Background

Since the outbreak of hostilities in December 2013 in South Sudan, parties to the conflict have committed acts of sexual violence such as rape, gang-rape and sexual slavery. These incidents occurred for example during ongoing armed conflict, during mass displacement, at checkpoints and house to house searches. On 11 October 2014, the President of the Republic of South Sudan, H.E Salva Kiir, signed a Joint Communique with the United Nations in which he committed on behalf of the Government to prevent and address conflict-related sexual violence (CRSV) crimes. The Joint Communique contains a set of practical and political commitments to prevent and end the use of rape and sexual violence in conflict which include the development of specific action plans for the Sudan People’s Liberation Army (SPLA), and the South Sudan National Police Service (SSNPS) to ensure proper investigations of sexual violence crimes, the establishment of accountability mechanisms, ensuring that perpetrators of sexual violence are excluded from amnesty provisions and that sexual violence is explicitly addressed in the peace process and, as an aspect of the Cessation of Hostilities Agreement.

The following parties to the conflict continue to be listed in the annex to annual reports  of the Secretary-General on Conflict-Related Sexual Violence for being credibly suspected of committing or being responsible for patterns of rape and other forms of sexual violence in situations of armed conflict: the Sudan People’s Liberation Army (SPLA), re-named South Sudan People Defence Forces (SSPDF), South Sudan National Police Service (SSNPS), pro-Taban Deng Sudan People’s Liberation Army in Opposition, pro-Riek Machar Sudan People’s Liberation Army in Opposition, Lord’s Resistance Army and Justice and Equality Movement.
On 14 March 2019, the SSPDF launched its Action Plan on addressing CRSV which outlines concrete and time-bound measures to prevent and respond to CRSV in South Sudan. The Action Plan is comprised of five pillars focusing on a) Prevention; b) Accountability; c) Protection of victims, witnesses and judicial actors; d) Communication; and e) Monitoring and Evaluation. Concrete and time-bound measures include nation-wide training of soldiers, enhanced coordination between military and civilian justice systems and comprehensive vetting processes meant to exclude perpetrators of sexual violence crimes from recruitment/integration into the SSPDF.

The International Consultant will be tasked with the responsibly to support South Sudan People’s Defence Forces (SSPDF) to implement Pillar 2 (Accountability) of the SSPDF Action Plan on addressing CRSV; Output 1 (Disciplinary measures to address incidents of sexual violence established); Activity 1.1 (Review guidelines and procedures to ensure all aspects and forms of sexual violence are promptly and appropriately addressed in SSPDF Rules and Regulations). Also, the work of the  International Consultant will inform the implementation of Pillar 1 (Prevention); Output 3 (Capacity of SSPDF to identify and mitigate risks of humanitarian, human rights and criminal law violations to the civilian population during  military operations by the SSPDF); Activity 3.1 (Develop and issue command orders expressly prohibiting the commission of sexual violence crimes); Activity 3.2 (Disseminate command orders as well as precise disciplinary and administrative actions to be take in case of breach of command orders prohibiting the commission of sexual violence crimes through the chain of command).

Duties and Responsibilities

Scope:

  • To strengthen the SSPDF’s accountability mechanisms for sexual violence by ensuring the effective integration of all aspects and forms of sexual violence in the SSPDF’s disciplinary measures, in line with SSPDF Action Plan on CRSV, and under the overall leadership of UNMISS Senior Women’s Protection Officer, the incumbent will;
  • Consult with key SSPDF interlocutors, including the Military Justice Directorate, as well as other relevant national and international partners working in Juba on the SSPDF’s accountability frameworks, with a particular focus on disciplinary and measures, processes, and procedures, reporting mechanisms, and complaints procedures.
  • Identify and map the SSPDF’s existing legal and policy frameworks and practices relevant to the prevention and response to sexual violence, with a focus on the accountability and transparency of the existing complaints mechanisms, existing command orders, procedures to verify information and complaints related to sexual violence, applicable disciplinary measures, existing internal oversight mechanisms, training materials, and guidelines/recruitment procedures.
  • Undertake a detailed review of all the SSPDF’s existing legal and policy frameworks and practices identified in the mapping exercise to: (i) ensure all aspects and forms of sexual violence are effectively integrated and promptly and appropriately addressed; (ii) identify gaps and challenges preventing accountability for acts of sexual violence perpetrated by SSPDF; and (iii) provide the necessary institutional guidance to SSPDF to address such gaps and challenges with practical solutions and best practices, including possible amendments to SSPDF Rules and Regulations to ensure that the disciplinary measures and procedures will effectively address incidents of sexual violence.
  • Document key findings, challenges and gaps based on policy reviews and consultations with relevant stakeholders in a final report.
  • Final report to include written recommendations to address existing gaps and challenges as well as the development of concrete solutions such as samples of harmonized and standardized complaints processes and procedures that promote accountability for sexual violence.

