Individual - Institutional Consultancy (Maldivian Nationals) - Technical Support to Juvenile Court for Drafting of Regulations, SOPs and Guidelines for Implementation of the Juvenile Justice

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UNICEF works in some of the world’s toughest places, to reach the world’s most disadvantaged children. To save their lives. To defend their rights. To help them fulfill their potential.

Across 190 countries and territories, we work for every child, everywhere, every day, to build a better world for everyone.

And we never give up.

TOR Reference Number: TOR/2020/38

ADVERT: (Maldivian National - Individual/Institutional) Technical Support to Juvenile Court for Drafting of Regulations, SOPs and Guidelines for Implementation of the Juvenile Justice Act

Background & Purpose:

Article 35(a) of the Constitution of the Republic of Maldives guarantees every child special protection and special assistance regardless of their status. Soon after the ratification of the Convention on the Rights of the Child in 1991, the Maldives enacted the Law on the Rights of Child, commonly known as Law 9/91. However, progress towards the development of a comprehensive juvenile justice system in the country had been slow. In August 1997, a specialized court was established for juveniles in the capital, Male' named as the "Children's Court" (later renamed as the "Juvenile Court"), paving way for a separate criminal justice system for children in conflict with the law. However, children in conflict with law living in remote islands and the atolls have been largely left behind as they are trialed in their respective island/atoll jurisdictions and thus do not benefit from the one juvenile court in Male'. Therefore, their protection and access to adequate justice has not been ensured by the State.

In 2004 the Government, led by the Attorney General's Office commissioned a strategic plan for the reform of the juvenile justice system, in which one of the recommendations was to draft a Juvenile Justice Act. In 2006, the Regulation on Conducting Investigations, Trials and Fair Sentencing of Juveniles Offences, was enacted. In 2007, the government renewed efforts to draft a juvenile justice legislation that went through successive parliaments.

Finally, a Juvenile Justice Act (18/2019) was ratified in November 2019 along with the Child Rights Protection Act (19/2019). These two laws are due to allow all adolescents and children in contact with the law, regardless of their place of residence or social status to access age appropriate legal services, and the legal system would need to make a shift from punitive to rehabilitation of juveniles in conflict with the law by promoting prevention, diversion, and reintegration as part of the juvenile justice system of the future.

Purpose of the Assignment:

The purpose of this assignment is to support the Department of Judicial Administration and the Juvenile Court by providing qualified consultant for drafting of the regulations, standard operating procedures and guidelines for the judiciary for the full implementation of the Juvenile Justice Act.

Duty station: The consultant(s) will be based at the Juvenile Court in Male'

Travel: travel to outer islands and Atolls to understand the juvenile justice situation and consult decentral courts and legal staff might be required if the situation allows, if not island level consultation to be through virtual consultation

Supervisor: Department of Judicial Administration and UNICEF Programme Specialist.

Major tasks to be accomplished; Under the guidance of the Department of Judicial Administration and the Juvenile Court, the consultant is expected to undertake the following tasks:

  1. Conduct a desk review of the legal framework of juvenile justice in the Maldives, including legislations, regulations, policy documents, research papers and recommendations on the subject.
  2. Conduct consultations with relevant stakeholders such as the Maldives Police Service, Prosecutor General's Office, Maldives Correctional Services, Department of Judicial Administration, Judicial Services Commission, Supreme Court, High Court, Drug Court, Juvenile Court, Island Courts and legal staff, and relevant NGOs, as well as families of previously or current juveniles in contact with the law to discuss viable ways to implement the law and harmonize procedures across the institutions.
  3. Draft the Regulation on the following areas:

    a) Establishment, jurisdiction and rules of procedures of divisional branches of the Juvenile Court in the atolls and islands.

    b) Trial procedures - initial detention, pre-trial, trial and sentencing and post sentencing phase

    c) Procedures for the diversion of juveniles during trial.

  4. Procedures for the admission of juveniles into the probations programme including convicted juveniles already serving prison sentences, linking closely with JJU on the rehabilitation programme for juveniles in post detention. Conduct a consultation of the draft regulations with the key institutions and stakeholders mentioned above for feedback and necessary revision, and to ascertain the implications of the regulations on the institutions and their operations in the said area.

