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International Consultant for conducting analysis of the costs of the piloting phase of development of state run legal aid system in Tajikistan
|Location :||home-based, with 2 missions to Dushanbe, Tajikistan|
|Application Deadline :||19-Feb-18 (Midnight New York, USA)|
|Type of Contract :||Individual Contract|
|Post Level :||International Consultant|
|Languages Required :||English|
|Duration of Initial Contract :||40 days (including 15 days in country)|
|Expected Duration of Assignment :||April-September 2018|
The 2030 Agenda for Sustainable Development emphasizes the need to promote gender equality (SDG-5), to reduce inequalities (SDG-10) and to promote peaceful and inclusive societies for sustainable development, provide access to justice for all and build effective, accountable and inclusive institutions at all levels (SDG-16). The Government of Tajikistan (GoT) has adopted the National Development Strategy for the period up to 2030 and the Mid-Term Development Programme till 2020 which pave the way for country’s sustainable development agenda in the long- and mid-term development perspective. The Global and national agenda for sustainable development has been well integrated into UNDP’s Country Programme Document (2016-2020).
Over the past fifteen years, the GoT has undertaken a number of legislative and policy reforms to create the framework for an effective justice system. These legislative reforms are of relatively good quality; however, implementation of laws are generally slow, and judicial and legal institutions remain constrained by the low level of resources budgeted for this sector.
In parallel to support the ongoing legal reforms of the GoT, the international community has worked with Tajikistan’s authorities to put in place stronger governance and regulatory frameworks. Efforts have focused on the establishment of an independent, effective and accessible judicial system and the adoption of national laws in conformity with international standards. Lawyers, judges and prosecutors have received trainings with the purpose of increasing legal knowledge and judicial competence. Legal aid providers, the so called legal aid centres (LACs), have received donor support to provide consultations to the marginalized rural population, especially women.
In 2014, UNDP supported the GoT in undertaking a cost analysis for the legal aid system in Tajikistan to identify approximate expenditures for development and piloting of the state run legal aid system, including models of primary and secondary legal aid provision. UNDP’s Rule of Law and Access to Justice Programme (RoL) facilitated drafting the “Concept on Provision of Free Legal Aid” (Concept) and it’s submission to the Executive Office of the President.
The Concept was approved on 2 July 2015 by Resolution #425 of the Government of Tajikistan. The Concept identifies and divides the types of legal aid to primary – legal consultations/advice (verbal and written), and secondary – legal representation, including in courts. In order to facilitate the development of a new state run legal aid system, the State Agency Legal Aid Center (hereinafter referred as SALAC) was established on 27 November 2015 by Resolution #704 of the Government of Tajikistan. SALAC reports to the Ministry of Justice of the Republic of Tajikistan. It is the state institution responsible for testing different models of free legal aid identified in the Concept. Since its establishment SALAC has been operating 14 LACs countrywide to provide free primary legal aid and plans to expand in 2018. Moreover, Ministry of Justice through SALAC and the Union of Lawyers started piloting of free secondary legal aid on criminal cases at the end of 2017.
It is expected that piloting process will end in 2018 and there is a need to estimate, assess the financial expenditures and identify further associated realistic costs for inclusion into the state budget.
In order to get clear vision of the financial expenditures needed to manage the legal aid system during the transition period, UNDP intends to hire a short-term international consultant to conduct a cost analysis of the piloting phase of the state run legal aid system.
Duties and Responsibilities
Goals and objectives:
Under the overall guidance of Assistant Resident Representative/Programme, and direct supervision of UNDP Team Leader on Governance, Rule of Law and Human Rights and Rule of Law and Access to Justice Programme Manager, the International Consultant will ensure the provision of services and products (commensurate with the scope of the Programme) outlined in the attached ToR meeting the set quality and time standards.
The outcomes of the analysis and recommendations must be presented to the relevant state and non-state partners including the Ministry of Justice and SALAC.
Duties and responsibilities:
For detailed information, please refer to annex 1- Terms of Reference of the below link.
Required Skills and Experience
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.