UNDP Jobs - 48811- Consultant- Review of Legal Framework for Drugs an

Consultant- Review of Legal Framework for Drugs and Related Organised Crime in Nigeria

Location :

Lagos, NIGERIA

Type of Contract :

Individual Contract

Starting Date :

25-Aug-2014

Application Deadline :

16-Aug-14 (Midnight New York, USA)

Post Level :

National Consultant

Duration of Initial Contract :

45 working days between August and November

Languages Required :

English

Expected Duration of Assignment :

45 working days

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

Of the numerous challenges emerging economies such as Nigeria face, drug production, trafficking and use, and related organized crime are among the most threatening. This is particularly true in an environment with a rapidly growing young population, paired with a complex law enforcement setting. The potential impact of drugs and related organized crime on Nigeria’s society and economy could be devastating, as it affects the Government’s ability to provide public security, rule of law and the provision of basic services, and also directly affects the well-being of the population and its ability to rise out of poverty.

The United Nations Office on Drugs and Crime (UNODC) is mandated to assist Member States in their efforts against illicit drugs, crime and terrorism. In order to facilitate the national response to drugs and related organized crime in Nigeria, UNODC has secured funding from the European Union under the 10th European Development Fund to implement the project “ Response to Drugs and Related Organized Crime in Nigeria”, which aims at supporting Nigeria’s efforts in fighting illicit drug production, trafficking and use, and in curbing related organized crime, including reviewing and improving current Nigerian legal framework to ensure it is adequate and efficacious in fighting against drug-related crime.

Against this background, the project is required to review and provide advice on:

Aligning legislation in Nigeria relevant to drugs and related organised crime with treaty requirements, human rights and international best practice, removing contradictions in existing legislation and reviewing the proportionality of penalties for drug matters;
The draft law of witness protection in Nigeria; and
The efficacy of the current law and practices regarding legal aid provisions and due process pertaining to drug arrestees.

Duties and Responsibilities

Under the supervision of the Project Coordinator of the project (Response to Drugs and Related Organized Crime in Nigeria) and in direct collaboration with the Project Officer and the local project counterparts, the consultant will perform the following duties:

Prepare an action plan for the legal and practice review process.

Undertake a review of the adequacy and efficacy of the legal framework for drugs and related organized crime in Nigeria. This review should include all laws relating to drug control and supply, money laundering and asset confiscation. The review should ensure this legislation is aligned with the relevant international conventions to which Nigeria is a Party, and international best practice, including:

1961 Single Convention on Narcotic Drugs (as amended by 1972 protocol), ratified in 1972;
1971 Convention on Psychotropic Substances, acceded to in 1981 ;
1988 United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, ratified in 1989;
2000 United Nations Convention against Transnational Organized Crime, ratified in 2001;
The International Covenant on Civil and Political Rights, ratified by Nigeria in 1993;
Financial Action Task Force on Money Laundering (FATF) 2012 Recommendations

Review the draft Nigerian witness protection legislation and consult on international best practice. Provide a separate report which includes recommended amendments to the draft legislation to ensure it is in line with international best practice and provide recommendations on the strategy to assist its enactment by the National Assembly, including an action plan;

Review the efficacy of the current law and practices regarding legal aid provisions and due process for drug arrestees. Provide a separate report which includes recommendations for legislative amendments or changes to current policy and practices.

To effect the above tasks, hold meetings with designated officials of identified national partners, including, but not limited to, National Drug Law Enforcement Agency (NDLEA), Ministry of Justice; Federal High Court, National Judicial Council, National Bar Association and Legal Aid Council to carry out the above assessments (15 days);

Field Work to undertake the research and assessment (26 days);
Submit a comprehensive report on each of the 3 areas of review including details of the assessment and recommendations.
Facilitate a two-day workshop presenting reviews and recommendations (4 days, including 2 days preparation and 2 days facilitation).

Deliverables:

A detailed action plan for Review of Legal Framework for Drugs and Related Organized Crime in Nigeria;
Three comprehensive reports encompassing findings of the review, including recommendations to remedy deficiencies and efficacy of the current law and related practice in relation to:Aligning legislation in Nigeria relevant to drugs and related organised crime with treaty requirements, human rights and international best practice, removing contradictions in existing legislation and reviewing the proportionality of penalties;
The draft law of witness protection in Nigeria and the efficacy of the current law and practices regarding legal aid provisions and due process for drug arrestees;
Submission of meeting report from two-day workshop highlighting the issues discussed, resolutions made.

Competencies

Strong knowledge and understanding of relevant narcotics control laws and regulations, as well as the judicial system structure and operation in Nigeria;
Strong knowledge of international treaties and best practices relating to drugs, organised crime, human rights and money laundering;
Ability to establish and maintain effective working relations as a team member, in a multi-cultural, multi-ethnic environment with sensitivity and respect; able to work with minimum supervision, with sound judgment;
Good communication and interpersonal skills;
Excellent computer skills;
Displays cultural, gender, religion, race, nationality and age sensitivity and adaptability;
Highest standards of integrity, discretion and loyalty..

Required Skills and Experience

Education:

Bachelor of Laws as a minimum. A Master of Laws degree is desirable;

Experience:

At least 8 years’ experience in the Nigerian legal system; with experience in the prosecution of drug offenders or the judiciary highly desirable;
Previous experience reviewing laws, preferably in the context of Nigeria or Africa, is highly desirable;
Experience of drafting of laws/rules and procedures is highly desirable;
Experience of facilitating stakeholder consultation and meetings;
Coordination experiences with government counterparts, would be an added advantage;
Working experience with UN/UNODC or other development partners is preferable;

Language:

Fluency in English.