Background

Under the Support Project to Legal Sector Master Plan Implementation

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 coordinated 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 launched a Support Project to the LSMP (SPLSMP) Implementation 2014-2016 which is the first programme 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 a positive change in a phased and cumulative manner.

 Through its support to the LSMP, the 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.

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 a highly capable programme specialist in the legal/governance field.

It is to be noted that the SPLSMP has 2 technical advisors located at the government’s building that will provide much-needed technical support for all the fields covered in the project. One legal programme specialist is seconded by the Government of France to UNDP, who will mainly focus on Pillar 3 for establishment of a national judicial training institute amongst others.

Under the National Assembly Strategic Support Project

According the Lao Constitution amended in 2003, “The State of the Lao People's Democratic Republic is a people's democratic state. All powers belong to the people, [and are exercised] by the people and for the interests of the multi-ethnic people of all social strata with the workers, farmers and intelligentsia as key components” (Article 2), and “The people are to elect representatives, namely the National Assembly, to ensure that their rights, powers and benefits are addressed” (Article 4). “The National Assembly is the representative of the rights, powers and interests of the multi-ethnic people. The National Assembly is also the legislative branch that has the right to make decisions on fundamental issues of the country, [and] to oversee the activities of the executive organs, the people's courts and the Office of the Public Prosecutor” (Article 52).

The NA has an ambitious Legislation Programme for 2011-2016 and is facing challenges in realizing its legislative duties, such as delays in the review of draft laws and the deliberation and passage of laws. The overall majority of draft laws originate from the executive and the NA has limited in-house technical skills to draft legislation or analyze legislative and policy issues. Currently, the NA has no dedicated research unit or full-time researchers. Most technical staff are civil servants in the departments of committees. The NA faces a shortage of data and information, necessary to review draft laws, assess impacts, and to make informed decisions about policy options. Interaction with the constituents and public consultations remain limited.

The new National Assembly Strategic Support Project has the objective to improve the capacity of the NA to be able to effectively review and deliberate draft laws, conduct oversight, and represent constituents as an important aspect of the parliaments’ contribution to democracy and development in Lao PDR through 3 Outputs:

  • Output 1: Enhanced capacities of National Assembly committees in conducting their legislation-making role;
  • Output 2: Strengthened institutional and human resource capacities for an effective National Assembly support service;
  • Output 3: Increased dialogue promoted between the National Assembly and Citizens to strengthen citizen’s participation in decision making.

Although the new project was designed to cover 3.5 years, the commitment at this stage is only for the first 12 months from the launching in end of June 2014 until May 2015. An assessment will be conducted after the 12th month to determine the progress and will influence the decision of continuation for the subsequent remaining years.

 This post will be based at the UNDP Lao PDR’s Country Office while closely working with the SPLSMP and NASSP team at the respective agencies.

Duties and Responsibilities

Under the guidance of the UNDP Assistant Resident Representative at the Governance Unit, the Programme Specialist analyses political, social and economic trends and leads formulation, management and evaluation of project activities within his/her portfolio.

In addition to such usual range of work as a project assurance role, the Programme Specialist will provide overall coordination and management support for the Secretariats (located at MOJ and NA), pillars, working groups, development partners, and the Governance Sector Working Group mechanism. Also, together with the Technical Advisors, this post will assist Project Coordinator with all the reporting and planning requirements that each pillar/Output needs to submit to the Secretariats.

Support to implementation of the Legal Sector Master Plan requires a great deal of coordination with various stakeholders (such as LSMP core agencies, relevant ministries/agencies, development partners, civil society organizations, etc.). The Programme Specialist will play a critical role in ensuring increased coordination among such actors in the legal sector, NA, strengthening the capacity of the Secretariat, and providing guidance and support to Project Coordinator with monitoring and evaluation. Without this post effectively functioning, the Technical Advisors will suffer from having to take on the extra burden instead of being able to focus on the technical work.

