Organizational Context
Article 138(1) 3 of the Interim Constitution of Southern Sudan mandate the Ministry of Legal Affairs and Constitutional Development (MOLACD) to “recommend law reform, strive to protect the public and private rights, advise on legal matters and render legal aid.” Since its establishment in 2005, the MOLACD Establishment Act is now law, creating directorates and departments. MOLACD has over 400 staff spread at Government of Southern Sudan (GOSS) and in the ten states. With the consistent support of development partners and the UNDP Institutional support, MOLACD is currently implementing its first
Strategic Investment Plan. Notwithstanding the above achievements, MOLACD continues to face a myriad of institutional and operational challenges. Key among these is the inadequate development of pertinent policies and strategies to provide access to justice for the poor and vulnerable groups through legal aid service provision. The demands upon the MOLACD continue to grow as different government agencies, States and individuals call for legislative drafting, contractual advice, prosecution, coordination and legal advisory services among others. In its bid to fulfill its constitutional and international obligations MOLACD, with the support of UNDP, now wishes to engage the services of a consultant to develop a legal aid strategy. The Strategy will build upon ongoing UNDP Support to MOLACD in the three areas of technical support, capacity development and infrastructure/equipment support to establish and promote rule of law as a building block to recovery and economic development. A critical area of UNDP support to MoLACD is through the Directorate of Human Rights and Legal Aid in order to help it fulfill the ministry’s mandate to: - Oversee the enforcement of rights and freedoms enshrined in the INC and the ICSS;
- Provide Legal Aid for persons in need;
- Oversee the implementation of rights and freedoms stipulated in the Interim Constitution of the Southern Sudan;
- Provide legal opinions to the GOSS on matters related to violation of Human rights;
- Educating citizens on their constitutional rights through workshops, seminars and the media.
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Overall Objective of the consultancy:
The objective of the consultancy is to formulate a Legal Aid Strategy for MoLACD that takes into account the institutional mandate, GOSS development goals, Constitutional and International obligations. The strategy will detail the scope and range of interventions, systems and mechanisms of service delivery, management structures, results framework, resources and investments among others.
Scope of Work Key functions: The consultant will undertake the following activities: - Conduct a comprehensive review of the legal, policy and regulatory framework guiding legal aid provision in GOSS
- Review and document the current state of legal aid service delivery with specific emphasis on nature of services, scope of coverage, actors and services delivered
- Assess the current demand for legal aid service provision by category and profiling for vulnerability
- Explore the link and possible intersection between legal aid services and customary justice in GOSS
- Offer strategic direction to MOLACD to discharge its mandate
Approach and Methodology
- The process of strategy formulation should be highly participatory. It is expected that the consultant will work closely with all relevant stakeholders specifically the MOLACD, Judiciary of Southern Sudan (JoSS), Ministry of Internal Affairs (Police and Prisons), Local Government Board, Ministry of Local Government and Law Enforcement (state level), Ministry of Gender and Social Welfare, South Sudan Human Rights Commission and Council of Chiefs.
- That the consultant will draw upon existing literature in GOSS and also relevant comparative studies preferably in the East African region
- Organize stakeholders meetings and present the findings and possible interventions recommended in the report for validation (Approximately 2 meetings (one at the beginning of the consultancy and one at the end),
- Interviews and focus group discussions conducted, workshops organized as necessary and travel to 3 States to conduct research (Malakal, Wau, Torit/Yambio)
- Provide weekly documented debriefing, on progress in the project document formulation, to the Project Manager (MoLACD), and Rule of Law Team, and representatives of MoLACD.
- Provide a draft report of the legal aid policy and strategy within 5 weeks, and submit a final report before leaving Sudan and in any event within 6 weeks.
- Debrief UNDP and MoLACD within 5 weeks on the final draft of the developed legal aid strategy.
- Provide professional advice to MOLACD and UNDP on developing a legal aid strategy as required,
- Identify any areas that merit special human rights and gender considerations,
- Promote and strengthen partnership and synergy among the institutions/actors working in the rule of law sector in South Sudan including the CBOs, CSOs and the customary law sector.
Deliverables:
1. Inception report and work plan:
- To be prepared within 3 days of the assignment. This inception report will include (i) interpretation of the TOR (ii) proposed methodology to achieve to expected outputs (iii) time line with key benchmarks for results.
- Present the inception report to MOLACD Reference Group for inputs and improvements.
2. A document detailing the review of the status of legal aid in GOSS: - To be prepared by the end of the fourth week, based on review of documentation, consultations with the stakeholders as well as field visits.
3. A Legal Aid Strategy document and operational plan including proposed results, and budgets that will benefit both MOLACD and UNDP. The final document should be compliant with MOLACD Strategic Plan, the GOSS Development Plan and the Human Rights Based Approach to Programming. The strategy document plus annexes containing a hardcopy, soft copy in Ms Word, Times New Roman, Size 12, single spacing report.
4. Key Outputs Expected:
INCEPTION REPORT AND WORKPLAN:
a. To be prepared within 5 days of the assignment. This inception report will include:
(i) interpretation of the TOR and consultancy actions
(ii) proposed methodology to achieve the expected outputs
(iii) time line with key benchmarks for results b. Present the inception report to UNDP and MoLACD for inputs and improvement: - LITERATURE REVIEW: Review of all relevant existing laws, literature and practices relating to the formulation of the legal aid strategy including the customary law strategy document already prepared for MoLACD;
- BASELINE ANALYSIS: Baseline on the status on the scope of research to be done in the region;
- LINKAGES TO CUSTOMARY LAW: Identify areas in which the customary system can be used to provide or enhance legal aid in South Sudan.
- GENDER AND HUMAN RIGHTS BASED ISSUES: Pay special attention to gender and human rights concerns identified including the gendered and human rights dimensions of customary law and associated practices. To formulate a strategy in conformity with the transitional legal framework and accepted human rights standards.
5. STRATEGY: A proposed Legal Aid policy and strategy document with a clear road map for action which is costed, sequenced and prioritized;
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V. Competencies and Critical Success Factors - Strategic Thinking- - an ability to look beyond the symptoms, creatively tease and create a vision for legal aid provision in GOSS blending the big picture through selecting options for action with the maximum benefit for the people of Southern Sudan
- Management – An ability to plan, organize, coordinate, budget, and report on strategic planning on legal aid frameworks and harmonization with customary legal systems(at central, state, and local levels).
- Legal Competencies: Understanding of common law systems and legal aid service provision in sub-Saharan Africa, designing and implementing legal aid systems, familiarity gender and human rights based approaches, and strategic planning.
- Demonstrated knowledge and applied skills in formulation and implementation of legal aid strategies in sub-Saharan Africa is essential.
- Knowledge of rule of law institutions, current political situation and historical background of Sudan is desirable.
- Adaptability - An ability to organize and produce results in a fluid working environment in a post-conflict and high demand context.
- Communication and Team building Skills - Strong communication and interpersonal, analysis, and planning skills, and ability to work amicably in a multi-disciplinary and multi-cultural work situation.
- Ability and readiness to work in a highly stressful hardship duty station, with very limited infrastructural facilities, a must.
- Understanding of legal reform strategies within a post-conflict context is highly desirable
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