United Nations Development Programme (UNDP)

Local Consultant (Develop The Judicial Regulation Under The Domestic Violence Prevention Act)

United Nations Development Programme (UNDP)

Job Description

The Maldives Study on Women’s Health and Life Experiences revealed that 1 in 3 women between ages of 15-49 have experienced some kind of physical or sexual abuse at some point in their lifetime[1]. The study also revealed that among those women who have experienced violence, very few sought helps from formal services including formal justice system. The ratification of the Domestic Violence Prevention (DVP) Act in 2012 was a significant milestone towards strengthening the legal framework for combating and preventing domestic violence (DV) in the Maldives. Since the enactment of the act, the public has been proactively reporting on DV cases to the relevant authorities Research indicates this is largely due to the increased awareness among individuals and communities on the issue[2]. To ensure the swift delivery of justice mandated in the legislation, the act requires special measures from duty bearers. The DVP Act clearly establishes the roles and responsibilities of the duty bearers which encompasses agencies of various sectors in the Maldives. The Family Protection Authority, the lead agency for the act was established under the DVP Act with the aim to combat domestic violence; create public awareness on issues of domestic violence; provide the required services to the survivors of such violence; co-ordinate the work of the relevant government institutions including the Police and the Health Sector by bringing such efforts under a national policy and implementing such policies. Similarly, the Act, mandates the Justice Sector, to take special measures in dealing with cases of domestic violence on investigation, prosecution and trial stages. In this regard, Section 66 of the DVP Act, requires the courts to lay down special set of regulation to guarantee justice for survivors and victims of domestic violence. The Department of Judicial Administration (DJA) mandated to organize, implement and oversee all administrative matters of the Judiciary is working to ensure the proper and effective implementation of the DVP Act in the Judiciary through formulation of regulations, guidelines, sensitization and training. UNDP has been supporting the efforts to strengthen response to domestic violence and sexual gender-based violence over the years to ensure Access to Justice for all. In this regard, training and Capacity Building programmes have been conducted for justice sector stakeholders on domestic violence and sexual gender-based violence. In view of the existing needs, UNDP under its Integrated Governance Programme (IGP) with the Department of Judicial Administration is seeking the support of a local consultant to draft the regulation of the judiciary under the DVP Act. [1] Ministry of Gender and Family, 2007, Maldives Study on Women’s Health and Life Experiences [2] UNDP, HRCM, FPA, 2019, The Third Rights Side of Life Survey
Duties and Responsibilities
Under the guidance of DJA, FPA and UNDP, the consultant will draft the judicial regulation under the DVP Act. The tasks to be undertaken by the consultant under the Terms of Reference include, but are not necessarily limited to, the following;
  1. Conduct a desk review of the existing legal framework and relevant legislations /regulations and practices related to the DVP Act in the country and submit an inception report including a timeline for the drafting of the regulation.

  2. Review existing policy papers, assessments, consultation reports, and follow up on their recommendations with stakeholders. Organize and conduct online consultation meetings with relevant stakeholders including but not limited to judiciary (Supreme Court, High Court, Family Court, Superior Courts, Magistrate Courts), Maldives Police Service, Ministry of Gender Family and Social Services, Prosecutor General’s Office, Judicial Service Commission, relevant government institutions and Civil Society Organizations.

  3. Based on the consultation meetings, the review of suggested policy recommendations, policy papers, policy directives from DJA and FPA and based on the inception report, draft the judicial regulation under the DVP Act.

  4. Conduct a final consultation meeting for the regulation with relevant stakeholders;

  5. In collaboration with DJA and FPA, identify implication of the regulation on key institutions and stakeholders once enacted and recommend ways forward by proposing a roadmap for implementing the regulation which includes mitigation measures.

Expected Outputs and Deliverables All documents shall be submitted as stipulated below and all documents will be submitted as drafts and upon review by the UNDP, DJA and FPA, the consultant shall revise the draft documents. Once, the revised reports are accepted by DJA, FPA and UNDP, they will be termed as final documents for the consultancy. The consultant will be responsible for the following deliverables;
  1. Inception Report: The inception report shall include a summary of regulations and policies that currently exist in relation to the DVP Act. It should also reflect the proposed policy options for the regulation, including constraints with regard to the implementation of the said regulation and a clear timeline for the drafting of the regulation.

