to lead strategic planning and results-based management of legal reform plans, as well as the implementation and monitoring of reform roll out
• Conceptual and operational ability to support large scale sector wide reform
• Able to formulate and manage budgets, across multiple projects and components
• Can design and implement new systems in the government
• Creativity, flexibility and pro-activeness in a challenging work environment

• Ability to coordinate effectively and demonstrated conflict resolution skills
• Consistently approaches work with energy and a positive, constructive attitude
• Demonstrates strong oral and written communication skills
• Builds strong relationships with clients, partners and external actors
• Remains calm, in control and good humoured even under pressure
• Displays openness to change and ability to manage complexities

• Seeks and applies knowledge, information, and best practices from the region
• Demonstrated networking capabilities in working with government and partners
• Ability to manage and coordinate large scale multi-stakeholder projects and activities

• Promotes knowledge management in the Programme setting and among counterparts
• Ensures that the Programme leadership is well briefed and aware of requirements
• Actively pursues personal learning and facilitates development of colleagues

Required Skills and Experience

Education:

• A minimum of Master’s Degree or equivalent in law or development studies with a focus on governance, or related fields
  

Experience:
The Technical Specialist is an experienced professional with a demonstrated track record in providing sound policy advice, strategic planning and organizational guidance in relations to rule of law-related and legal/judicial issues in the context of development assistance. S/he has extensive experience in the legal sector understanding the complex inter-related nature of justice and legal sectors, and institutional strengthening. S/he has excellent interpersonal skills and is able to negotiate with diplomacy and tact. S/he has excellent written English and capacity to provide high quality reports in a professional and timely manner. Therefore s/he is expected to have:

• A minimum of 7 years of solid relevant practical experience at the national or international level in governance and legal reform areas, minimum 4 years of which involved project management
• Extensive experience with comprehensive legal reforms at the national and local levels and strong understanding of the requirements of effective legal sector reform, particularly in transitional economies
• Strong background in a wide range of legal issues related to the Support Programme
• Proven experience in program and project management, in providing management advisory services, hands-on experience in design, monitoring and evaluation of development projects.
• Familiarity with the legal and judicial sector of Lao PDR or similar programs in the region strongly preferred
• Demonstrated substantive capacity to deal with and advise senior government officials
• Experience with the usage of computers and standard office software packages.
• Results oriented, strong team player
• Sound judgment, flexibility and adaptability, cultural sensitivity
• Familiarity of UNDP system, rules and procedures an advantage.
• Extensive experience in programme coordination an asset
  

Language requirements:

• Excellent command of the English language, with excellent written and oral communication skills.
• Knowledge of or familiarity with the Lao language would be an advantage.

FC: 04000