Empleos en el PNUD - 55520- Samoa Parliamentary Legal Counsel

Samoa Parliamentary Legal Counsel - (Open to Samoan Nationals Only)

Localidad :

Apia, Samoa

Tipo de contrato :

Service Contract

Fecha de comienzo del contrato :

11-May-2015

Fecha límite de postulación :

26-Apr-15 (Medianoche Nueva York, Estados Unidos)

Nivel de puesto :

SB-5

Duración del contrato inicial :

Idiomas requeridos :

Inglés

Duración esperada del puesto :

El PNUD está comprometido con lograr la diversidad de su personal en términos de género, nacionalidad y cultura. Se alienta por igual a las personas que pertenecen a grupos minoritarios, a pueblos indígenas o que tienen alguna discapacidad a presentar su candidatura. Todas las solicitudes se tratarán con la mayor confidencialidad. UNDP no tolera la explotación y el abuso sexual, ningún tipo de acoso, incluido el acoso sexual, ni la discriminación. Por lo tanto, todos los candidatos seleccionados serán sometidos a una rigurosa verificación de referencias y antecedentes.

Antecedentes

Launched in May 2012, the Samoa Parliamentary Support Project aims to work with (i) MPs directly to strengthen their national leadership and accountability roles, and strengthen law-making and committee oversight functions; as well as (ii) the Parliamentary Secretariat to strengthen the capacity of Samoa’s MPs to more effectively and accountably promote and progress Samoa’s national development priorities and the achievement of the MDGs. The SPSP is a project supported by funding from the Australian Government and executed by the UNDP Multi-Country Office in Samoa, and delivers a holistic and broad range of capacity development events and activities for MPs and staff of the Office of the Clerk of the Legislative Assembly of Samoa to 2015.

Law-making is one of the most important functions of the Parliament. However, at present there is no Annual Legislative Calendar to guide parliament on its anticipated priorities, nor to assist the Secretariat to plan its work programme. The 2011 Samoa Legislative Needs Assessment (LNA) also found that the capacity of the Secretariat to provide legal advisory services to the Speaker and to non-Executive Members of Parliament is extremely limited. The Attorney General’s office is responsible for drafting Government bills, but no such legal expertise is available to non-Executive Members. (A Parliamentary Counsel currently sits in the Attorney General’s office but this position does not provide services to non-Executive MPs.) The LNA advised that some stakeholders consulted during the LNA process (in 2011) asserted that the lack of Private Members’ Bills was related to the Government’s control of drafting resources. Without access to legal services, it can also be difficult for Members to effectively engage in the process of reviewing Bills tabled in the House and/or proposing amendments. Select Committees also often need to call on drafting advice when reviewing bills and regulations, and may need independent legal advice in the course of their inquiries. Moreover, in disputes where the views of the Parliament clash with those of the Government, it is inappropriate for the Speaker to have to rely on the legal advice of a law officer who has the Government as his principal client.

In response, the Project will immediately recruit a local Parliamentary Counsel, who would be available to both the Speaker and to non-Executive members, as well as to support committees.

During consultations, the Attorney General supported the establishment of a separate legal capacity within Parliament. Efforts will be made to move this position onto the Parliament’s budget by April 2015 (after the SPSP ends in March 2015).

More broadly, training will also be provided to MPs on Bills analysis, including training on gender sensitive budgeting/law-making, in collaboration with relevant UN Agencies e.g. UN Women and relevant Government departments. The Project will also explore the feasibility of developing Regulatory Impact Assessments and/or Bills Summaries for all Bills tabled in the House, to provide independent advice to Members that will assist them to quickly assess the content and impact of the Bill, in particular in relation to issues such as gender impact, compliance with the constitutional Bill of Rights/international human rights instruments, environmental impact and financial implications.

Deberes y responsabilidades

The Parliamentary Legal Counsel is responsible to the Clerk of the Legislative Assembly in fulfilling the obligations of the Office of the Clerk as the Legislatures Secretariat to:

Provide specialist advice on parliamentary procedure and parliamentary law, and administrative services to the Speaker and Members of the Legislative Assembly.

The outcome of the Office of the Clerk is a functioning legislature in which Members of Parliament are able to discharge their constitutional duties in respect of the consideration of legislation and other parliamentary business. The Office of the Clerk achieves this outcome by:
Delivering services in two output classes:

Secretariat services to the Assembly; and
Secretariat services to promote inter–parliamentary relations.