  2. Drafting of regulation: The drafts of the regulation should be completed as per the timeline identified in the inception report. The consultant should conduct relevant consultations during the drafting stage with stakeholders identified in the inception report and with others if required. The drafts will be written in Dhivehi and in a format and style determined by the DJA and will be translated into English once they have been finalized and endorsed. Final draft should be thoroughly vetted by obtaining feedback from stakeholders, including public opinion.

  3. Final consultation meeting and the final draft of the regulation: The consultant shall facilitate a validation workshop for relevant stakeholders on the regulation, incorporate any necessary changes and reviews identified in the consultation workshop. The final draft of the regulation should be submitted to DJA, FPA and UNDP once it is approved by all relevant stakeholders following consultation.

  4. Roadmap: The implementation plan should identify the impacts of the regulation on stakeholders and make recommendations on mitigation measures. The document should be prepared in Dhivehi and submitted to DJA and UNDP and if required by DJA and UNDP, the plan should also be translated into English.

The following table shows an indication of the duration for the deliverables; Final inception report 7 days Draft regulation (including consultations) 20 days Final Consultation meeting and final draft of the regulation 6 days Roadmap 5 days Institutional Arrangement The consultant is expected to work with the technical committee established for the consultancy which includes staff from DJA, FPA and UNDP. The consultant will be accountable to the Programme Analyst of IGP, for each deliverable as stipulated in the proposal. Fortnightly meetings will be held with the UNDP, DJA and FPA. A briefing and debriefing meeting will be organized with UNDP senior management at the beginning and end of assignment. Duration of the Work This assignment will approximately take 9 weeks and is expected to start early-July. The consultant should come up with a clear timeline while submitting the proposal taking into consideration the estimated time durations for each deliverable as stipulated above. Duty Station: Home-based
Competencies
  • Demonstrates integrity by modeling the UN’s values and ethical standards;

  • Promotes the vision, mission and strategic goals of UN/UNDP;

  • Displays cultural, gender, religion, race, nationality and age sensitivity and adaptability;

  • Ability to lead strategic planning, Results-based Management and reporting;

  • Ability to conduct research and Analysis and strong synthesis skills

  • Builds strong relationships with stakeholders, focuses on impact and result for the stakeholders and responds positively to critical feedback; consensus-oriented

  • Consistently approaches work with energy and a positive, constructive attitude;

  • Demonstrates good oral and written communication skills;

  • Regional and National Knowledge is highly desirable

  • Ability to write reports particularly for International Funded project

  • Demonstrates ability to manage complexities and work under pressure, as well as Conflict Resolution

Required Skills and Experience
Education
  • A minimum of a bachelor’s degree in Law

Experience
  • A minimum of 10 years of professional experience in the justice sector

  • A minimum of 5 years of experience in development of legal frameworks, regulations etc for justice sector institutions

  • Experience in developing roadmaps/plans is desirable

  • Experience in facilitation of public consultations is desirable

  • Familiarity with concepts on violence against women and past experience working on gender equality is desirable

Language requirement
  • Fluency in written and spoken English and Dhivehi is required

Application process Interested individuals must submit the following as proposals in order to demonstrate their qualifications:
  • A letter indicating why the candidate considers himself/herself suitable for the required consultancy

  • Submission of an updated detailed Personal CV or P11 form which can be downloaded from http://sas.undp.org/documents/p11_personal_history_form.doc. The CV must capture all past experience from similar projects.

  • Previous similar works undertaken by the consultant

  • At least two references from recent previous jobs and three references contact details including phone number and email

  • Financial proposal indicating Daily consultancy fee in Maldivian Rufiyaa.

Note: Please note that UNDP jobsite system allows only one uploading of application document, so please make sure that you merge all your documents into one single file. 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. UNDP does not tolerate sexual exploitation and abuse, any kind of harassment, including sexual harassment, and discrimination. All selected candidates will, therefore, undergo rigorous reference and background checks.
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