I. Organizational Context
The justice sector in Guinea Bissau continues to face many challenges and requires comprehensive reforms to ensure that the State can fulfill its task of establishing an adequate and efficient judicial system equipped to provide service to the population. Impunity, weak rule of law and the lack of respect for human rights, including discrimination against women, due to inadequate legal and institutional infrastructure, particularly in the justice sector, has undermined public confidence in the ability of the state to protect civil, political, economic and cultural rights.
The judicial system requires a reinforcement of institutional capacity that will guarantee a proper administration of justice and a consolidation of the rule of law. Additional efforts need to be undertaken to develop and prepare national legislation, in accordance with the constitutional process; and to improve the access of the population to justice and the rule of law. Constitutional and administrative tribunals need to be established within the framework of reform of the judicial administrative structure. Women have unequal access to justice, particularly for cases of gender-based violence. An integrated approach is needed for the protection of women and children’s human rights, through the creation of specific mechanisms in the relevant institutions responsible or through legislation. This may include special support and protection services for victims, training and sensitization of staff in the justice and security systems, and the formulation of laws and policies promoting effective protection. The Constitution of Guiné Bissau guarantees equality before the law, in all domains of political, economic, social and cultural life to women and men. However there has been no revision and harmonization of the law regarding this principle as well as those enshrined in CEDAW and therefore women continue in a disadvantaged position due to cultural obstacles manifested in customary practices.
Immediate priorities in the justice sector are related to the need to provide an adequate number of trained personnel and other human resources; logistical necessities and adequate working conditions (vehicles, computers, telephones, fax machines, etc.), and premises suitable for conducting duties and delivering services. This is necessary to maintain stability and strengthen trust and confidence in the administration of justice. In the medium-to-long term, priorities are related to the need to strengthen the overall capacity of the justice sector, including through the revision of legal frameworks, such as the Code of Criminal Procedure and the Code of Judicial Costs, ensuring their harmonization with international legal and human rights instruments.
Also customary law and traditional justice is widely used in the country and it is important to study better mechanisms of interface between the formal and informal justice system.
Some programmes are under way to address the challenges of the justice sector. As an example, the Peacebuilding Fund and UNODC is providing support for the rehabilitation of selected prisons in Bissau, Mansoa and Bafatá as well as supporting efforts to combat transnational organized crime, including drug trafficking, human trafficking and illegal migration. The EU plays a major role in supporting and restructuring the police forces including the Judiciary Police that responds to the Minsitry of Justice and UNDP and EC are important partners supporting administration of justice and access to justice in the country.
In 2006 the National Assembly of Guinea Bissau approved a National Strategy for Defence 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). This strategy includes a brief reference to the reform of justice sector as integrant part of the security sector. 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 PRSP, the Guinea-Bissau Government identified several strategic priorities related to the Rule of Law and Security (ROLS).
These priorities have been incorporated by UNDP into its country document and its action plan for 2008-2012, in the form of outcomes dealing, among others, with the Rule of Law and Security (ROLS), Governance and Recovery/Sustainable Livelihoods (RSL). ROLS is one of UNDP Guinea-Bissau’s largest intervention domains, with two programmes being implemented under this portfolio – an umbrella RoLS Programme and the MDG Fund Joint Programme for Strengthening Justice and Security Sector Reform. Under this portfolio, UNDP initiatives are expected to tackle problems and challenges in the following areas:
1) Capacity development of justice institutions
2) Promote access to justice, specially for women
3) Support the modernization process of law enforcement institutions
4) Improve democratic governance of security institutions
The Security Sector Reform Strategy does not sufficiently develop and integrate the country needs regarding justice sector reform. Thus, the Ministry of Justice and the Courts are seeking further planning and policy support to develop a comprehensive, coherent and prioritized justice policy than can be translated into a proper operational plan for the next 5 to 10 years.
