SENIOR JUDICIAL EXPERT

In 2006 the National Assembly of Guinea Bissau approved a National Strategy for Defense and Security Sector Modernization and Reform that outlines seven strategies to reform the police and defense sector as well as the civilian management bodies responsible for implementation of the Security Sector Reform (SSR). Because of its extremely fragile political situation, the country has been placed on the Peace Building Initiative agenda and is thus the recipient of increasing levels of aid to consolidate peace and accelerate human development. In line with the Peace Building Initiative approach, and with its Poverty Reduction Strategy, the Guinea-Bissau Government identified several strategic priorities related to the Rule of Law and Security (ROLS). Under the ROLS programme, UNDP initiatives are expected to tackle problems and challenges in the following areas: Capacity development of justice institutions; Promote access to justice, specially for women; Support the modernization process of law enforcement institutions; Improve democratic governance of security institutions. The RoLS was fully revised in late 2010 with a clearer emphasis on access to justice and decentralization of justice in the regions. The new programme envisages one component fully dedicated to support the establishment of a Judicial Training Centre (school for magistrates) called CENFOJ in Guinea-Bissau and a legal aid and access to justice component, comprised of legal aid offices in several regions, mobile courts, working on mediation etc. Under the overall supervision of the UNDP Programme Specialist this consultant will provide specific services to assist the development of the two components mentioned above - support to CENFOJ and legal aid mechanism. The incumbent will be responsible for developing the necessary procedures to support preparatory regulations and mechanisms to ensure the successful launch and adequate implementation of these components and also secure national consensus and ownership of the process. He will also provide judicial training and mentoring of national partners in these two components as adequate. While doing so he will ensure high-level policy advice to the relevant counterparts and lead policy advocacy in the programme area and liaises with UN and external development concerned parties, Government officials, technical advisors and experts, multi-lateral and bi-lateral donors and civil society in the areas pertaining to the programme. The incumbent is expected to serve as a senior advisor to perform functions in line with the current Terms of Reference. More detailed or specific actions may be requested but always within the scope of the overall Terms of Reference. More detailed or specific actions may be requested but always within the scope of the overall Terms of Reference. The incumbent is expected to serve as a senior advisor to perform functions in line with the current Terms of Reference. More detailed or specific actions may be requested but always within the scope of the overall Terms of Reference.The incumbent is expected to serve as a senior advisor to perform functions in line with the current Terms of Reference. More detailed or specific actions may be requested but always within the scope of the overall Terms of Reference.

Duties and Responsibilities

Under the overall supervision of the ROLS Programme Manager , the consultant will be responsible for the following main tasks: Support to CENFOJ: Support all evaluation stages and provide scientific advisory services for the successful completion of the 1st course for magistrates in CENFOJ; Evaluate and introduce corrective measures for the courses on going at CENFOJ; Provide support and training for the mediation courses at CENFOJ; Together with the relevant national parties formulate legislation, regulations, plans and procedures for the best functioning of the Judicial Training Centre and to ensure the launch of the second magistrates course; Formulate a plan and calendar for the starting of the course including the detail required for the preparatory work for the competitive process of selection of training candidates for the 2nd course to be launched; Participate in the necessary phases of the course as requested by CENFOJ in terms of advisory, mentoring including provide training if requested; Provide advice for the organization of classes, selection processes and evaluation phases of the training; Secure endorsement from all national institutions for the successful implementation of the 2ndt course of access to the career of magistrates; Assist the CENFOJ with other training planning and advise on training strategy for all legal personnel including court clerks and private lawyers; Perform as the Scientific Coordinator of the CENFOJ working closely with the National Director of the CENFOJ in an enabling environment for strengthening his skills; Advice CENFOJ and UNDP in all aspects required for the establishment and adequate functioning of CENFOJ and the national training school for magistrates and functioning of all courses. Support Legal Aid counselling office/support mechanism under the Ministry of Justice and the Lawyers Association: Monitor, evaluate and introduce corrective measures for the adequate functioning of the access to justice centres established under the Ministry of Justice; Support drafting and approval of mediation legislation and other regulations relevant for successful alternative dispute resolution; Support launching of mobile courts projects including with the drafting of the necessary regulations and plans and securing national endorsement of the plans and projects; Support evaluation processes regarding the different actors that will collaborate under the Office for Legal Information and Counselling and Access to Justice Centres; Assist in the plans to expand the access to justice centres to other regions and locations and improve strategies for the centres liaison with the judicial and in particular the prisons and criminal system; Meet with national partners, in particular BAR Association and CSOs to ensure their adequate participation in the plans developed; Work with, advice and provide mentoring to the Coordinator of the GICJU and the Legal Aid Lawyers for the functioning of the legal aid mechanisms; Support development of the curriculum for the access to justice refresher training in collaboration with relevant partners and provide mentoring and training classes if required during the course in particular on mediation; ravel to the regions where the access to justice centres are established or to be established to ensure the adequate functioning and advice on improving the working mechanisms established for each office; Advice UNDP and MoJ on the next steps to effectively establish the legal aid offices in accordance with the law. Establishment of a national coordination mechanism for the sector and UNDP Programme In line with the RoLS Programme document and national regulations, support the functioning of the Coordination Council for the Justice Sector ensuring that this council meets at least 3 times a year to discuss common judicial development issues Advise judicial and relevant national authorities on measures that must be taken to improve judicial sector development such as judicial decentralization, placement of judges and prosecutors etc. Provide all necessary support (drafting ToRs, draft or revise existing legislation) to UNDP and the Ministry of Justice for the effective set up of this council Expected Specific Assignment Outputs: 1st course for magistrates under CENFOJ finalized with magistrates duly evaluated according to the law in March, July and December 2012 to be appointed by national authorities as judges and prosecutors 2nd course for judges and prosecutors launched by August 2012 as well as the 1st private lawyers course and the mediation and access to justice refresher courses completed Access to justice mechanism evaluated in March 2012 and July 2012 and recommendations for expansion and improvements in place and being adopted by national authorities Expansion of access to justice project developed including launching of mobile courts in target regions by December 2012 Judicial Coordination Council functioning with adequate national ownership to coordinate and install best practices for justice sector development RoLS and UNDP properly advised on the strategies for justice sector development

