Friday, March 25, 2011

Legal Drafters Training Coordinator

TERMS OF REFERENCE

I. Profile of the Post
Project: Parliament Project
Title: Legal Drafters Training Coordinator
Type of Contract : Letter of Agreement Between the National Parliament and UNDP
Location: Timor-Leste (Dili)
Duration: 1 year
Desirable Starting Date: 15 April 2011

II. Organizational Context

Timor-Leste became independent in 2002. A democratic semi-presidential governance system based upon separation of powers and mutual cooperation of the institutions of state was developed.
The National Parliament is the cornerstone of the democratic system and good governance. It is currently comprised of 65 members. It is headed by the President of the National Parliament. Nine political parties have constituted in their benches. Detailed parliamentary scrutiny of legislation and government actions is delegated to 9 standing committees of multi-party composition. The parliamentarians are supported in their work by a Secretariat of approximately 81 staffs which is headed by a Secretary General with a category of 66 permanent staffs and 15 temporary staffs. The Secretariat is divided into three directorates and 12 divisions of which assume responsibility for work in the general areas of Finance and Administration, Plenary support, Committee support, and library and documentation functions, communications and public relations, and Information, communications and technology. This organizational structure is under establishment and functioning following the new 2008 Administrative and Service Law of the Parliament (LOFAP).

The National Parliament was established from scratch in a setting of largely inexperienced parliamentarians; an acute shortage of skilled personnel and significant language barriers. Systems and processes are in the early stages in some cases and non-existent in others. Achievements are not yet consolidated and many challenges can only be overcome with long-term assistance. UNDP has supported the growth of the legislature since 2003. The Parliament Project 2010-2013 is a revision of the previous project of 2006-08 extended to 2009, and comprises comprehensive capacity-development interventions in five strategic areas: oversight capacity; legislative support; democratic representation, transparency and accessibility; strengthening parliamentary administration and secretariat functions, and gender mainstreaming. The overall objective of the project is to develop the institutional capacities that allow the parliament to fully and effectively perform its constitutional mandate and to lay down exit strategies for nationals to take over internationals role in the near future.

Under the framework of the UNDP National Parliament Project 2006-2009 and continued to Parliament Project 2010-2013 an additional Letter of Agreement between UNDP Timor-Leste and the National Parliament of Timor-Leste signed to put in practice the Parliament is pursuing the objectives of improving its institutional and human resources capacity with the objective of strengthening its efficiency, independence and effectiveness. The Letter of Agreement provides for capacity building of Timorese with different areas of expertise relevant to the work of the Parliament to be trained by the project and further absorbed into the structure of the Parliament.

Legislative Support is a core component of the UNDP Parliament Project. The establishment of a research services, inclusive of capacity building/training of National Legal Drafters/Analysts within the National Parliament was envisaged in the recommendations of the project mid-term evaluation mission conducted in January 2008. The Parliament has recently created the Directorate of Research and Technical Information, through the newly approved Parliamentary Administration Law (December 2008). A legal training programme for National Legal Drafters/Analysts has been agreed upon between the UNDP National Parliament Project and the National Parliament of Timor-Leste, including the recruitment of international trainers for the accomplishment of the task.

The Legal Drafters training programme has already been developed and submitted to the Pedagogic Board of the Legal Training Centre for formal approval. In the meantime, classes have already started in January for 10 legal drafters. The coordinator will perform primary responsibilities of the implementation of the programme. The coordinator will also perform direct supervision to the training staff, both the Assistant Trainers and the Trainees and provide update to the National Parliament and UNDP.

III. Functions/Key Results Expected
The National Parliament has delegated direct supervision of the Legal Drafting Training Coordinator to the Project Manager of UNDP Parliament Project with indirect supervision by the Secretary General of the National Parliament of Timor-Leste. The Legal Drafters Training Coordinator will perform the following functions:

Summary of Key Functions:

1. Implementation of the training programme for the Legal Drafters of the National Parliament;
2. Conduct examinations and evaluations of the trainees of Legal Drafting Training Programme;
3. Coordinate with the Legal Training Centre of Ministry of Justice on the implementation of all training programmes of the Legal Drafting Training Programme of the National Parliament;
4. Effectively manage the legal Drafting Training Programme of the National Parliament;
5. Develop and implement a strategy for the Nationalization of Legal Advisers in the National Parliament

1. Ensures the design, development and implementation of curricula and summaries, focusing on achievement of the following results:
- Design, develop, and consolidate curricula and summaries for the training programme with the Legal Training Centre and according to the Parliament Project Document and policies set by Project Steering Committee of the UNDP Parliament Project
- Implement comprehensive training programmes, design materials and lesson plans.
- Adapt training curricula according to the policies set by the Project Steering Committee of the Parliament Project.
- Transfer skills and theoretical knowledge to students.
- Apply global best practices in the implementation of the training;
- Perform teaching functions and guidance to the trainees in practicing legal research skills during the training programme, including editing of the works of the students;
- Supervise the trainees’ work, review their performance, and evaluate their achievements.