The Ministry of Justice is the governmental institution responsible for the development, implementation, coordination and evaluation of the policy defined and approved by the Council of Ministers and the National Assembly, in regards to legal and justice areas. It also has the role of inter relation with the Prosecutor General and the Superior Council of the Judiciary.
Under the Ministry’s attributions it must play a role regarding coordination in the judicial system is established in its organic law. He is responsible for ensuring the interaction of the government with the Courts and Prosecution. On the judicial sector the functions of the Ministry of Justice relate to: development of the legal framework for the sector: support judicial administration including infrastructure development; promote access to justice; manage and financial administration of justice equipments and facilities.
In its support function to the courts the Ministry is responsible for promoting court modernization, train and manage public servants affect to the justice sector, collect and organize information and statistical data for the development of the sector; procure equipment for the courts and manage the judicial training institute. Thus, the Ministry needs to explore avenues to fulfill its coordination role vis a vis the other sector institutions and also regarding the international community. On the later and commendably, a donor matrix has been developed under the leadership of the Ministry of Justice, describing all actions that are being supported by different partners. This is just a first step regarding improved coordination and resource mobilization for the national justice priorities. Most importantly, to ensure coherente and comprehensive institutional development of the sector the Ministry needs to formulate and develop a national justice policy document as well as a strategic action plan detailing its priorities for the next 5 to 10 years. This approach will enable the balanced development across the sector. For such, a participative and consultative approach should be privileged involving not only all sector representatives but also based on public perceptions of the people of Guinea Bissau on justice needs, in particular listening to the voices of the most vulnerable groups.
Under the guidance of the Minister of Justice, the technical supervision of the Conflict Prevention and Recovery Coordinator and the overall supervision of the UNDP Deputy Resident Representative Programme, the Justice Policy Advisor and Strategic Planner is responsible for providing strategic direction to the policy making, strategic planning and operationalizing of the Justice Sector development plans.
He/She will work on a daily basis within the Ministers Cabinet and in strict cooperation with other Minister Advisors and Directors and coordinate with all relevant partners working in the sector, in particular EU mission and EC Delegation, UNIOGBIS, the Peace Building Commission, UNODC and relevant bilateral partners.
II. Functions / Key Results Expected
1. Under the technical direction of the CPR Coordinator and the guidance of the Minister of Justice , the Advisor provides strategic technical direction and supports leadership for justice policy development and reform. His/her main duties are as follows:
a. Analyse all relevant framework documents already in place for the Justice Sector including relevant legislation, the National Security Reform Strategy, relevant support project documents to ensure full familiarity with the Guinean justice sector
b. Consult with relevant Ministry directors and advisors, judicial personnel (courts and prosecution) to assert on the main constraints and priorities for the sector from an organizational, functional, technical and behavioural perspective inclusive of institutional reform, capacity development and access to justice and from a gender perspective
c. Support the Ministry in all efforts to collect sectoral and public perceptions (trough workshops, debates, inquiries) about the state of justice and promote public and enlarged forums of debate for recommendations for the sector
d. In conjunction with Ministry and judicial representatives lead the process of drafting a national policy for the sector and a medium term strategic development plan that can be used as a sector development plan, considering always the gender dimensions in all phases and a focus on access to justice. This policy and plan should include:
i) A diagnosis on the sector based on a participative approach
ii) Statement on the vision, mission, goals, objectives and priority areas for the development of the sector
iii) A strategic plan for the sector development 2010-2015 that includes at a minimum institutional development of the sector as mandated by the Constitution, policy and legislative framework for the sector, development of the judicial sector in all its aspects (independence, careers, training, supervision and ethics, case management, inter relation of courts, prosecution, police etc), policy on training and continued legal education for all the sector, access to justice and access to information.
