Background

The process of political stabilization in the DRC begun in 2001 with the Lusaka agreement, which theoretically put an end to any foreign military intervention in the DRC, was solidified in 2005 and 2006 with elections held that allowed for the implementation of real democratic institutions. These elections enabled the DRC to come out of the transition period, a post-conflict political phase characterized by a system of shared power.

Following the implementation of elected institutions, the UNDP established a new step of electoral assistance through the PACE project, whose initial mission was to support the 2007-2011 electoral cycle in organizing local, presidential and legislative elections.

During this period, the project was therefore the main tool for international electoral assistance. Its goal was to establish a credible and lasting electoral system and to support the holding of the November 28, 2011 legislative and presidential elections, which was the tangible achievement Project PACE2.

Following these elections, however, some political parties and political actors and Civil Society organizations had to object to the organization and election results, thus creating certain controversy, which was reinforced by the reports of national and international observation missions and the ensuing recommendations.

Examination CENI’s annual report during plenary session in July 2012 at the National Assembly also led to recommendations. These included suspension of the timeline that resulted in a review of the law on organization and functioning of the CENI and the restructuring of its office on June 27, 2013. The recommendations made the terms of supporting Project PACE2 while formally maintaining suspension of support for CENI difficult. Noting the length of the organic law’s review process, the technical and financial partners decided to end the project early on March 31, 2013.

Following the request by the Congolese government addressed to the Secretary General of the United Nations for support in organizing local, provincial and general elections, a Needs Assessment Mission (NAM) of the UNDPand UN Secretary General’s Department of Political Affairs’ Electoral Assistance Division was held from September 24 to October 04, 2013. Recommendations were issued regarding the UNDP’s and MONUSCO’s future role in supporting the DRC’s electoral process. In particular, the NAM recommended that the UNDP implement a new project in support of the electoral process in the Congo (PACEC).

In accordance with Security Council Resolution 2098 of March 28, 2013, article 18 specifies that MONUSCO, in coordination with the United Nations Country Team shall transfer as soon as possible the technical support for elections to the United Nations System agencies. The UNDP Country Office has defined a new vision of electoral assistance to be provided to CENI in partnership with the different funders. This vision falls within the new UNDP 2013-2017 programme based particularly on the technical issues, substituting the assistance initially provided in order to compensate for the prior lack of electoral expertise of the national component. Great emphasis will have to be placed on the quality and relevance of the expertise to be made available and much less on its quantity, especially at the central level, where national expertise is currently available through the various capacity building actions conducted by the UNDP and its partners.

Therefore, in regard to the issues in future elections, the UNDP in the DRC, in collaboration with CENI and with financial support from the European Union, is hiring a Technical Specialist ( jurist) to support the Independent National Electoral Commission during implementation of the new project in support for the electoral cycle in the Congo (PACEC). The goal is to contribute to strengthening democracy in the DRC by holding transparent, free and sustainable future electoral terms, and specifically to build CENI’s legal capacity to conduct transparent, free and democratic elections.

Duties and Responsibilities

Under the overall guidance of the Deputy Country Director/Programme and direct supervision of the Governance Unit Team Leader, the Technical Specialist (Jurist) will be responsible for contributing to devising legislative acts in relation to the electoral process, as follows:

  • Analyse the electoral legal framework and, if applicable, propose changes so that it is compliant with the international requirements and conducive to for free, democratic, credible and transparent elections;
  • Conduct a comparative analysis of electoral law(s) and political parties legal framework of neighboring countries; and identify principles and norms that can be customized to DRC;
  • Design and develop proposals for a regulatory, administrative and judicial acts focusing on the electoral process;
  • Advise the CENI in its relationship with the jurisdictional organizations responsible for managing electoral disputes;
  • Advise and support CENI in establishing a mechanism to mitigate pre-jurisdictional electoral conflicts;
  • Provide a legal study of electoral cases and others;
  • Act as a legal advisor to the CENI, namely by supporting the Implementation of the chain of legal procedural issues;
  • Build the technical capacities of CENI staff, including by developing and implementing a training plan for legal experts namely on electoral legal framework and dispute resolutions;
  • Support and advise on the operationalization of the of electoral justice’s coordination and consultation mechanism;
  • Ensure that the Gender component is taken into consideration in all activities;
  • Advise and Support the CENI in fulfilling its responsibility on administrative electoral dispute resolutions (in the event that CENI is attributed this competence).

Competencies

Corporate Competencies:

  • Demonstrates integrity by modeling the UN’s values and ethical standards;
  • Advocates and promotes the vision, mission, and strategic goals of UN;
  • Displays cultural, gender, religion, race, nationality and age sensitivity and adaptability;
  • Treats all people fairly without favoritism.

Functional Competencies:

  • Ability to work with high-level multidisciplinary teams and coordinate work team activities;
  • Ability to interact and establish and maintain good working relationships with coworkers, supervisors and persons from various cultural backgrounds, with a respect for diversity;
  • Good communication and writing skills to prepare quality reports, formulate positions, make sensible and difficult choices, and support them;
  • Demonstrate the ability to plan and organize your work;
  • Ability to adapt to the host country’s specific realities;
  • Capacity to work under pressure in a difficult political and psychological environment;
  • Demonstrate openness and the ability to manage complex situations.

Required Skills and Experience

Education:

  • Master’s degree in law.

Experience:

  • Minimum 7 years’ relevant experience in the field of justice and rule of law; formulation of technical advice for stakeholders in legal frameworks and management of legal services.
  • Minimum three years’ professional experience specifically in the following fields: managing electoral disputes, advising on electoral legal framework preferably in Africa;
  • Experience in the African context, particularly in the Democratic Republic of the Congo is considered an asset;
  • Knowledge of the United Nations System and UNDP procedures is considered an asset;
  • Practical experience in project management;
  • Knowledge of Microsoft Word, Excel and PowerPoint software.

Languages:

  • Excellent proficiency in French is required;
  • Good knowledge of written and spoken English is considered an asset.