The Office of the Clerk provides the following secretariat services to the Legislative Assembly:

Services to the Assembly;
Services to Select Committees;
Reporting services;
Specialist procedural and legal services.

The Parliamentary Legal Counsel will lead and be responsible for the Legal and Research Services Division of the OCLA and specialist procedural and legal services, particularly to:

Provide legislative drafting services and be able to provide advice to the Chairs of Parliamentary Committees on legislative options for legislation to achieve the intended aims; advise Parliamentary Committees on the effects and practical implications of any new legislation and proposed amendments to existing legislation;
Provide technical advisory services to Parliamentary Committees in conducting oversight of Government Ministries and Corporations and their programmes within their jurisdictional areas;
Provide assistance and guidance in the development of standards and mechanisms to enable the Parliament and Committees to measure policy performance against national goals (e.g. SDS, MDGs and its successor, SDGs);
Provide support for the development of mechanisms and processes to hold public hearings and secure public input; prepare researched briefs for Parliamentary Committees on bills and parliamentary papers referred by the Assembly for review and consideration;
Prepare researched briefs for Parliamentary Committees regarding legislative administration by the responsible Ministry or Corporation with reference to their annual Reports referred by the Assembly for review and consideration;
Provide legal advice and consultation in parliamentary law, practice and procedure to the Secretariat staff as requested and approved by the Clerk;
Coordinate skills development training for the Legal and Research staff, identify and transmit parliamentary best practices adaptable to the Parliament of Samoa context, and;
Manage the Legal and Research Services Division and advise the Clerk and Management Team on required interventions for improved Office efficiency, effectiveness and customer service.

Specific Duties:

Legislative drafting and advice:

Provide bill drafting/amendment and legal analytical and research expertise to the Parliament;
Provide legal advice and assistance to the Speaker and Clerk of the Legislative Assembly, and Select Committees;
Conduct legislative research for the Speaker and Clerk of the Legislative Assembly, and Committees;
Provide legal advice and consultation to Secretariat staff as requested and approved by the Clerk;
Coordinate skills development training for the Secretariat staff especially Committee staff in – bill drafting/amendment, legal analysis and committee record–keeping, filing and archiving;
Prepare legal drafting and procedures manuals.

Parliamentary Oversight Responsibilities:

Advise Committee Chairpersons on the management of Committee workloads and revise Committee systems and procedures as required;
Assist Committee with the preparation and implementation of Committee annual work plans;
Provide technical advisory services to parliamentary committees in conducting oversight of government ministries and corporations and their programs within their jurisdictional areas;
Provide assistance and guidance in the development of standards and mechanisms to enable the Parliament and Committees to measure policy performance against national goals (Samoa Development Strategy, Millennium Development Goals etc.);
Provide support for the development of mechanisms and processes to hold public hearings and secure public input from the Samoan people in the work of committees;
Assist Committees and Secretariat staff in the understanding and effective utilization of the various oversight tools and mechanisms available to the Parliament.

Capacity development support to colleagues:

Assist and advise the Clerk in the design and development of a comprehensive parliamentary post–election orientation program;
Continually work to strengthen the institutional capacity of the Parliament by focusing on fostering a culture of transparency and on the transfer of technical knowledge and skills to the Secretariat staff through mentoring ad coaching;
Observe and transmit parliamentary best practices adaptable to the Samoan context.

Competencias

Demonstrated exposure to legislation or policies in any of these areas is an advantage – education, health, environment, social development, transparency/integrity, poverty reduction, anti–corruption;
Demonstrated knowledge of constitutional and/or public law is an asset;
Proficiency in writing clear and easy–to–understand rigorous legal documents;
Must be fluent in written and spoken Samoan languages;
Exceptional interpersonal and communication skills and ability to motivate people;
Successful experience in staff development preferably in a developing country environment;
Ability to work effectively under pressure and in a highly political environment;
Results–oriented and team player;
Good organizational skills.

Habilidades y experiencia requeridas

Education:

Masters degree in law (civil law system), related field or equivalent

Experience:

Minimum 8 years of relevant experience – either parliamentary experience in committee technical support, or other clearly relevant activities which demonstrates a deep understanding of the nature of legal drafting and support to parliamentary legislative and oversight responsibilities and committee systems and procedures;
Experience working in developing country environment highly desirable.

Language:

Fluent in Samoan and English both written and verbal.

Note:

Women candidates are encouraged to apply.