2. Ensures examinations and evaluations of students are conducted focusing on achievement of the following results:
- Prepare, organize and conduct regular examinations, evaluations and other activities related to the training as required.
- Ensure that graduated students have the required level of competency to assume Legal Drafting/Analyst functions, according to the Rules of Procedures of the National Parliament RDTL and in compliance with the Law in the country.


3. Ensures the coordination of all courses of the Legal Drafting Training Programme, focusing on achievement of the following results:
- Coordinate all envisaged courses, including management of lecturers and resources
- Ensure access of the legal drafters of the National Parliament to resources and facilities of the Legal Training Centre.
- Share with UNDP and Parliament document lessons learned and use input for continual improvement and development of courses.
- Coordinate with the UNDP Parliament Project Advisers to develop a mentoring strategy for legal Drafters
.
4. Ensures effective programme management focusing on achievement of the following results:
- Ensure strategic management of the Legal Drafting Training Programme for legal drafters of the Parliament;
- Supervise, provide leadership and strategic guidance to the trainees and evaluate their performance in jointly with the LTC team.
- Establish guidelines and reporting standards for monitoring and evaluation of activities, in agreement with Programme Management.
- Prepare and submit regular activity progress reports to the Project Manager of UNDP Parliament Project;
- Participate in the regular UNDP Parliament Project Staff meetings;
- To provide regular updates on the progress of the training programme to the Secretary General of the National Parliament, the Mesa, and the Project Manager of UNDP Parliament Project;

5. Ensures strategy is developed and implemented for the Nationalization, focusing on achievement of the following results:
- To assess impact of the first year legal drafters training programme and design a new three years strategy for further Legal Drafting Training Programme;
- Ensure that Legal Drafters abide by the National Parliament and code of ethics;
- Advise on the development of a strategy aiming at the nationalization of the Legal Drafters Team of the National Parliament, which involves scaling down the number of international advisors after 2013.
- Establish synergies and partnerships with national legal institutions and with the Timor-Leste Faculty of Law and international institutions mainly of CPLP members for the development and implementation of trainings and seminars.

IV. Expected Results:

- Strategy Paper for the 2011 to 2012 Legal Drafting Training Programme;
- Curriculum for the 2011 to 2012 Legal Drafting Training Programme
- Definitive Weekly and Monthly Schedule of the Legal Drafters training programme;
- Regular training progress reports (Weekly Log, Quarterly Reports, and annual reports of the Legal Drafters training implementation);
- Teaching-Learning Materials of the Legal Drafters training programme;
- Reports of Evaluation of the Legal Drafting.

V. Competencies

1. Corporate Competencies:
• Demonstrates integrity by modelling the National Parliament’s values and ethical standards
• To comply with national laws and are subject to Code of Conduct for the Advisers/Technical Specialist to the National Parliament of Timor-Leste;
• Displays cultural, gender, religion, race, nationality and age sensitivity and adaptability;
• Treats all people fairly without favouritism.

2. Functional Competencies:
• Excellent coordination and management skills;
• Solid knowledge of legal and parliamentary role and functions of civil law system;
• Able to develop comprehensive training programmes for parliament legal drafters/analysts;
• Able to deliver formal legal drafters/analyst training of the National Parliament;
• Able to building the capacity of the Legal Drafters/analysts that can enable them to change behaviour/attitudes;
• Able to build the capacity of the Legal Drafters/analysts for self-management;
• Strong negotiating and managerial skills to be able to work both independently and as a coordinator of a team;
• Excellent interpersonal, intercultural and networking with a demonstrated ability to build and maintain professional relationships;

3. Behavioural Competencies:
• Team player with effective interpersonal skills;
• Facilitation skills;
• Energetic, positive and constructive attitude;
• Very good oral and communication skills

VI. Recruitment Qualifications

Education: Bachelor’s degree in law or related area. Master is an advantage.
Experience:
• Five years of experience at the national or international level in law. Experience as a legal training coordinator in a civil law system is an advantage;
• Experience in undertaking legal drafting and reviews;
• Experience in coordinating, designing and implementing training programmes for Legal Drafters/Analyst for government/Parliament;
• Teaching Experience in Law at University;
• Experience in providing advisory services and mentoring;
• Experience in post-conflict situations/developing countries;
• Knowledge of international human rights standards and instruments.

Language Requirements:
Fluency in Portuguese. Good command of English, knowledge of Tetum or/and Bahasa Indonesia will be an asset;
How to apply
Please submit your applications letter together with Curriculum vitae to:

Cesar Dias Quintas
Project Manager
Parliament Project
+670 7276041
cesar.quintas@undp.org
UNDP Timor-Leste

Only short-listed candidates will be notified. Women candidates are strongly encouraged to apply.

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