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|Location :||Dili, Timor Leste|
|Application Deadline :||28-Apr-19 (Midnight New York, USA)|
|Additional Category :||Democratic Governance and Peacebuilding|
|Type of Contract :||Individual Contract|
|Post Level :||International Consultant|
|Languages Required :||English|
|Starting Date :|
(date when the selected candidate is expected to start)
|Duration of Initial Contract :||1 year|
|Expected Duration of Assignment :||1 year|
Background and Project Description
The Timor-Leste’s justice system is complex in character as the results of its historical circumstances. Various legal frameworks are currently applied in the justice processes which include the Indonesian’s legislation, UNTAET regulations and the Timor-Leste’s laws and regulations. The traditional justice practices are also still applied in the justice processes in particular in the rural areas.
Significant changes in the justice sector had taken place since 2002 with the adoption of the laws and regulations by the Timor-Leste’s Legislative Organs which aimed to gradually replace the Indonesian’s legislation and UNTAET’s regulations in order to put in place a harmonized legal order which reflects the socio-cultural and political situation of the country and in order to comply with the internationally recognized legal standards. Nevertheless, the Government of Timor-Leste had made a strong commitment to continue strengthening the justice sector. To achieve the goal, the Government has developed and approved the Justice Sector Strategic Plan which set out five pillars which are deemed necessary to strengthening the justice sector. The five pillars include a). Institutional development; b). legal framework reform; c). human resources development; d). Infrastructure and Information Technology; and e). Access to Justice.
Given the current state of the justice system, the Government has also considered that a justice system reform is necessary to build a momentum around the State’s overall reform process in order to achieve the alignment with the internationally recognized democratic standards. More importantly, the justice system reform is necessary to ensure equal access to an efficient, transparent and reliable justice system by all citizens of Timor-Leste in particular the vulnerable groups.
An initial work on justice system reform had been undertaken previously by the Government. A Legislation Reform Commission was created to implement the reform initiative which later produced a proposal for the Government to develop and implement a legislative package for the reform of the justice sector.
Within this context and after a thorough consultation of the Government and all national Judicial bodies, the National Parliament of Timor-Leste took the initiative to advance the implementation of the targeted interventions set out in the reform documents which are to design, develop and implement the justice sector reform framework to ensure achievement of an independent, efficient, impartial and a transparent justice system.
As the long term development partner of the National Parliament, UNDP Timor-Leste was then requested to support the implementation of National Parliament’s initiative by sourcing and providing technical expertise in the areas of Rule of Law, Access to Justice and strengthening Justice Institutions. The technical expertise is expected to identify gaps and legal constraints in the sector in order to facilitate the amendment of structural bills and drafting new legislation in the criminal sector.
Accordingly, a Project Initiation Plan (PIP) on the Support to the Justice System Reform was developed by UNDP to response to the request of the National Parliament. The overall objective of the PIP- Support to the Justice System Reform is to assist the National Parliament in reviewing and formulation of the following:
For the purpose, UNDP is seeking to engage a Legal Consultant to provide services to conduct the necessary review of the above mentioned legal documents based on the legal criteria, previous related reports and studies on justice sector reform, research papers and consultations.
Duties and Responsibilities
Scope of Work
Under the direct supervision of the Chief Technical Adviser (CTA), the following key tasks will be performed by the Legal Consultant:
3. Approach and Methodology
In order to achieve the targeted outputs, the Consultant is expected to carry out the following approaches (but not limited to):
4. Expected outputs/deliverables
The Legal Consultant will report directly to the CTA and will work closely with the legal specialists/experts.
Monthly progress report will be submitted to ensure a better monitoring, coordination and evaluation of the work.
Required Skills and Experience
Qualifications and experience:
The Legal Consultant should have the following qualifications:
6. Scope of Financial Proposal and Schedules of Payment
Financial proposal must be expressed in the form of an “all-inclusive” lumpsum, supported by a detailed breakdown of costs including professional fee. Under the lumpsum approach, the contract price is fixed regardless of changes in the cost components or schedule of delivery.
Schedule of payment
Given the nature of the assignment, payment will be done on monthly basis. The amount of monthly payment will be calculated based the total financial proposal (all-inclusive lumpsum fee) divided by 12 months.
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.