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Legal Expert

Kabul, Afghanistan

Short summary of the job: Conciliation and mediation /resolving legal disputes through peaceful methods

Project Background

The Access to Quality Justice Services (AQJS) project outcome is to increase the access to quality justice for all and reduce the “justice gap” in Afghanistan with detailed objectives as follows; (i) increase access to justice for all through effective, accountable and gender-responsive justice & judicial institutions (ii) increase legal awareness of Afghan men and women (iii) strengthen linkages between formal and traditional/ customary / informal dispute resolution and (iv) strengthen justice institutions’ capacity to effectively implement the NJJRP. Consequently, Afghan men, women and girls can equally experience improved access to quality justice services and that would increase trust in Justice  System which is, in a longer-term, a key element to support economic development in the country. The General Directorate of Huqooq of Ministry of Justice in Kabul and the provincial directorates of Huqooq in 34 provinces, are involved in resolving conflicts arising from families, debts and poverty of natural or legal persons, in accordance with the principles of Civil Law and Law on Obtaining Rights.

The Access to Quality Justice Services (AQJS) Project, under Output 1 activity 1.6, seeks to strengthen the relationship between the formal and informal dispute resolution institutions. Since the Law on Civil Dispute Resolution is not yet endorsed, the project officially recognizes the relationship between formal and traditional dispute resolution mechanisms under the Law on Obtaining Rights, as well as the Procedure for Reconciliation in Legal Cases, and supports the General Directorate of Huqooq in designing and developing training manuals for conciliation and mediation mechanisms (skills needed for conciliation and mediation) and strengthening the relationship between formal and informal dispute resolution mechanisms. 

Duties and Responsibilities 

The Afghanistan Access to Quality Justice Services (AQJS) Project proposes programmatic engagement with Ministry of Justice Department of Huqooq (MoJ- Huqooq) in relevant areas including to support Huqooq department to recruit a Legal Expert to design and develop a training manual for a practical mechanism of conciliation and mediation (proficiencies required for conciliation and mediation)

This training manual will be technically assisted through a committee chaired by the General Directorate of Huqooq – Ministry of Justice, involving relevant institutions like Ministry of Women, Women’s Protection Centers, representatives from EVAW High Commission, Human Rights Commission, International Donors, and implementing partners like the Asia Foundation, US State Department INL, USIP, USAID – Checchi Consulting, GIZ, IDLO, other Civil Society Organizations that have activities in the area of Informal Justice System, such as; Salah Institute, The Afghan Women’s Network, Women for Women, and other relevant governmental and non-governmental organizations. We expect that the project/assignment should be concluded within a year. Means, the manual should be completed within the first 6 months and the training during the second 6 months of the project implementation.

The Legal Expert will train the Huqooq Department Staff on the implementation of the training manual for a practical mechanism for conciliation and mediation (skills needed for reconciliation and mediation) across Afghanistan. The United Nations Development Programme (UNDP), in coordination with GIZ and Checchi who are currently discussing issues in North and West (GIZ), and South and East (Checchi) of Afghanistan, are ensuring to prevent the repetition of similar activities and conduct training programs in a regular and systematic manner. These training programs, , in coordination with the General Directorate of Huqooq and provincial departments of Huqooq, will be held at the provincial level which will include participants from district offices  and will be trained on the referral of cases between district offices and Huqooq departments at the provincial level. The process of conducting these training programs will be completed during the second year of project implementation.

The AQJS Project, in close coordination with General Directorate of Huqooq of Ministry of Justice will oversee the process of managing and referring cases through dispute resolution and mediation, in accordance with Law on Obtaining Rights, and implementation of training manual for conciliation and mediation, designed and developed by the General Directorate of Huqooq.

  •         Research on skills needed to conciliate and mediate using national and international experiences (such as Singapore), countries that have had achievements in this area.

  •         Conduct consultation meetings at zonal levels, with relevant stakeholders, on the development of training manual for practical mechanisms for reconciliation and mediation (skills needed for reconciliation and mediation).

  •         Design and develop training manual for conciliation and mediation mechanism (skills needed for conciliation and mediation) in accordance with the Law on Obtaining Rights and dispute resolution through Informal Justice System.

  •         Conduct professional trainings for the staff of Huqooq Department of Ministry of Justice on  the manual for conciliation and mediation.

  •         Prepare a workplan in accordance with AQJS and Huqooq Department’s plans and objectives.

  •         Establish a working committee under the leadership of the General Directorate of Huqooq of Ministry of Justice, with the participation of relevant institutions, such as; Ministry of Women, Women’s Protection Centers, representatives from EVAW High Commission, Human Rights Commission, International Donors, and implementing partners like the Asia Foundation, US State Department INL, USIP, USAID – Checchi Consulting, GIZ, IDLO, other Civil Society Organizations that have activities in the area of Informal Justice System.

  •         Organizing minority meetings at zonal levels for the purpose of developing the training manual, in accordance with the Law on Obtaining Rights and dispute resolution through Informal Justice System.

  •         Organize and conduct capacity building workshops for the professional Staff of Huqooq Department of MoJ at the center.

  •         Responsible to travel to zonal level to organize and conduct capacity building for the professional Staff of Huqooq Department of MoJ on resolving legal or commercial disputes through peaceful methods (conciliation and mediation) during the next 6 months.

  •         Submitting monthly, quarterly and annual reports to Huqooq Department and AQJS Project Manager.

