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International Consultant to Develop Alternative Dispute Resolution (ADR) / Restorative Justice (RJ) Draft Law
|Location :||Bissau, GUINEA-BISSAU|
|Application Deadline :||24-Jan-19 (Midnight New York, USA)|
|Type of Contract :||Individual Contract|
|Post Level :||International Consultant|
|Languages Required :||Portuguese|
|Starting Date :|
(date when the selected candidate is expected to start)
|Duration of Initial Contract :||25 working days|
|Expected Duration of Assignment :||25 working days|
Guinea-Bissau has been in a vicious cycle of political instability since its independence, which primarily stems from a series of intertwined causes, including lack of access to justice and impunity. Despite the consecration of fundamental political, civil, economic and social rights by the Constitution, laws are barely implemented or enforced, resulting in limited and inequitable access to quality justice services for the population and an overall decline in confidence in the modern state system of justice institutions.
The State is unable to fulfil its mission to guarantee justice and security throughout the territory, particularly in rural areas and especially for women and children/youth. Since the independence, there has been a coexistence of both the formal justice system, based on the official law inherited from the colonizers, and forms of traditional justice system, based on customary law - which was recognized during the colonial period. The Formal Justice System is costly, slow and still widely discredited by the public, being viewed by many as manipulated and corrupt, serving only the needs and interests of the most powerful.
As a result, and for historical and cultural reasons, a large part of the population uses Alternative Dispute Resolution (ADR) mechanism. Most conflicts are settled by local institutions in charge of solving conflicts, including the family, the heads of district, the village chief and/or the tribal chiefs. Especially in rural areas, traditional systems of customary law and practices are still very much present in communities. In fact, traditional norms, rather than state law, are applied in the majority of cases and is often the only functioning justice mechanism to which people have access and rely on in many localities. For this reason, the customary systems are crucial for justice delivery in Guinea-Bissau, but they often issue decisions that are in violation of regional and international human rights norms and are discriminatory against vulnerable groups, namely women and children.
Aware of its limitations and need to preserve social peace while strengthening the rule of law, national authorities have drawn up a National Program for the Justice Reform (2015-2019), focusing on a strategy aimed at the in-depth transformation of the justice sector. Among other aspects, this program provides for the strengthening and legal recognition of ADR mechanisms to facilitate the population's access to justice. Henceforth United Nations Development Programme (UNDP), is providing support to the implementation of the Justice Reform through a PBF (United Nations Peacebuilding Fund) funded project, focusing on ADR and Restorative Justice (RJ). In this context UNDP aims to mobilize technical expertise to elaborate the ADR/RJ draft law.
Duties and Responsibilities
Objective of the assignment
The objective of this assignment is the elaboration of the ADR/RJ draft law.
Duties and Responsibilities
The international consultant, in partnership with a local expert, under the general supervision of UNDP Deputy Resident Representative and the technical supervision of the Chief Technical Adviser for Justice, is expected to perform the following activities:
The following products are expected:
Duration of the assignment
The assignment should be conducted within one month – 25 working days.
Required Skills and Experience
Guidelines for the application:
Lump sum contracts: The financial proposal shall specify a total lump sum amount, and payment terms around specific and measurable (qualitative and quantitative) deliverables (i.e. whether payments fall in installments or upon completion of the entire contract). Payments are based upon output, i.e. upon delivery of the services specified in the ToR. In order to assist the requesting unit in the comparison of financial proposals, the financial proposal will include a breakdown of this lump sum amount (including travel, per diems, and number of anticipated working days).
Travel: All envisaged travel costs must be included in the financial proposal. This includes all travel to join duty station/repatriation travel. In general, UNDP should not accept travel costs exceeding those of an economy class ticket. Should the Individual Consultant wish to travel on a higher class he/she should do so using their own resources.
In the case of unforeseeable travel, payment of travel costs including tickets, lodging and terminal expenses should be agreed upon, between the respective business unit and Individual Consultant, prior to travel and will be reimbursed.
Evaluation: Individual consultants will be evaluated based on the following methodologies:
When using this weighted scoring method, the award of the contract should be made to the individual consultant whose offer has been evaluated and determined as:
Only candidates obtaining a minimum of 70 points would be considered for the Financial Evaluation.
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.