Application closing date: 16 July 2019
On September 12, 2018, the Revitalized Agreement on the Resolution of the Conflict in the Republic of South Sudan (R-ARCSS) was signed with a view to bringing conflict in South Sudan to an end. While their appears to be positive commitment from the parties to ensure that the R-ARCSS succeeds, successful implementation is not contingent only on the aspirational nature of the content but rather the creation of an enabling environment and management of risks associated with implementation of issues such as trust building, transparency around the implementation process, consensus building on the nature of the state (federal versus central), rule of law and security sector reform, demilitarization, demobilization and integration, allocation of oil revenue, governance architecture and public service reform, constitution-making, and elections.
Emerging from an era of armed conflict, South Sudan lacks the institutional and professional capacity to immediately resume or establish a functional, effective and accountable justice and security system, or the means for rights bearers to access justice. Weak legal, regulatory, policy and institutional framework further hinders capacity of rule of law institutions to provide service in accordance with national and international standards of rights, justice and equality. Lawyers, judges, prosecutors, police personnel, prison personnel, legislators and civil servants operate in a dysfunctional system, where salaries, equipment and positive incentives are irregular, and where perceptions and commitment to legal imperatives have been battered.
The high prevalence in SGBV in South Sudan will leave a legacy not only on individual survivors, but also on entire communities. Often, women are disempowered and deprived of their rights, voice and agency, which consequently increases their vulnerability.36 Moreover, women are often unaware of their rights, and often lack legal protection and access to mechanisms by which their grievances can be remedied. Where women are not able to claim their rights and obtain recourse for violations of their rights, establishing effective, efficient and fair justice systems is needed, for example, to ensure that women are able to seek justice when denied inheritance.
read violence that fosters national healing and puts an end to the cycle of violence. The Access to Justice and Rule of Law Project seeks to address the above challenges by focusing on: a) Institutional capacity building through ongoing and entrenched technical assistance and training; b) Enhancing citizens’ accessibility to justice through awareness raising initiatives to improve the understanding, attitudes and trust of the public in the ability of the State to provide quality justice services; c) Improving State accountability through monitoring of justice services and greater adherence to human rights standards; d) Enhancing coordination and dialogue between State and non-State entities to improve the responsiveness of State policies to the needs of the people.; e) Enhancing the capacity of civil society actors to provide monitoring oversight of justice institutions, increasing their accountability and ensuring a human scope to government policy; and f) Advocacy on transitional justice priorities, and improved public legal awareness; all of which are critical to long-term peace and stability.
Aiming to strengthen the rule of law sector to increase and expand the availability, affordability, adaptability and acceptability of justice services in South Sudan, the project focusses on three outputs:
- Functions and capacity of rule of law institutions enabled to deliver accountable, effective and equitable justice services.
- Measures in place and implemented in the rule of law sector to prevent and respond to sexual and gender-based violence. Human rights and transitional justice mechanisms strengthened to monitor and respond to the promotion and protection of citizen’s rights.
To achieve these outputs, the project works closely with government, other UN agencies, and civil society organizations to implement project activities, deploys UN staff into the field to work closely with actors on the ground, and works with government at the highest levels to build legislative and regulatory capacity.
The project aligns with the following development frameworks: South Sudan 2040 Vision: promoting supremacy of the rule of law and separation of powers, recognition of human rights and fundamental freedoms, justice and equality for all, and promoting accountability and transparency in governance; Sustainable Development Goals (SDGs); mainly SDG 16 that aims to strengthening the rule of law, access to justice by vulnerable groups and promoting effective, accountable and inclusive justice institutions; UNDP Strategic Plan (2018-2021) Signature Solution 2: Strengthen effective, inclusive, and accountable governance. 2019-2021 United Nations Cooperation Framework and UNDP Country Programme Document; (CPD) outcome 1: “The South Sudanese population, particularly the most vulnerable groups, benefit from strengthened peace infrastructures and accountable governance at the national, state and local level.”
In order to build on existing support already being provided by UNDP and upscale sustainable and measurable interventions it is intended to reinforce existing best-practice areas into a coherent engagement. Ensuring sustainable peace requires a comprehensive measuring of results and impact of rule of law institutional support as well as the development of an M&E system that would measure impact and results over time in areas of rule of law and connected to SDG Goal 16.
Duties and Responsibilities
Under the overall supervision of the Access to Justice Chief Technical Advisor and in coordination with the Access to Justice Project Manager, the consultancy team composed of the International consultant (team Leader) assisted by the National Consultant will perform the following substantive duties and responsibilities:
- Prepare an inception report, covering the background, objectives, methodological approach, work plan and deliverables for presentation at inception meeting;
- Develop tools to conduct impact analysis and measure results in rule of law programming;
- Carry out a gap analysis of the structures, mandate, personnel and funding of rule of law institutions and mechanisms with the view to develop their capacity;
- Carry out an analysis on the capacity of the rule of law institutions including gender mainstreaming;
- Develop an M&E system that would measure impact and results over time in areas of rule of law and connected to SDG Goal 16.
The deliverables of the assessment are:
Inception report: The consultant will prepare an inception report which details the consultants’ understanding of the consultancy and how the assessment will be conducted. The report will be presented to the reference group at an inception meeting. This is to ensure that the consultants and the key stakeholders (participant institutions and UNDP) have a shared understanding of the consultancy. The inception report will include the impact analysis design, methodology, sample questions, data sources and collection analysis tool for each data source and the measure by which each question will be evaluated. The report will include the scope of work, plan of action, and time frame. The methodology must include clear instruments and procedures for institutional capacity development based on identified needs and gaps.
Required Skills and Experience
Master’s degree in law, public administration or related social science fields combined with capacity building work and institutional needs assessment;
- Minimum 10 years of experience in the areas of institutional and capacity needs assessment, monitoring and evaluation or capacity assessment in post-conflict context;
- Demonstrated managerial competence and experience in organizing, leading and coordinating multi-cultural technical assistance teams at the international level;
- Extensive experience and knowledge in conducting monitoring and evaluation;
- Knowledge of gender issues in institutional capacity assessment;
- Good understanding of key elements of result-based management/programming;
- Demonstrated capacity for strategic thinking and excellent analytical and writing skills;
- Initiative, ability to work independently, sound judgment and good interpersonal skills;
Fluency in English with excellent oral, written, communication and reporting skills is required.