Consultant: Traditional Dispute Resolution Consultant
Application Deadline:
23 Sep 2008
UNIFEM invites applicants for the position of Consultant: Traditional Dispute Resolution Consultant to be based at Kabul, Afghanistan.
Job Description:
The Government of Afghanistan, in consultation with all its stakeholders, has developed the Afghanistan National Development Strategy (ANDS) as its blueprint for the development of the country in line with the Poverty Reduction Strategy and the Millennium Development Goals. In line with the ANDS, the formal justice institutions have developed the National Justice Sectoral Strategy (NJSS) followed by the National Justice Plan (NJP). Both the strategy and plan have prioritised the development of a national policy on state relations with traditional dispute resolution (TDR) mechanisms in Afghanistan.
In many countries characterised by a legal pluralism, the informal justice agencies are often the point of entry to seek justice and redress. However, these informal institutions are known to often act outside of the law, shari'a and the international human rights conventions to which the relevant governments are signatory. This reality is an impediment that needs to be addressed in order to secure rule of law; it is also needs to be addressed to ensure that human rights and women rights are respected. The government of Afghanistan has recognised this dilemma by committing itself to address this issue in an approach characterized by an extensive consultation process that will also see the inputs of women in the communities and women in decision making positions.
Lack of access to justice is a defining characteristic of poverty and a hindrance to poverty reduction and gender equality. Implicit in the concept of the rule of law, is the principle of equal access to justice and these concepts and principles are vital parts of the UN mandate to reduce poverty and fulfil human rights. It includes both strengthening national and international justice systems (formal and informal) and developing people's capacity to make claims and demand accountability. Proper access to justice requires accountable, accessible and effective judicial and legal systems as well as legal empowerment of all people, including women and children: all should be enabled to claim their rights, through justice systems and other services.
In all regions of the world, UN agencies support governments and civil society in building justice systems based on human rights and in ensuring access for all to these systems. The UN Secretary General's Guidance Note on the UN Approach to Rule of Law Assistance, issued in April 2008, provides the principles and framework to be applied in the provision of this support, including in relation to informal, customary and traditional justice mechanisms.
In recognition of the importance of informal justice systems for poor and disadvantaged people and the legal pluralism they represent, UNIFEM, in consultation with UNAMA and UNDP, has taken the initiative to provide technical support to the Ministry of Justice towards the development of a policy document that will guide the transformation needed to ensure that TDR mechanisms are carried out in line with the Constitution, laws of Afghanistan and the international human rights frameworks. UNIFEM will work closely with other UN agencies and relevant stakeholders to ensure an inclusive process. UNIFEM will also work closely with agencies such as the United States Institute for Peace (USIP), the Afghanistan Rule of Law Project (AROLP), and legal aid organisations who have already carried out research and program work in this specific area.
Duties and Responsibilities
The main tasks of the assignment, to be carried in cooperation with a national counter partner, will be as follows:
Desk Review
* Develop a conceptual framework and outline for the review of existing policies on TDR, to be coordinated with other ongoing UNIFEM/UNDP/UNICEF desk review.
* Identify relevant literature and programme documentation (academia, UN, NGOs, governments).
* Provide a gendered analysis of different models to be part of a succinct inception report
* Develop a clear and concise presentation based on the analysis to be used as an information tool for stakeholders.
Consultation and evaluation process
* Participate in the existing taskforce and develop consensus on a broad consultation process focusing on the involvement of key stakeholders, especially women decision makers.
* Conduct and document an evaluation of the USIP pilot project.
* Based on the inception report, the information gathered from the consultation process and the evaluation of the USIP pilot project, develop a draft policy document.
* Conduct a workshop to ensure further ownership by different key stakeholders of the draft policy.
Conference
* With the cooperation of the taskforce, coordinate a national conference for the launch of the policy and to discuss its implementation.
* Ensure full ownership of the conference and the final policy by the relevant justice actors.
* Compile the proceedings of the conference and prepare for publication.
* Submit directives for next steps.
Competencies
Corporate Competencies:
* Demonstrates integrity by modeling the UN's values and ethical standards
* Promotes the vision, mission, and strategic goals of UNIFEM
* Displays cultural, gender, religion, race, nationality and age sensitivity and adaptability
* Treats all people fairly without favoritism
Functional Competencies:
Knowledge Management and Learning
* Contributes to UNIFEM Practice Areas and actively works towards continuing personal learning and development
* Ability to provide top quality policy advice services on related issues
* In-depth practical knowledge of inter-disciplinary development issues
Development and Operational Effectiveness
* Ability to lead formulation of strategies and their implementation
* Excellent drafting and presentation skills
* Ability to plan and organise work programme
* Ability to work with minimum supervision
Management and Leadership
* Focuses on impact and result for the client and responds positively to critical feedback
* Consistently approaches work with energy and a positive, constructive attitude
* Demonstrates strong oral and written communication skills
* Builds strong relationships with clients and external actors
Required Skills and Experience
* Advanced University degree in law, social sciences, international development, anthropology or related field
* Ten years of professional work experience in areas pertaining to access to justice and/or informal justice systems, preferably in Afghanistan or other Islamic countries
* Current expert knowledge of access to justice policies, programmes and latest developments
* Specific knowledge of Afghanistan's, or other Islamic countries', formal and informal legal systems and sharia preferred
* Strong research and analytical skills, both qualitative and quantitative
* Excellent consultation, negotiation and facilitation skills with both government and non-government organisations
* Excellent writing and presentation skills in English. Knowledge of Dari and/or Pashto preferred.