Deliverables:

The deliverables will include:

  • Provide the compilation of existing policies and legal frameworks of the South Sudan People’s Defence Forces relevant to the prevention and response to sexual violence (deadline: 10 days after the beginning of the consultancy);
  • Provide the first Draft of the final report and submitted for review after seeking feedback from the Military Justice Directorate and other relevant SSPDF Directorates (deadline: 25 days after the beginning of the consultancy);
  • Incorporate feedback from UNMISS Senior Women Protection Advisor, and other relevant UNMISS/UN partners in the final draft (deadline: 30 days after the beginning of the consultancy);
  • Provide Final version of the report with detailed analysis of findings, recommendations and concrete solutions such as samples of harmonized and standardized complaints processes and procedures that promote accountability for sexual violence, and submitted for approval (deadline: end of consultancy);

Methodology:
The consultancy will include the following processes:

  • Regular meetings/engagements with relevant SSPDF officials, the Military Justice Directorate, and other national/international stakeholders 
  • Regular meetings/engagements with the Office of UNMISS Senior Women’s Protection Advisor and other relevant UNMISS/UN actors
  • Independent work of review and analysis of relevant documentation
  • Reporting on findings 

Results:

  • The Consultant will contribute to achieving greater accountability for incidents of sexual violence in South Sudan, especially conflict-related sexual violence, through strengthening existing internal SSPDF legal and policy frameworks to ensure that all aspects and forms of sexual violence are effectively addressed”.

Institutional arrangements:

  • The consultant will work full time, based in UNMISS South Sudan. Office space, administrative and logistical support will be provided.  The consultant will not be availed a laptop. 
  • The consultant will report to UNMISS Senior Women’s Protection Officer or his/her designate.
     

Competencies

Professionalism:

  • Knowledge of security or defence sector reform, in particular in the area(s) of oversight and accountability of the security sector; Knowledge of international human rights and humanitarian legal frameworks, women’s rights and gender/SGBV; Knowledge of issues pertaining to conflict-related sexual violence and relevant Security Council resolutions and mandates; Good research, analytical and problem-solving skills; Ability to apply technical expertise to identify, assess and resolve a range of difficult issues/problems. Ability to conduct research and data collection using various methods, including ability to evaluate and integrate information from a variety of sources. Ability to work with a wide range of partners, preferably the military, and manage multiple tasks simultaneously in a stressful environment. Commitment to implement the goal of gender equality by ensuring the equal participation and full involvement of women and men in all areas of work. Ability to apply good judgment in the context of assignments given. Shows pride in work and in achievements; demonstrates professional competence and mastery of subject matter; is conscientious and efficient in meeting commitments, observing deadlines and achieving results; is motivated by professional rather than personal concerns; shows persistence when faced with difficult problems or challenges; remains calm in stressful situations.

Planning and Organising:

  • Develops clear goals that are consistent with agreed strategies; identifies priority activities and assignments; adjusts priorities as required; allocates appropriate amount of time and resources for completing work; foresees risks and allows for contingencies when planning; monitors and adjusts plans and actions as necessary; uses time efficiently. 

Communication:

  • Speaks and writes clearly and effectively; drafting skills (English language) particularly crucial for this position. Listens to others, correctly interprets messages from others and responds appropriately; Asks questions to clarify and exhibits interest in having two-way communication; Tailors language, tone, style and format to match audience; Demonstrates openness in sharing information and keeping people informed.

Judgment/decision making:

  • Identifies the key issues in a complex situation, and comes to the heart of the problem quickly; gathers relevant information before making a decision; considers positive and negative impacts of decisions prior to making them; takes decisions with an eye to the impact on others and on the Organization; proposes a course of action or makes a recommendation based on all available information; checks assumptions against facts; determines that the actions proposed will satisfy the expressed and underlying needs for the decision; makes tough decisions when necessary.

Required Skills and Experience

Education:   

  • Advanced university degree (Master's degree or equivalent) in law, defence-security, international relations, international development or development studies with focus on gender/women’s rights, or other social sciences fields relevant to the requirements of the TOR. Degree in law is preferable. A first-level university degree in combination with two additional years of qualifying experience may be accepted in lieu of an advanced university degree.

Experience:

  •  A minimum of seven years of progressively responsible experience in the area of law, security sector reform (SSR) or related area is required.
  • Excellent report writing skills, including ability to write high quality reports, conduct research and articulate ideas in a clear concise style;
  • Experience in the provision of operational and technical advice to security sector institutions (military, police) on security sector-wide issues, with special emphasis on accountability and transparency including on complaints mechanisms for misconducts.
  • Proven track record in analytical research with specialization in SSR and gender equality
  • Familiarity and previous working experience with international development organizations particularly on SSR/accountability reports or similar reports.
  • Previous work in South Sudan would be an advantage

Language:

  •  Strong communication skills - Excellent knowledge of written and spoken English;
  • Knowledge of Arabic would be an advantage.

Evaluation:
 Technical Evaluation Criteria  Score Weight

  • Advanced university degree (Master's degree or equivalent) in law, defence-security, international relations, international development or development studies with focus on gender/women’s rights, or other social sciences fields relevant to the requirements of the TOR. Degree in law is preferable. A first-level university degree in combination with two additional years of qualifying experience may be accepted in lieu of an advanced university degree: 30
  • Experience in the provision of operational and technical advice to security sector institutions (military, police) on security sector-wide issues, with special emphasis on accountability and transparency including on complaints mechanisms for misconducts.Proven track record in analytical research with specialization in SSR and gender equality: 30
  • Familiarity and previous working experience with international development organizations particularly on SSR/accountability reports or similar reports.Previous work in South Sudan would be an advantage: 15
  • Excellent writing skills with a strong background in report drafting; 15
  • Previous work in South Sudan would be an advantage and demonstrated ability and willingness to work with people of different cultural, ethnic and religious background, different gender, and diverse political views: 10