    1. Prepare the final regulations with input from consultation with the stakeholders.

Deliverables / End product:

Tasks:

  1. Conduct a desk review of existing legal framework for juvenile justice in the Maldives, including legislations, regulations, policy documents, research papers and recommendations to address the identify gaps for a full rollout of the JJ Act.
  2. Consultation with key stakeholders such as the Maldives Police Service, Prosecutor Generals Office, Maldives Correctional Services, Department of Judicial Administration, Judicial Services Commission, Supreme Court, High Court, Drug Court, Juvenile Court and relevant NGOs, to discuss viable ways to implement the law and harmonize procedures across the institutions.
  3. Consultation with stakeholders from the islands, such as Magistrate Courts, police, community members (incl. families and juveniles in contact with the law), local councils to understand the situation in remote locations.

Deliverables:

  • Desk review Report -covering a summary of the existing legal framework, policy directives, relevant statistics and data analysis and the proposed policy alternatives for the regulations including the challenges with regard to the implementation of the regulations.

Time Frame: 10 days.

  • Schedule for the drafting of the Regulations.

Time Frame: 5 days.

Tasks:

  1. Draft the Regulations with implementation timeline on the following areas:

  2. Establishment, jurisdiction and rules of procedure of divisional branches of the Juvenile Court in the atolls

  3. Trial procedures -initial detention, pre-trial, trial and sentencing and post sentencing phase
  4. Procedures for the diversion of juveniles during trial
  5. Procedures for the admission of juveniles into the probations programme including convicted juveniles already serving prison sentences.

Deliverables:

  • Draft Regulations.

Time Frame: 30 days.

Tasks:

  1. Final Consultation and final Draft Regulations together with a brief report on the challenges for implementation

Deliverables:

  • Final Draft Regulations.

Time Frame: 5 days.

Note: Soft and hard copies to be submitted to UNICEF. Payments will be disbursed against acceptance of products, and against accepted deliverables and on the acknowledgement of the receipt of the deliverables.

Estimated duration of contract and deadline for submission of end-product: The total consultancy duration is 50 days

Qualifications or specialized knowledge and/or experience required:

To be selected for the consultancy the applicants should have the following qualifications and experience.

  • A degree in law or related field
  • At least 5 years' working experience, in the juvenile justice system
  • Familiarity with the principles of the Juvenile Justice Act and international best practice in the area
  • Prior knowledge in drafting legislations and regulations is desirable
  • Ability to keep to tight timelines.
  • Strong drive for results.
  • Proficiency in written and spoken English and Dhivehi

Deadline for Applications: 19th September 2020, 06:00pm (Maldives Time)

Application Link:

https://secure.dc7.pageuppeople.com/apply/671/gateway/Default.aspx?c=apply&sJobIDs=534262&SourceTypeID=796&sLanguage=en-us

For every Child, you demonstrate…

UNICEF's values of Care, Respect, Integrity, Trust, and Accountability (CRITA) and core competencies in Communication, Working with People and Drive for Results.

View our competency framework at

http://www.unicef.org/about/employ/files/UNICEF_Competencies.pdf

UNICEF is committed to diversity and inclusion within its workforce, and encourages all candidates, irrespective of gender, nationality, religious and ethnic backgrounds, including persons living with disabilities, to apply to become a part of the organization.

UNICEF has a zero-tolerance policy on conduct that is incompatible with the aims and objectives of the United Nations and UNICEF, including sexual exploitation and abuse, sexual harassment, abuse of authority and discrimination. UNICEF also adheres to strict child safeguarding principles. All selected candidates will be expected to adhere to these standards and principles and will therefore undergo rigorous reference and background checks. Background checks will include the verification of academic credential(s) and employment history. Selected candidates may be required to provide additional information to conduct a background check.

Remarks:

Mobility is a condition of international professional employment with UNICEF and an underlying premise of the international civil service.

Only shortlisted candidates will be contacted and advance to the next stage of the selection process.

Individuals engaged under a consultancy or individual contract will not be considered “staff members” under the Staff Regulations and Rules of the United Nations and UNICEF’s policies and procedures, and will not be entitled to benefits provided therein (such as leave entitlements and medical insurance coverage). Their conditions of service will be governed by their contract and the General Conditions of Contracts for the Services of Consultants and Individual Contractors. Consultants and individual contractors are responsible for determining their tax liabilities and for the payment of any taxes and/or duties, in accordance with local or other applicable laws.

Added 3 years ago - Updated 2 years ago - Source: unicef.org