Apply now online at: http://jobs.undp.org/cj_apply.cfm?job_id=6484
In many countries characterised by a legal pluralism, the informal justice agencies are often the point of entry to seek justice and redress. However, these informal institutions are known to often act outside of the law, shari'a and the international human rights conventions to which the relevant governments are signatory. This reality is an impediment that needs to be addressed in order to secure rule of law; it is also needs to be addressed to ensure that human rights and women rights are respected. The government of Afghanistan has recognised this dilemma by committing itself to address this issue in an approach characterized by an extensive consultation process that will also see the inputs of women in the communities and women in decision making positions.
Lack of access to justice is a defining characteristic of poverty and a hindrance to poverty reduction and gender equality. Implicit in the concept of the rule of law, is the principle of equal access to justice and these concepts and principles are vital parts of the UN mandate to reduce poverty and fulfil human rights. It includes both strengthening national and international justice systems (formal and informal) and developing people's capacity to make claims and demand accountability. Proper access to justice requires accountable, accessible and effective judicial and legal systems as well as legal empowerment of all people, including women and children: all should be enabled to claim their rights, through justice systems and other services.
In all regions of the world, UN agencies support governments and civil society in building justice systems based on human rights and in ensuring access for all to these systems. The UN Secretary General's Guidance Note on the UN Approach to Rule of Law Assistance, issued in April 2008, provides the principles and framework to be applied in the provision of this support, including in relation to informal, customary and traditional justice mechanisms.
In recognition of the importance of informal justice systems for poor and disadvantaged people and the legal pluralism they represent, UNIFEM, in consultation with UNAMA and UNDP, has taken the initiative to provide technical support to the Ministry of Justice towards the development of a policy document that will guide the transformation needed to ensure that TDR mechanisms are carried out in line with the Constitution, laws of Afghanistan and the international human rights frameworks. UNIFEM will work closely with other UN agencies and relevant stakeholders to ensure an inclusive process. UNIFEM will also work closely with agencies such as the United States Institute for Peace (USIP), the Afghanistan Rule of Law Project (AROLP), and legal aid organisations who have already carried out research and program work in this specific area.
Duties and Responsibilities
The main tasks of the assignment, to be carried in cooperation with a national counter partner, will be as follows:
Desk Review
* Develop a conceptual framework and outline for the review of existing policies on TDR, to be coordinated with other ongoing UNIFEM/UNDP/UNICEF desk review.
* Identify relevant literature and programme documentation (academia, UN, NGOs, governments).
* Provide a gendered analysis of different models to be part of a succinct inception report
* Develop a clear and concise presentation based on the analysis to be used as an information tool for stakeholders.
Consultation and evaluation process
* Participate in the existing taskforce and develop consensus on a broad consultation process focusing on the involvement of key stakeholders, especially women decision makers.
* Conduct and document an evaluation of the USIP pilot project.
* Based on the inception report, the information gathered from the consultation process and the evaluation of the USIP pilot project, develop a draft policy document.
* Conduct a workshop to ensure further ownership by different key stakeholders of the draft policy.
Conference
* With the cooperation of the taskforce, coordinate a national conference for the launch of the policy and to discuss its implementation.
* Ensure full ownership of the conference and the final policy by the relevant justice actors.
* Compile the proceedings of the conference and prepare for publication.
* Submit directives for next steps.
Competencies
Corporate Competencies:
* Demonstrates integrity by modeling the UN's values and ethical standards
* Promotes the vision, mission, and strategic goals of UNIFEM
* Displays cultural, gender, religion, race, nationality and age sensitivity and adaptability
* Treats all people fairly without favoritism
Functional Competencies:
Knowledge Management and Learning
* Contributes to UNIFEM Practice Areas and actively works towards continuing personal learning and development
* Ability to provide top quality policy advice services on related issues
* In-depth practical knowledge of inter-disciplinary development issues
Development and Operational Effectiveness
* Ability to lead formulation of strategies and their implementation
* Excellent drafting and presentation skills
* Ability to plan and organise work programme
* Ability to work with minimum supervision
Management and Leadership
* Focuses on impact and result for the client and responds positively to critical feedback
* Consistently approaches work with energy and a positive, constructive attitude
* Demonstrates strong oral and written communication skills
* Builds strong relationships with clients and external actors
Required Skills and Experience
* Advanced University degree in law, social sciences, international development, anthropology or related field
* Ten years of professional work experience in areas pertaining to access to justice and/or informal justice systems, preferably in Afghanistan or other Islamic countries
* Current expert knowledge of access to justice policies, programmes and latest developments
* Specific knowledge of Afghanistan's, or other Islamic countries', formal and informal legal systems and sharia preferred
* Strong research and analytical skills, both qualitative and quantitative
* Excellent consultation, negotiation and facilitation skills with both government and non-government organisations
* Excellent writing and presentation skills in English. Knowledge of Dari and/or Pashto preferred.
Apply now online at: http://jobs.undp.org/cj_apply.cfm?job_id=6484