Competencies

Displays cultural, gender, religion, race, nationality and age sensitivity and adaptability; Has specialist knowledge in the area of Rule of Law & Security Sector and post-conflict experience; In-depth practical knowledge of judicial systems and administration of justice; Builds strong relationships with clients, focuses on impact and result for the client and responds positively to feedback; Ability to lead effectively, mentoring as well as conflict resolution skills; Proven networking, team-building, organizational and communication skills; Ability to meet deadlines and prioritize multiple tasks.

Required Skills and Experience

Advanced university degree in law preferably with specialization in judicial studies or criminal justice; A minimum of 15 years of relevant professional experience in judicial and legislative reform, preferably in developing countries; Proven experience of at least 15 years as a judge including a minimum of seven years as judicial trainer; Relevant experience with access to justice mechanisms including legal aid and prison system development; Proven experience with legislative drafting preferably in Guinea Bissau or other Pro PALOP; Relevant experience at senior-level advisory responsibilities of similar size and complexity; Previous experience with UNDP in the justice sector is highly desirable. Documents to be included when submitting the proposals: Interested individual consultants must submit the following documents/information to demonstrate their qualifications: Personal CV including past experience in similar projects and at least 3 references; Technical proposal explaining why they are the most suitable for the work and providing a brief methodology on how they will approach and conduct the work (if applicable); Financial proposal. Proposals must include all three documents. Proposals not meeting this requirement will be rejected. Only retained candidates will be contacted. Financial Proposal Lump sum contracts: The financial proposal shall specify a total lump sum amount, and payment terms around specific and measurable (qualitative and quantitative) deliverables (i.e. whether payments fall in installments or upon completion of the entire contract). Payments are based upon output, i.e. upon delivery of the services specified in the TOR. In order to assist the requesting unit in the comparison of financial proposals, the financial proposal will include a breakdown of this lump sum amount (including travel, per diems, and number of anticipated working days). All envisaged travel costs must be included in the financial proposal. This includes all travel to join duty station/repatriation travel. In general, UNDP should not accept travel costs exceeding those of an economy class ticket. Should the IC wish to travel on a higher class he/she should do so using their own resources. In the case of unforeseeable travel, payment of travel costs including tickets, lodging and terminal expenses should be agreed upon, between the respective business unit and Individual Consultant, prior to travel and will be reimbursed. Evaluation: Individual consultants will be evaluated based on the following methodology: Cumulative analysis The award of the contract will be made to the individual consultant whose offer has been evaluated and determined as: a) responsive/compliant/acceptable, and b) Having received the highest score out of a pre-determined set of weighted technical and financial criteria specific to the solicitation. c) Only candidates obtaining a minimum of 70 points in the Technical Evaluation would be considered for the Financial Evaluation. Evaluation Criteria Max. Point Technical Criteria A Advanced university degree in law preferably with specialization in judicial studies or criminal justice 20 Criteria B A minimum of 15 years of relevant professional experience in judicial and legislative reform, preferably in developing countries 30 Criteria C Proven experience of at least 15 years as a judge including a minimum of seven years as judicial trainer 20 Criteria D Relevant experience with access to justice mechanisms including legal aid and prison system development and with legislative drafting preferably in Guinea Bissau or other Pro PALOP or with UNDP 20 Criteria E Quality of methodology plan 10 TOTAL TECHNICAL MAXIMUM POINTS 100 The financial score for the financial proposal will be calculated in the following manner: Sf = 100 x Fm/F, in which Sf is the financial score, Fm is the lowest price and F the price of the proposal under consideration. (Total Financial Maximum points = 100 points) Total Score The technical score attained at by each proposal will be used in determining the Total score as follows: The weights given to the technical and financial proposals are: T= 0.7, F=0.3 The Total score will be calculated by formula: TS = St x 0.7 + Sf x 0.3 TS - is the total score of the proposal under consideration. St - is technical score of the proposal under consideration. Sf - is financial score of the proposal under consideration.

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.