Antecedentes

The occurrence of sexual and gender-based violence (SGBV) is widespread in South Sudan mainly as a result of violent conflict, marginalization, neglect and high levels of poverty. One in five women in South Sudan is affected by SGBV. High rates of SGBV both in conflict and peace times remain a serious health and developmental challenge. Protracted years of devastating conflict and widespread insecurity has serious implication for the delivery of quality justice to the population. 

Access to and the administration of justice particularly for the poor and survivors of SGBV continue to be a major challenge. The criminal justice system is characterized by inadequate resources and weak capacity in critical areas such as investigations and prosecution of SGBV cases. As a response, the Special Protection Unit (SPU) was established within the South Sudan National Police Services (SSNPS) with support from UNDP, UN WOMEN and UNHCR to ensure effective investigation and management of sexual and gender-based violence cases. However, the SPU is constrained with limited trained personnel to carry out effective investigation of cases and the frequent practice of rotating personnel, including of trained police officers from SPUs to other departments further weakens the effective operations of the SPU. This situation provides a rationale for the handling of cases to be strengthened. Within the Ministry of Justice, the Directorate of Public Prosecution is charged with the mandate to supervise the investigation of crimes and prosecute them in a court of law.

The Government of South Sudan has supported the enactment of a series of legislations on the protection of women and girls. Relevant sections of the Code of Criminal Procedure Act, 2008, the Child Act, 2008 and the Penal Code Act, 2008, deal with cases of SGBV. South Sudan has also acceded to the UN Convention on the Elimination of All forms of Discrimination against Women, 1979 (CEDAW). In order to support the implementation of the United Nations Security Council Resolution (UNSCR) 1325, South Sudan developed the National Action Plan 2015-2020 on UNSCR 1325, thereby demonstrating its commitment to, inter alia, protect women and girl against all forms of gender-based violence especially sexual violence.

Within this context, UNDP, through the Access to Justice and Rule of Law Project provides support to the Government of South Sudan with the aim to “to strengthen the Rule of Law in South Sudan by enforcing and maintaining law and order, providing equitable access to justice and a functioning criminal justice system, increasing security in communities, and promoting and protecting human rights for all.” The project works in collaboration with both national and international partners to support the priorities of the rule of law institutions (Judiciary, Ministry of Justice, Police and Prison) in order to increase institutional/personnel capacity to deliver on their mandates. It also supports civil society and community-based organizations to establish Justice and Confidence Centres (JCCs), expand legal aid services to communities, with particular focus on empowering vulnerable groups to demand justice and increase awareness on legal rights.

Through this consultancy, the project further aims to reinforce ongoing SGBV preventive and response mechanisms through strengthening capacity in the investigation and prosecution of cases of sexual violence.

Deberes y responsabilidades

The consultant will work in collaboration with relevant staff of UNDP and justice sector institutions in South Sudan as well as consult relevant in-country partners during the development of the manual. He/she will conduct thorough research of the existing SGBV-related legal framework in South Sudan and other resource materials relevant to the management of SGBV cases, and endeavour to effect harmony in the final product of the manual. The manual will cover the details of the various topics/chapters which include but not limited to the following.

  • An overview of the South Sudan criminal justice system and discuss its response to SGBV;
  • The role and responsibilities of prosecutors, the rights of victims and defendants;
  • Treatment or dealing with survivors including children in the judicial process;
  • Measures to ensure the protection and safety of victims/survivors and witnesses;
  • Identify laws on SGBV related offences;
  • Understanding of the elements of offences;
  • Conducting effective investigation, processes and techniques.

Bringing/presentation of cases in court. The manual should provide guidance on the processes involved from the time of reporting of an offence to the appeal stage.

Competencias

Corporate Competencies

  • Displays cultural, gender, religion, race, nationality, and age sensitivity and adaptability;
  • Demonstrates diplomacy and tact in dealing with sensitive and complex situations;
  • Strong communication, team building, interpersonal, analysis, and planning skills.

Professionalism

  • Effective communication;
  • Problem Solving skills;
  • Demonstrated ability to negotiate and apply good judgment;
  • Shows pride in work and in achievements;
  • Is conscientious and efficient in meeting commitments, observing deadlines and achieving results.

Planning & Organizing

  • Organizes and accurately completes multiple tasks by establishing priorities while taking into consideration special assignments, frequent interruptions, deadlines, available resources and multiple reporting relationships;
  • Plans, coordinates and organizes workload while remaining aware of changing priorities and competing deadlines;
  • Establishes, builds and maintains effective working relationships with staff, partners and beneficiaries to achieve the planned results.

Habilidades y experiencia requeridas

Education:

  • Master’s degree or equivalent in Law, Political Science or Development studies.

Experience:

  • Minimum ten years of relevant experience of working with rule of law institutions or criminal justice system.
  • Experience in working with specialised law enforcement units/departments on SGBV
  • Demonstrate practical experience in development of training manuals, standards and guidelines for institutional capacity building in relevant areas.
  • Experience in developing training methodologies and facilitation of large and small group
  • Demonstrated experience in working with a variety of stakeholders from all key stakeholders;
  • Basic gender understanding, skills, experience and commitment;
  • Strong writing and oral communications skills;
  • Strong analytical skills, including in the identification of key issues and how they relate;
  • Experience working in a hardship and conflict/post-conflict environment an asset.

Language:

  • Ability to communicate clearly in written and spoken English;
  • Knowledge of Arabic will be a distinct advantage.