National Consultant (NC) – Access to Justice in Yemen At CTG

Overview of position

Yemen has experienced protracted conflict since 2015 and is the worst humanitarian and development crisis in the world. Public institutions including Rule of Law-related institutions are dysfunctional and lack infrastructure, equipment, and human resource capacities. Lack of inclusiveness in decision-making at all levels, and the spread of corruption, injustice, and insecurity collectively undermine the ability of the Yemeni population to live in safety and security and to have access to effective justice. To strengthen the resilience of institutions and communities, and to maintain a foundation for recovery and reconstruction, the project focuses on the following areas:
Output 1. Community Safety: Diverse community protection needs, including those of women and youth addressed;
Output 2. Legal Empowerment: Services for vulnerable populations, such as the poor, IDPs, women, juveniles, and other marginalized population groups such as Muhamasheen are provided;
Output 3. Gender Justice: Gender-inclusive rule of law institutions with stronger women’s participation and leadership in the delivery of security and inclusive justice services to women and girls is enhanced;
Output 4. Detainee Protection: Improvements in basic conditions of detention, access to education and training, and reintegration of detainees into the community after release to protect them from stigma and ostracism improved.
The project is framed by a structured ongoing consultative process and bottom-up approach for building-in local ownership, developing local priorities, and proposing solutions. The project also supports a strategic approach to Rule of Law coordination and sharing of good practices, through the annual ROL workshop and Steering Group. The Community Committees (CCs) are intended to be the link and interface between the authorities and the communities they serve. CCs provide a forum to discuss community problems and find community-based solutions through participation and mediation. CCs offer alternative pathways to justice and prevent problems from escalating into serious crimes. There can be vertical layers of CCs at the Neighborhood, District, and Governorate levels. CCs also have horizontal networks with multi-sectoral stakeholders, such as local authorities, local police, local civil society organizations (CSOs), local private sector, among others. The client aims to support the development of an inclusive model of CCs under Output 1 (Community Safety) of PIAJY Project. The Project takes a tailored, area-based approach to the contextual differences across two locations while working towards equitable distribution of project resources.

Role objectives

the Project will select two (2) national CSOs, respectively in Aden and in Sanaa to implement the following three activities.

• Activity 1. Community Mapping to Identify Community Leaders Inclusively.
• Activity 2. Developing an Inclusive Charter for Community Committees.
• Activity 3. Joint Training and Qualification of Community Committees.

The selected NC is requested to provide the following services in collaboration with the selected 2 CSOs.

• Third-party monitoring of all CSO activities and reporting to the Project.
• Sharing of global guidance and local good practices in user-friendly narratives.
• Facilitation of consultations with communities and authorities in support of CSOs.
• Evaluation of training courses to measure public awareness of approved Charters.
• Comparative research on challenges, success stories, and lessons learned across locations

Project reporting

• Report to client PIAJY Project Manager and delegated Project Team members. The project Manager will directly review and approve High-value Deliverables, as indicated above.
• Be required to complete deliverables by the deadlines as indicated above.
• Work in close collaboration and coordination with client-selected 2 CSOs (1 Aden, 1 Sanaa), esp. to ensure information-sharing and complementarity of deliverables, in line with the Project Team’s guidance.
• Not be provided with office facilities or logistical support at any stage of the work. Any such needs should be reflected in the all-inclusive Financial Proposal.

Key competencies

• Demonstrated ability in analytical and drafting work.
• Familiarity with computers and word processing (WORD, EXCEL, PowerPoint).
• Fluency in written and spoken Arabic and English.
• Ability to work under pressure and meet deadlines.
• Excellent oral and written communication skills.
• Openness to change and ability to manage complexities.
• Self-reliant and able to work as a part of a multicultural team in a stressful environment.

Corporate Competencies:

• Demonstrates integrity by modeling the UN’s values and ethical standards.
• Promotes the vision, mission, and strategic goals of the client
• Displays cultural, gender, religion, race, nationality, and age sensitivity and adaptability.

Team management

Development of Work Plan in Collaboration with 2 CSOs for the Project Team’s approval

Refinement of Substantive Knowledge in line with the Project Team’s advice

Further information

Expected output:

This section identifies policy frameworks to which the selected NC is required to adhere and contribute to. The NC is required to demonstrate a thorough understanding of the reference documents cited below.

Key Reference Documents (available online).

· People-Centered Justice and Paralegals: Task Force on Justice (2019) Justice for All – Final Report.

· Access to Justice – People, Problems, Processes: OECD (2019) Legal Needs Surveys and Access to Justice

· Restorative Justice and Mediation: UNODC (2020) Handbook on Restorative Justice Programmes.

· Community Mapping for Inclusive Policing: UN OHCHR (2013) Participation of Minorities in Policing: Community Policing as a Good Practice.

· Community Policing Performance Indicators: UN DPO (2018) Manual: Community-Oriented Policing in United Nations Peace Operations.

· Community-Police Forums: Clark, Julian and B. Friedman (2020) Community Advisory Boards: What Works and What Doesn’t: Lessons from a National Study

· Concept of Training Cycle: UN DPO (2014) Guidelines: Design, Delivery and Evaluation of Training (Training Cycle).

The following presents project activities to be implemented by CSOs, vis-à-vis which the NC will deliver consultancy services as described in the earlier section.

Activity 1. Community Mapping to Identify Community Leaders Inclusively.

The UN global guidance stresses that CCs should be inclusive and proportionally representative of all cross-sections of society. Inclusion is not only an ideal goal for peacetime democracy but also a practical strategy for wartime stability and transition to peace in a conflict-affected setting. Inclusion is a matter of security necessity and peacebuilding choice when internal security is contested by multiple competing forces and dissenting civilians. Inclusion is a required precondition for making the pivotal shift from order-making by violence to order-making by consensus. Without inclusion, the police will have only limited access to areas inhabited by disagreeing populations, and in turn are compelled to use violence to impose order, causing a destructive cycle of revenge violence. Many people in marginalized and over-policed communities are non-citizens or newcomers, whose voices and presence are most needed on CCs. To build sustainable peace, the goal should be to create a “hybrid order” that transcends differences, not a “solid order” that feeds on division and exclusion. Inclusion is not easy when public sentiment is loaded with collective anger over past injustice inflicted by competing groups, but inclusion (and compromise) is the only way forward to peace. Inclusion has a strategic value for wartime leaders as well, as it creates the public image of vertical encompassment. Inclusion will help political leaders extend their legitimacy to a wider population and broaden the constituent base.

To maximize inclusion, the CSO is required to conduct an inclusive community mapping by reaching out to as many community leaders or influencers as possible (both positive and negative, depending on different perspectives) according to multiple and intersecting criteria as the following. The CSO will work closely with the Client project team and client-hired NC.

· 1) Locations: the CSO should visit all Neighborhoods (Hara/Hai) in all 2 Target Districts and meet with community leaders. Geographical areas inhabited by displaced people (both IDPs and refugees) should be included and mapped as well.

· 2) Demography: community leaders should not be limited to Yemeni adult men. The CSO should identify representatives from various demographic groups, such as women, youth, disabled and displaced (both IDPs and refugees).

· 3) Sectors: community leaders should not be limited to private individuals, but should include public sector officials (government representatives at the neighborhood level, including local authorities, local council members, police, prosecutors, judiciary, prison, and other line ministry officials), civil society leaders (NGOs, media, lawyers, paralegals, activists, social workers, school principals, and other heads of service providers), private sector leaders (business owners, property holders, leaders of labor unions or professional associations), religious leaders, customary leaders and existing community structures with varying names (e.g. community safety committees, community-based protection networks, etc.)