Background

The 2018 Presidential Elections saw the election of a new government. The new coalition government envision a peaceful Maldives where families and friends can live freely and enjoy their rights, privileges and safety.  The vision according to the coalition manifesto can be achieved by guaranteeing fair and equal rights and justice for all, irrespective of their gender, age, social stature and political views. Injustices need to be identified and actions need to be taken to resolve these injustices, be it laws that discriminate against certain groups of the community or processes that delay access to justice. And to ensure this vision comes true, they have pledged to review the legislative framework and initiate justice sector reform in the Maldives. These pledges have paved way to initiate constructive long-term efforts to strengthen the legislative framework in the Maldives contributing to democratic governance in the Maldives.

UNDP has been a key partner in the justice sector reform efforts of successive Governments over the years. Its technical assistance goes back as far as 2004, when UNDP assisted with the drafting of the new Penal Code. In the last five years to ensure sustainable reforms to the justice system, UNDP supported the rollout of the new Penal Code and the Criminal Procedure Code (CRPC) upon ratification through the Legal Sector Resource Centre (LSRC) based at the Attorney General’s Office (AGO). The LSRC, through technical expertise of International Consultants, conducted training for the key justice sector personnel and created awareness in the community to ensure smooth implementation of these key pieces of legislations.

While key milestones have been achieved, however, important challenges remain in strengthening the legislative framework. A civil procedure code is key as it sets out and harmonizes the rules and standards that courts follow when adjudicating civil law suits guaranteeing fair and equal justice for all. There are regulations followed within the courts on civil law cases, yet there is no consolidated civil procedure code in the Maldives. Therefore, leading to inconsistency in the application of procedural rules. It is envisioned, that through the formulation and enactment of this legislation citizens will be guaranteed their right to a fair and equal trial.

In view of the existing challenges and needs, UNDP under its Integrated Governance Programme (IGP) in partnership with the AGO is seeking the support of an international consultant to develop a comprehensive civil procedure code.

Duties and Responsibilities

Under the guidance of the AGO and UNDP, the consultant will lead the process of drafting a comprehensive civil procedure code. The tasks to be undertaken by the consultant under the Terms of Reference include, but are not necessarily limited to, the following;

Home Based (10 days):

1. Conduct a desk review of existing legal framework and relevant legislations /regulations related to civil procedure cases in the country and submit an inception report outlining recommendations in line with international norms, standards and best practices;
2. Review existing policy papers, consultation reports, and follow up on their recommendations;

In Country (47 days):

1. Organize and conduct consultation meetings with relevant stakeholders including but not limited to relevant government institutions,  judiciary, lawyers, academics and civil society organizations;
2. Conduct Focus Group Discussions in three geographical locations to ensure CPC encompasses the needs of community members. 
3. Based on the review of suggested policy recommendations, policy papers, policy directives from the AGO and based on the inception report, draft a comprehensive civil procedure code
4. Conduct a validation workshop for the draft bill with relevant stakeholders;
5. Conduct advocacy/lobbying meetings with relevant stakeholders following the final validation of the bill;
6. In collaboration with AGO, identify implication of the legislation on key institutions, sectors and community stakeholders once enacted and recommend ways forward by proposing a roadmap for implementing the civil procedure code.

Home Based (7 days):

1. Develop messages for a public awareness campaign to be utilized during the rollout of the CPC.

Expected Outputs and Deliverables

All reports shall be submitted as stipulated below and all reports will be submitted as drafts and upon review by the UNDP and the AGO, the consultant shall revise the draft report. Once, the revised reports are accepted by the AGO and the UNDP, they will be termed as final reports by the consultancy.

The consultant will be responsible for the following deliverables;

1. Inception Report: The inception report shall include a summary of regulations and reviews undertaken, proposed policy options for civil procedure code, constraints with regard to delivery of services and proposed actions to overcome the constraints identified, and clear timeline for activities undertaken by this consultancy.
2. Draft Civil Procedure Code: The drafts of the civil procedure code should be completed as per the timeline identified in the inception report. The consultant should conduct relevant consultations during the drafting stage with stakeholders identified in the inception report and with others if required. The drafts will be written in a format and style determined by the Attorney General’s Office. Final draft should be thoroughly vetted by obtaining feedback from stakeholders, including public opinion.
3. Validation Workshop and the final draft of the bill: The consultant shall facilitate a validation workshop for relevant stakeholders on the draft legislation, incorporate any necessary changes and reviews identified in the validation workshop. The final draft of the bill should be submitted to AGO and UNDP once it is approved by all relevant stakeholders following validation.
4. Rollout Plan: A report recommending the rollout of the civil procedure code should be submitted to AGO and UNDP, the rollout plan should outline preparatory activities necessary for government and state agencies for implementation, relevant trainings to familiarize and enhance government and state agencies, and general awareness raising activities for the public. Relevant impact on stakeholders and recommendations to manage these impacts should also be included in the plan.

The following table shows an indication of the duration for the deliverables;

The consultancy is expected to start in last-week of May 2019.

Institutional Arrangement

The consultant is expected to work with the AGO. The consultant will be accountable to the Project Coordinator of Result Area 2, IGP, for each deliverable as stipulated in the proposal. Fortnightly meetings will be held with ARR and Programme Analyst of IGP and AGO focal point. A briefing and debriefing meeting will be organized with UNDP senior management at the beginning and end of assignment.

Duty Station: Home-based, Maldives

Competencies

Corporate Competencies

• Demonstrates integrity by modelling the UN’s values and ethical standards and acts in accordance with the Standards of Conduct for international civil servants;
• Advocates and promotes the vision, mission, and strategic goals of UNDP;
• Displays cultural, gender, religion, race, nationality and age sensitivity and adaptability;

• Treats all people fairly without favouritism.

Functional Competencies

• Knowledge about the UNDP programmes would be an advantage;

• Proven strong analytical abilities;
• Ability to work under pressure with several tasks and various deadlines;
• Ability to actively generate creative, practical approaches and solutions to overcome challenging situations;
• Excellent writing, presentation/public speaking skills;
• A pro-active approach to problem-solving;
• General IT Literacy

Required Skills and Experience

Education

• A minimum of a master’s degree in Law

Experience

• A minimum of 15 years of professional experience in the justice sector or as a litigator. Experience working as a judge is desirable
• A minimum of 8 years’ experience in drafting laws and regulations
• Experience in the region or similar context is an added asset.

Language requirement

• Fluency in written and spoken English is required.

Application process

Interested individuals must submit the following as proposals in order to demonstrate their qualifications. 

• A letter indicating why the candidate considers himself/herself suitable for the required consultancy;
• Submission of an updated detailed Personal CV or P11 form which can be downloaded from http://sas.undp.org/documents/p11_personal_history_form.doc
• Lump sum financial quotation, with a breakdown of daily consultancy fee, daily subsistence allowance and ticket fees as applicable – clearly indicate the breakdown of daily fee and number of days of work; 
• At least two references from recent previous jobs or three references contact details

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