The post will include the following responsibilities:

  • Analysis and research of the governance, political, social and economic situation in the country and preparation of substantive inputs to UNDAF, CPAP and other cooperate documents to all the governance unit project and with a specific focus on the SLSMP and NASSP project;
  • Effective quality assurance of the CO programme in Governance areas focusing on  quality control from formulation to implementation of the country programme through  application of RBM tools and monitoring achievement of results;
  • Support SPLSMP and NASSP to translate translating UNDP’s priorities into local interventions and Introduce of performance indicators success criteria, cost recovery, targets and milestones;
  • Maintain project portfolio in ATLAS, finalization of contribution agreement; determination of required revisions; coordination of the mandatory and budget re-phasing exercises, closure of projects through review;
  • Perform functions of appropriate level in Atlas for POs and vouchers approval, participates in recruitment processes for projects;
  • With particular attention to SLSMP and NASSP, identify operational and financial problems, conduct financial and substantive monitoring and evaluation of the project, participation in audit of NIM projects, spot check, and follow up on audit recommendations;
  • Prepare regularly aggregate reports on outputs and outcomes and preparation of donor reports;
  • Conduct analysis and research of information on donors, preparation of substantive briefs on possible areas of cooperation, identification of opportunities for initiation of new projects, active contribution to the overall office effort in resource mobilization;                                                                                                                                      
  • Ensures provision of top quality advisory services and facilitation of knowledge building and management focusing on Identification of sources of information related to policy-driven issues,  Identification and synthesis of best practices and lessons learnt directly linked to programme country policy goals;
  • Support the projects to sufficiently coordinate among various stakeholders at different levels (National Leading Committee on Governance, Governance Sector Working Group, Project Board (both SPLSMP and NASSP), Secretariats, Pillars, development partners, etc.);
  • Assist the SPLSMP and NASSP  to ensure  the overall execution of outputs according to the project document, annual work plans, and NIM guidelines;                                                                                                                             
  • Ensure that agreements with donors are fully complied with during the implementation period, including proper reporting for donors and timely request for financial installments;
  • Support to Country Office and key stakeholders in identifying and actively seeking opportunities for resource mobilization for the sector. The post should expect the addition of a project to support new project or two in related areas under the relevant sectors as the programme expanded;
  • Perform other duties as required.

Impact of Results

The Programme Specialist will provide assurance and coordination support  implementation of the SPLSMP and NASSP , The Specialist will also be responsible for monitoring smooth implementation of the SPLSMP and NASSP, specific interventions under the Project, and providing support to leverage emerging opportunities to expand and strengthen the SPLSMP and NASSP

Competencies

Corporate 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.

Functional Competencies:

Development and Operational Effectiveness:

  • Capacity to understand and handle effective management and implementation of this large-scale project at macro-level;
  • Conceptual and operational ability to support large scale sector wide reform;
  • Ability to monitor budgets, across multiple projects and components;
  • Ability to help design and implement innovative ideas;
  • Creativity, flexibility and pro-activeness in a challenging work environment.

 Management and Leadership:

  • Ability to coordinate effectively and demonstrated conflict resolution skills;
  • Consistent approach to 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 humor even under pressure;
  • Displays openness to change and ability to manage complexities.

 Partnering and Networking:

  • 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.

 Knowledge Management and Learning:

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

Other Relevant Compentencies:

  • Familiarity with the Parliamentary systems and   legal and judicial sector;
  • Sound knowledge of UNDP rules and regulations (including NIM modality) as well as donor agreements;
  • High-level capacity to work with a wide range of stakeholders at different levels;
  • Strong inter-personal skills;
  • Strong planning and coordination ability;
  • Ability to handle pressure;
  • Well-developed reading, writing, and speaking skills in English;
  • Strong focus on results-based performance and ability to monitor performance;
  • Sound judgment, flexibility and adaptability, cultural sensitivity.

Required Skills and Experience

Education:

  • A minimum of Master’s Degree or equivalent in law, public policy, public management, development studies, political science or related fields.

Expereince:

  • Given the complexity of these large-scale projects, it is expected that the Programme Specialist comes with strong background in effective project management, coordination, and communications coupled with proven familiarity and experience with the legal sector programme;
  • At minimum of 5 years in working in the field of legal sector development, project management and coordination, and communications.                                                                                                                                          

Language:

  • Excellent command of the English language, with excellent written and oral communication skills.