UNDP Jobs - 49163- International Consultant for Conducting Analysis o

International Consultant for Conducting Analysis of the Costs of the Legal Aid in Tajikistan

Location :

Dushanbe, TAJIKISTAN

Type of Contract :

Individual Contract

Starting Date :

Application Deadline :

04-Sep-14 (Midnight New York, USA)

Post Level :

International Consultant

Duration of Initial Contract :

60 days (including 20 days in country)

Languages Required :

English

Expected Duration of Assignment :

2 months

UNDP is committed to achieving workforce diversity in terms of gender, nationality and culture. Individuals from minority groups, indigenous groups and persons with disabilities are equally encouraged to apply. All applications will be treated with the strictest confidence. UNDP does not tolerate sexual exploitation and abuse, any kind of harassment, including sexual harassment, and discrimination. All selected candidates will, therefore, undergo rigorous reference and background checks.

Background

Over the past fifteen years, the Government of Tajikistan has undertaken a number of legislative and policy reforms to create the framework for an effective justice system. These legislative reforms are of relatively good quality; however, implementation of laws is of a poorer standard, and judicial and legal institutions remain constrained by the low level of resources budgeted for this sector.

In parallel with ongoing rule of law reforms of the Government of RT, the international community has worked with Tajikistan’s authorities to put in place stronger governance and regulatory frameworks. Efforts have focused on the establishment of an independent, effective and accessible judicial system and the adoption of national laws in conformity with international standards. Lawyers, judges and prosecutors have received trainings with the purpose of increasing legal knowledge and judicial competence. Legal aid providers, the so called legal aid centres (LACs), have received donor support to provide consultations and representations to the marginalized individuals, especially rural women.

UNDP Tajikistan through its Rule of Law and Access to Justice Programme has been working closely with the established working group on the development of the law on state guaranteed legal aid and envisages piloting of different models of legal aid provision. Besides the Programme is going to support to identify the real cost of legal aid provision (primary and secondary) to the vulnerable population for further discussions and inclusion of the associated costs into the state budget.

Due to lack of clear vision of the financial expenditures needed to manage the legal aid system, UNDP intends to hire a short-term international consultant to conduct analysis of the costs of the legal aid.

Duties and Responsibilities

Under the overall guidance of Assistant Resident Representative/Programme, and direct supervision of UNDP Program Analyst and Rule of Law and Access to Justice Programme Manager, the International Consultant will ensure the provision of development services and products (commensurate with the scope of the Programme) meeting the set quality and time standards.

The Consultant will be expected to conduct analysis of the costs of the legal aid and present detailed recommendations on elaboration of financial framework to the State Working Group responsible for the development of the law on state guaranteed legal aid which operates under the guidance of the Ministry of Justice. The recommendations should be clearly based on the analysis, and should provide the required evidence to guide future policies and reforms aimed at identifying cost-effective services in provision of legal aid to poor and marginalized groups.

Specific tasks:

Develop a detailed work plan and agree with UNDP the methodology for analysis on the future financial framework of the legal aid system;
Provide a desk review of existing international best practices and national policies and legislative frameworks concerning legal aid expenditures in criminal, administrative, and civil cases and provide comparative analysis;
Determine the existing sources of financing and volume of funds disbursed for provision of legal aid in legal cases that are financed from the state budget, as well as from the local self-governments on annual basis;
Develop budget projection of various legal aid financing models (legal aid financed by the state, legal aid financed from the funds of local self-governments, other financing models);
Research the possibility of co-financing of legal aid system by beneficiaries and if this option is found relevant, determine the criteria and procedures for identification of beneficiaries;
Recommend the basic criteria for the “property census” that will be used when legal aid is granted having in mind regional differences.
Recommend the level of average fees for verbal legal advice and court representation having in mind existing bar tariffs, service prices in local government legal aid units, prices of other providers;
Research which institutions and departments have relevant data on property status of beneficiaries as well as procedures they follow;
Recommend different control mechanisms of utilized funds and organs performing that type of control;
Conduct stakeholder (Government, development partners, and LACs) consultations to identify major challenges in the legal aid system;
Conduct a financial analysis of the models of legal aid that are identified in the draft Concept Note on Legal Aid;
Based on the analysis of the costs, advise on the better model and role of the responsible state institutions for launching, delivery, and development of the legal aid system;
Provide recommendations on the development of quality indicators in the provision of legal aid;
Provide necessary expert assistance as required to the state working group on legal aid;
Presentation of the costing analysis at the national and regional levels;
Provide on-demand advice to key actors in the UNDP, state working group, Ministry of Justice on key aspects of legal aid, pros and cons regarding chosen, inputs and feedback on cost benefit analysis on financial framework.

Competencies

Corporate Competencies:

Demonstrates commitment to UNDP’s mission, vision and values.
Exerts strict adherence to corporate rules, regulations and procedures. Familiarity with the internal control framework and results-based management tools is a must.
Displays cultural, gender, religion, race, nationality and age sensitivity and adaptability
Ensures that programmes and projects are consistent with UN/UNDP values
Treats peers fairly by maintaining consistent values inspiring trust and confidence through personal credibility
Accepts responsibility and accountability for the quality of the outcome of his/her decisions

Functional Competencies:

Excellent analytical and drafting skills;
Demonstrated facilitation, training and presentation skills.

Knowledge Management and Learning

Shares knowledge and experience
Focuses on tasks/activities which have a strategic impact on programme and capacity development activities;
Promotes a supportive environment to enhance partnerships, leverages resources and build support for UNDP’s strategic initiatives;
Collaborates with regional, national and local partners to create and apply knowledge and concepts that will help partners achieve UNDP’s development objectives within the country and regional context;
Actively works towards continuing personal learning, acts on learning plan and applies newly acquired skills.

Required Skills and Experience

Education:

Advanced university degree (Master’s Degree or equivalent) preferably in Public Administration, law, management or other relevant discipline.

Experience:

Extensive experience in providing consultation to countries in transition in legal aid and/or rule of law areas (at least 15 years);
Successful practical experience in writing and conducting analysis/review of policy/strategic documents on legal aid including experience in planning and conducting surveys, studies on cost benefit analysis;
Experience in post-Soviet context is required; Tajikistan specific development experience would be a strong advantage.

Languages:

Excellent knowledge of English is required;
Knowledge of Russian or Tajik would be a strong advantage.