UNDP Jobs - 13546- Consultant: International Human Rights Researcher

Consultant: International Human Rights Researcher

Location :

FREETOWN, SIERRA LEONE

Type of Contract :

Individual Contract

Starting Date :

16-Nov-2009

Application Deadline :

30-Nov-09 (Midnight New York, USA)

Post Level :

International Consultant

Duration of Initial Contract :

3 weeks

Languages Required :

Expected Duration of Assignment :

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

The outbreak of the 11 year protracted civil war in Sierra Leone was due in part to a, dysfunctional judicial system whereby most Sierra Leoneans had limited access to justice, especially the population outside of the capital. The overall weak rule of law meant poor human rights protection.

The end of the conflict saw the establishment of the Truth and Reconciliation Commission (TRC) as a major transitional justice pillar. Among other core recommendations, the TRC highlighted in its final 2004 report , the need to establish a national human rights commission for Sierra Leone.

Principal challenges in contemporary remain the need to strengthen judicial institutions of governance including courts and institutions of quasi jurisdiction such as the Ombudsman, Anti-Corruption Commission, and the National Human Rights Commission.

UNDP, between 2007 and 2008, through the UN Peace building Fund (PBF) and Target for Resource Assignment from the Core (TRAC) resources, undertook several initiatives of institutional support for the human rights and justice sector broadly. The focus was more on providing basic logistical support; ensuring that there was reasonable staff remuneration; and that at least the minimum level of personnel required to operationalize these institutions were in place. As the country moved gradually from the recovery phase to development, UNDP also responded by shifting to more substantive and technical advisory services.

However the following challenges still persist:

Inadequate application of international human rights standards in court judgments;

The inability of the National Human Rights Commission (NHRC) to exercise its quasi-judicial mandate due to, (i) the NHRC’s limited knowledge and capacity for applying international human rights jurisprudence and developing its own domestically; and (ii) insufficient expertise on human rights law amongst Sierra Leonean legal practitioners for engagement with the NHRC ; and Lack of materials on human rights in the libraries of most institutions of law.

Cognizant of these challenges, the Government of Sierra Leone developed a comprehensive Justice Sector Reform Strategy and Investment Plan (JSRSIP) and established a Justice Sector Coordination Office (JSCO). To contribute to the successful implementation of the JSRSIP, UNDP’s Improving Access to Justice (A2J) Programme has been designed with partners including the Government of Sierra Leone, the DFID-funded Justice Sector Development Plan (JSDP), civil society actors and other, to respond to some of the challenges. Thus far, the A2J Programme had undertaken activities in several areas including supporting the prevention and prosecution of sexual and gender based violence cases; strengthening national institutions of human rights to monitor domestic human rights
protection; and make recommendations for addressing human rights issues.

In order to deepen this support, UNDP intends to hire an international research consultant with a considerable experience in the field of international human rights law and practice to undertake the following activities:

Compile and provide comparative legal research on leading decisions, rulings and judgments referencing international human rights standards from Commonwealth countries in Africa, other parts of the world, international and regional bodies so as to be relied upon by the courts and the quasi-judicial institutions in Sierra Leone.;

Conduct a capacity review and assessment of ’s judicial and quasi-judicial bodies in order to identify legal gaps in terms of competencies and resources vis-à-vis human rights

Look out for jurisdiction within the Commonwealth and beyond with institutions which possess similar mandates to Sierra Leonean and whose decisions can be applied within Sierra Leonean institutions.

The purpose of these activities is to facilitate informed rulings and judgments on human rights related cases and issues in Sierra Leone from a comparative perspective. This research will be critical to the way Sierra Leone adheres to international standards of human rights.

Duties and Responsibilities

Under the overall supervision of the A2J Programme Manager and the Rule of law Officer for Human Rights, the Consultant will specifically undertake the following:

Research, compile and submit leading human rights based rulings and judgments from national human rights institutions, tribunals and courts of common law countries in Africa, other parts of the world, international and regional bodies (e.g. African Court of Human and Peoples’ Rights) (submit hard and e-copies);
Undertake comparative research on the similarities and differences between selected foreign national human rights institutions, tribunals and courts (from common law countries ) vis-à-vis the protection and promotion of human rights by comparable institutions in Sierra Leone; and
Submit a report on all research including recommendations based on the similarities and differences between foreign jurisdictions and Sierra Leone and identification of human rights principles which could be cited in light of Sierra Leone’s constitution and Human Rights Act, 2004

Competencies

The incumbent is required to possess the following qualifications and competencies:

Must be a legal practitioner of at least 10 years standing with a considerable proportion of these years devoted to the practice of human rights law, both nationally and internationally;
Demonstrate an up-to-date knowledge of the international and regional human rights standards and enforcement mechanisms; and
Demonstrate good writing and analytical skills.

Required Skills and Experience

Masters degree, its equivalent or higher in law/human rights;