Background

The Constitution of the Maldives (2008) provides for a transition to democratic governance and for the separation of powers among the executive, the legislature and the judiciary. The transition has been difficult and the country faces significant challenges in consolidating initial progress. 

As part of the transition there are ongoing efforts to strengthen the justice sector – the legal framework, capacity development in the institutions, access to justice, public awareness and civil society strengthening are all being actively addressed. 

These justice sector reform efforts take place against a background of continuing uncertainty about the rights and responsibilities of the three branches of government.  Respecting the independence of the judiciary and the roles of the Majlis and the executive will be a key challenge going forward.

UNDP has been a key partner in the justice reform efforts of successive Governments. Its technical assistance to the drafting of the new Penal Code goes back 2004-06.  More broadly, it has recently supported the Attorney General in the development of a 5-Year Strategic Plan which will strengthen the Maldivian legal system (both civil and criminal),  improve the country’s compliance with human rights obligations, enhance access to justice and strengthen the capacity of the AGO and other justice sector actors.

UNDP through the Integrated Governance Programme (IGP) is currently supporting the AGO with a Senior International Advisor to develop plans for the implementation of the Strategic Plan and with a baseline study which will support future efforts to monitor the success of reform initiatives.

The AGO’s 5-Year strategic plan provides for the creation of a Legal Reform Advisory Council (LRAC).  It will be composed of task forces to develop reforms in civil law, criminal law and access to justice.  Working with the Senior International Advisor, the AG is preparing for a launch of the LRAC in the near future.  In the meantime, the Supreme Court has constituted a second body, Maldives Stakeholders Judicial Sector Law Reform Committee under the Chief Justice as Chair, to address reform issues in which it believes it should play a leading role.

In April, 2014 the People’s Majlis (Parliament) passed a new Penal Code, set to come into force in 12 months. The Penal Code rollout is perhaps the most immediate challenge to law reform at this point in time.  A successful rollout will help to build public confidence in the justice sector.  An ineffective implementation will have the opposite effect.

Continuing uncertainty about how to lead justice sector reform in the face of possibly overlapping efforts from the institutions will be a continuing challenge in the design of UNDP assistance.

Implementing a new Penal Code and pursuing an extensive law reform agenda are tasks which are as resource intensive for the legal sector in the Maldives as they would be in a larger, well-resourced legal system.  Yet in the Maldives, legal sector reform must be managed with much smaller resources in the legal sector institutions and the legal profession.

The AGO has itself has a small team of lawyers (16) and staff working provide a full range of legal services to Government.  It has a very heavy agenda of legislative drafting (it finalized 50 bills in May alone), litigation and legal advisory work.  It currently has no dedicated capacity for policy development, justice programming, public awareness programming or communications.  The same is true of the other justice sector institutions. 

Responding to the immediate priority of implementing the new Penal Code, the Attorney General envisages the creation of a shared Legal Sector Resource Centre (LSRC).  Based in the AGO, its immediate mandate will be to provide technical support services to all justice sector actors and to civil society organizations involved in the legal reform effort. It will help to get the best result for all the institutions addressing a demanding agenda with severely constrained resources.  The AG is committed to the idea that in cooperative approach there will be full respect for the independence of the judiciary.  Quite soon, The LSRT should turn to developing the broader law reform and access to justice agenda.   

The judiciary, the Attorney General, the Prosecutor General, the police and the correctional services plan to work together to assess their needs and to take steps to prepare for the coming into force of the Penal Code.  There will be requirements for training for executive and judicial actors, changes in practice and procedure and public awareness raising.  Civil society organizations have expressed an interest in taking part in this effort.

It is envisaged the Legal Sector Resource Centre would function under a senior Maldivian lawyer as team leader, with other Maldivian team members and international experts as required.  Initial resources should include expertise in criminal law, access to justice and public awareness raising.  The justice sector institutions and their international partners will be encouraged to contribute resources to the LSRT.  The critical mass of people working together without regard to institutional boundaries will help to strengthen working relations among the justice sector actors.

Against this background, the services of an international legal expert to support the development of the LSRC and to provide planning and operational advice to the justice reform initiatives in the Maldives will be required for a period of initial three months.

Duties and Responsibilities

The expert will report to the UNDP national team leader of the LSRC and will act under the guidance of the Project Coordinator of Result Area 2. Meetings with UNDP senior management will be held weekly or as required.

The international expert will support the building of the LSRC, providing technical support for the implementation of the new penal code. His/her main duties are as follows:

Support the preparation of a comprehensive penal code roll out plan covering measures to be taken by the institutions in:

• Practice and procedure;
• Training and Public awareness raising.

Provide technical inputs to the national team and review of the commentary and adjustment in line with international best practices.

Expected Outputs/Deliverables:

Inception report including a work plan for the assignment.

Technical support provided to the national team in the development of a comprehensive Penal Code implementation plan addressing measures to be taken by the national partners individually and collectively, including:

• Practice and procedure;
• Training, including a training needs assessment;
• Public awareness raising;
• Revised commentary on the Penal Code in English and necessary adjustment made.

Institutional arrangement:

The consultant will work under the guidance of UNDP, the national Team Leader and the justice sector institutions. She/he will report to the Project Coordinator of Result Area 2, IGP. Monthly briefing meetings will be held with ARR Governance. A meeting with UNDP senior management will be held weekly and as and when required. She/he will be expected to develop and maintain close relationships with the institutional focal points established to manage implementation.

Duration of the work:

The assignment will initially be for 2 months (approximately 40 working days) starting in July and subject to renewal.

Duty station:

The duty station will be in Male’, Maldives and remote home based.

Scope of the financial proposal and schedule of payment:

The consultancy fee will be in a lump sum inclusive of travel and accommodation to be paid in installments corresponding to deliverables. You are required to submit a breakdown of the fees, DSA and Air ticket.

Required documents:

The application must include a letter of interest to undertake this task, P-11, and a proposal for fees. Please combine all the documents into one and upload.

Competencies

Functional Competencies:

• Inter-personal skills;
• Exceptional analytical skills, solution oriented program design skills;
• Research and evaluation skills including ability to synthesize information;
• Excellent oral, and effective presentation and report-writing skills;
• Ability to work under with minimum supervision, while meeting deadlines;
• Demonstrated ability of timely completion of assignments;
• Excellent social and communication skills;
• Strong facilitation skills;
• Ability to work in multi-disciplinary and multi-cultural settings;
• Excellent computers skills required.

Corporate Competencies:

• Demonstrates integrity by modeling the UN’s values and ethical standards;
• Promotes the vision, mission, and strategic goals of UNDP;
• Displays cultural, gender, religion, race, nationality and age sensitivity and adaptability
• Treats all people fairly without favoritism;
• Fulfills all obligations to gender sensitivity and zero tolerance for sexual harassment.

Required Skills and Experience

Education

• A minimum of a Master’s Degree in Law or equivalent experience.

Experience

• A minimum of 7 years of professional experience in the justice sector work with significant experience in similar context of the Maldives;
• Experience in developing and conducting training and hands on experience in the roll out of penal code  required;
• Background in Islamic Law is required; experience working in Shariah based legal system is desirable.

Language Requirements

• Fluent in written and spoken English is required;
• Fluency in written and spoken Arabic is an asset.