Background

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:

• Develop a detailed work plan and agree with UNDP the methodology for analysis on the existing and future financial framework of the piloting phase of development of state run legal aid system;
• Conduct desk review of existing best practices and national policies and legislative frameworks concerning legal aid expenditures in development of state run legal aid system;
• In order to finalize the piloting phase, conduct cost analysis of the implementing management structure/performance and models of both primary and secondary free legal aid provision that are piloting in line with the Concept on Provision of Legal Aid in Tajikistan;
• Based on the cost analysis develop recommendations on the best (suitable for Tajikistan) management structure and piloting models of free legal aid system (both primary and secondary); 
• Determine the existing sources of financing and volume of funds disbursed for piloting of state run legal aid system that are financed from the state (in kind) and donor sides, as well as from the local self-governments on annual basis;
• Study the possibility of co-financing of legal aid by beneficiaries and provide recommendations on the different models and modes of work of such kind of legal services and possibility of their implementation in Tajikistan;
• Conduct analysis and recommend the level of average salary for provision of primary legal aid and fees for court representation (secondary legal aid) in line with existing bar tariffs, state payroll practices and civil servant remuneration systems; Identify vulnerability crtiteria for the population groups which should be potentially exempt from the fees;
• Based on the review of existing (under development) means test mechanisms in the country, propose the best practical options to assess the financial status of beneficiaries for both primary and secondary legal aid;
• Provide recommendations on the establishment of sustainable and effective oversight mechanisms of the legal aid system;
• Conduct stakeholder (Ministry of Justice, SALAC, and development partners) consultations to identify major challenges and perspectives of development of state run legal aid system;
• Based on the analysis of the costs and practices, advise on the role of the responsible state institutions to estimate, formulate and defense the budget before the state fiscal institutions for functioning of state legal aid system;
• Provide recommendations on the development of quality indicators in the provision of primary and secondary legal aid;
• Draft list of issues and next steps for the state run free legal aid system to develop legislation and gradually transform to state financing;
• Presentation of the cost analysis, practices, and recommendations to all interested stakeholders at the national level;
• Provide and submit final report to UNDP and Ministry of Justice, including challenges and perspectives of implementing piloting phase, pros and cons, input and feedback on cost analysis on financial and institutional framework. 

For detailed information, please refer to annex 1- Terms of Reference of the below link.

Competencies

Functional Competencies:

• Professionalism;
• Communication;
• Teamwork;
• Accountability.

Corporate Competencies:

• Demonstrates integrity by modelling the UN’s values and ethical standards;
• 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;
• Fulfils all obligations to gender sensitivity and zero tolerance for sexual harassment. 

Required Skills and Experience