III) An action plan that operationalizes the strategic plan
iv) A proposal and establishment of a mechanism for improving coordination on the sector both between the different institutions and powers (executive, legislative and judicial) and between these and the international community.
e. Support the Ministry of Justice in setting up coordination forums with partners and relevant national institutions to ensure a balanced and coherent development approach to the sector
f. Provide technical support to the advisors and directors of the Ministry of Justice, including capacity building, structured training and on job training, for policy and planning formulation on justice issues to facilitate the continuous process of planning and implementation of the identified priorities, strategies and activities
g. At the discretion of the Minister of Justice or its delegate, integrate all relevant working groups and working meetings dealing with strategic planning for the sector and donor coordination
h. To guide and support the relevant Ministerial staff in the implementation of the strategic plans under a capacity development lens.
i. Support preparation of drafts of policy briefs, action plans, terms of reference, funding mechanisms arrangements and all relevant documentation for following up on the strategic plan to submit to the Minister of Justice
j. Promotes and advocates for an integrated vision of justice development that includes all relevant national institutions and stakeholders (Ministry of Justice, Courts, prosecution, Ministry of Interior and Police, National Assembly, Civil Society, women’s groups and relevant oversight bodies) and seeks dialogue and consensus building between partners for holistic policy formulation
k. Provides technical support to initiatives (seminars, round table meetings, working meetings, communication strategies) for the promotion and resource mobilization for justice.
l. Provides strong leadership and high level policy advice and an overall strategic vision for justice with a view to building national capacities, establishing the rule of law and enhancing security, to support the overarching peace building objective of the Government and the UN, in close collaboration with UNDP Programme
m. Provides high level senior policy advice to UNDP senior management, government counterparts, donors and other partners on issues related to ROLS in Guinea Bissau
n. Ensures the integration of cross-cutting issues, such as gender, peace building, human rights into the design, of policies and plans
o. Liaises continually with and forges close linkages with other UN offices, programmes, agencies and entities, and other international and national stakeholders concerned with or providing assistance on ROLS issues to Guinea Bissau;
p. Manages sensitive issues with great tact and positions UNDP as a neutral actor with high quality policy advice;
q. Promotes identification and synthesis of best practices and lessons learned from the programme area for organizational sharing and learning as well as external information;
Indicative Expected Results:
1. A National Policy Document for the Justice Sector developed in a participative and inclusive approach to be presented and approved by the Council of Ministers
2. A strategic plan for (2010-2015) that details strategies for implementation of the national policy
3. A two years action plan that includes prioritization, sequencing and estimated budget
4. Briefs, project proposals for the donors and resource mobilization and general advice at the Minister’s discretion
5. Short term training or capacity building plan for technicians of the Ministry on strategic planning
6. Internal sector coordination mechanism established
V. Competencies
Corporate Competencies:
- Demonstrates integrity by modeling the UN’s values and ethical standards
- Displays cultural, gender, religion, race, nationality and age sensitivity and adaptability
- Treats all people fairly without favoritism
Functional Competencies:
- Has specialist knowledge in the area of justice and judicial development at policy and/or legislative drafting and post-conflict experience.
- In-depth practical knowledge of inter-disciplinary development issues and experience in capacity development/training approaches
- Has experience at high level policy advice and strategic planning within a national government or international organization
- Ability to lead formulation, oversight of implementation, monitoring and evaluation of development projects
- Builds strong relationships with clients, focuses on impact and result for the client and responds positively to feedback
- Consistently approaches work with energy and a positive, constructive attitude
- Demonstrates openness to change and ability to manage complexities
- Ability to lead effectively, mentoring as well as conflict resolution skills
- Demonstrates strong oral and written communication skills
- Remains calm, in control and good humored even under pressure
- Proven networking, team-building, organizational and communication skills
VI. Recruitment Qualifications
Education:
- Advanced university degree in law; desired specialization (post graduate) in strategic planning and/or development studies.
Experience:
- A minimum of 10 years of relevant professional experience in justice/judicial development at national governmental level dealing with policy, legislative and/or strategic planning
- Experience in post-conflict developing countries
- Proven experience of senior-level responsibilities of similar size and complexity.
- Previous experience with UN or other multi lateral organizations
Language requirements:
- Strong written and spoken French or English skills and Portuguese.