  •         Attend meetings, prepare minutes of discussions, and report to Huqooq Department and AQJS Project Manager.

  •         Support the implementation of project’s Annual Work Plan.

  •         Coordinate and ensure timely updates of all planning instruments in close collaboration with relevant UNDP AQJS units.

  •         To assist the Huqooq Department MoJ in close collaboration with the UNDP AQJS Team and ensures compliance of all actions and activities with organizational rules, regulations, policies, strategies and internal control mechanisms.

  •         Coordinate the advisory activities of the project technical staff. Ensure that technical outputs are provided according to plans and up to highest technical standards. Review and clear technical outputs for quality.

  •         Ensure that the Project systematically builds capacities of Implementing Partners and other national partners through introduction of innovation and best practices, access to knowledge and expertise and promotion of their application to project implementation.

  •         Ensure capturing and disseminations of lessons learnt during project implementation.

Expected Outputs and Deliverables:

The Legal Expert reports to the line manager (General Directorate of Huqooq) and is responsible for designing and developing training manuals for conciliation and mediation mechanisms (skills needed for conciliation and mediation) during the first 6 months of project implementation and strengthening the relationship between formal and informal dispute resolution mechanisms. He/she will be responsible to conclude the project/assignment within a year; means he/she will conduct capacity building workshops for the professional Staff of Huqooq Department of MoJ, on resolving legal or commercial disputes through peaceful methods (conciliation and mediation) during the next 6 months.

He/she reports to the Director of Huqooq MoJ and UNDP AQJS Project. coordinate all the resources when required to conduct consultation workshop on different law, regulation and procedures.to draw on and share best practice and lessons learned for application in Afghanistan.

Requirements

Skills:

Corporate Competencies:

  • Demonstrates commitment to Ministry of Justice mission, vision and values;

  • Skills to conduct capacity building workshops for the professional Staff of Huqooq Department of MoJ on resolving legal or commercial disputes through peaceful methods (conciliation and mediation) ;

  • Ability to implement the policies and procedures of the relevant departments;

  • Ability to designing and developing training manuals;

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

  • Project implementation experience with the UN system is a strong asset;

  • Strong organizational and reporting skills;

  • Results oriented, strong team player with outstanding interpersonal and coordination skills;

  • Ability to work independently;

  • Strong managerial competency with experience in results-based management and results oriented approach to project implementation;

  • Ability to establish substantive professional relationships with all stakeholders;

  • Familiarity with post-conflict environments is an asset

 

Functional Competencies:

  • Promotes a knowledge sharing and learning culture in the office;

  • Actively works towards continuing personal learning and development in one or more practice areas, acts on learning plan and applies newly acquired skills;

  • Ability to provide top quality policy advice;

  • In-depth practical knowledge of inter-disciplinary development issues;

  • Good interpersonal and negotiation skills that allow for working productively as part of a larger team;

  • Ability to use critical thinking, conceptualize ideas, and articulate relevant subject matter concisely;

  • Excellent oral and written communication skills in English, Dari or Pashto;

  • Ability to communicate effectively with and relate to people of different cultures, demonstrating an ability to see issues from other perspectives.

Knowledge Management and Learning

  • Shares knowledge and experience;

  • Actively works towards continuing personal learning, acts on learning plan and applies newly acquired skills. 

Development and Operational Effectiveness

  • Ability to perform a broad range of activities aimed at effective and efficient provision of the quality legal aid services;

  • Confidentiality of Ministry of Justice

Leadership and Self-Management

  • Focuses on result for the client and responds positively to feedback;

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

  • Remains calm, in control and good humoured even under pressure;

  • Demonstrates openness to change and ability to manage complexities.

Language Requirements:

  • Fluency in Dari, Pashto and English is required

Qualifications:

  • Bachelor’s Degree in Law, Sharia, or equivalent from a recognized university, a master’s or PhD is preferrable. Candidates with degree in dispute resolution through conciliation and mediation are preferred

  • At least 3-7 years of experience in resolving legal disputes through peaceful methods (conciliation and mediation)

  • Experience in legal research and judicial trainings

  • Excellent computer skills including MS Excel and Word is required.

  • Ability to set priorities and show initiative, to work independently and as part of a team.

  • Strong organizational skills and attention to detail.

  •        Good interpersonal 

WORKING ARRANGEMENTS

Institutional Arrangements:

Working under overall and direct supervision of General Directorate of Huqooq and regular reporting to UNDP/AQJS focal point.

Duration of work: One Year with possibility of Extension

Job Location: Kabul Afghanistan

Contract Type:

short Term  

Employment Type:

Full Time

Salary Scale:

As per Company salary scale

Extension Possibility: 

Yes

Contract Duration:

4 Months

Benefits

Healthcare, dental, vision, life insurance, Flexible Spending Account (FSA), Health Savings Account (HSA)

PTOs

Vacation, Sick, and paid leaves

Save on commute

Pre-tax commuter benefitsbr
(parking and transit)

Discount Programs

Brand-name product and services in categories like travel, electronics, health, fitness, cellular, and more

Prime location

Only a couple blocs from BART, Caltrain, Highway 101, carpool pickup, and Bay Bridge.

Sponsored Events

Tuesday Dinners, Monthly Lunch Mixers, Monthly Happy Hour, Annual day event

Sport Activity

Play any sport with colleagues and the bill is covered

Eat & Drink

Peet's and Philz coffee provided all day to order and pantry snacks