Terms of Reference (ToR) for Consultancy (Individual) Service for Legal Aid

Terms of Reference (ToR) 

for

Consultancy (Individual) Service for Legal Aid 

Basic Job Description 

Job Category: Consultancy for Legal Aid 

No. of Consultant: (1 legal advisor for Karnali province) 

Duty Station:   Karnali Province (Dailekh, Surkhetand Kalikot)

Duration of Work: August 2024 to June 2026 (approx. 2 Years) 

Notice Date: 7th July, 2024

Apply before (deadline): 28th July, 2024 office time (5:00 pm)  

Background:  

Women Empowerment Action Forum (WEAF Nepal) is a woman led non-governmental, non-political, and non-profit making social development organization registered in 2004 in District Administration Office, Dailekh. Over the years, WEAF has implemented over 10 major projects aimed at enhancing the economic, social, and political status of women, children, and other vulnerable populations through empowerment, capacity development, and social mobilization initiatives, benefiting over 25,000 individuals directly. WEAF is working to achieve its goal stated a “to insist on organizational development by promoting economic, social, educational and political capacity of the target communities.

As a part of EU-UN joint project “Empowered Women, Prosperous Nepal”,  Legal Aid and Consultancy Center (LACC) has entered into an agreement with UN Women to implement the project “Pathways to Gender-response Justice: Strengthen Capacity of Duty Bearers and Right Holders. The project came in effect from 1st July, 2024 and it will be end by 30th June, 2026. Project will be implemented among 32 LGUs of these three province. Among these 32 LGUS, project focused 10 LGUs to provide legal aid service to women and excluded groups as well as provide legal and technical advisory support to judicial committee members to strengthen the justice mechanism. 

Geographical Coverage¹  

Scope of Services: (Duties and Responsibilities) 

The main objectives of solicitation consultancy service from Legal Advisors is to strengthen the legal aid service at the local level and provide legal mentorship service to the judicial committee of the project’s location.   

At the local level, this project will hire 5 legal advisers to strengthen capacity of judicial committees for deliver gender responsive justice, and also to provide legal aid to women and excluded groups.

The legal aid support will be provided in 3 LGUs of the project locations and beyond. The legal advisors will provide legal aid support to 550 people, this is the minimum number to be met, to the women and excluded groups. Of the 550 cases, 500 will be for legal counselling service and legal aid including court representation in 5 focused LGUs of Karnali province of Nepal. The cases should be related to gender based violence and gender discrimination including legal identity/citizenship issue. 

The legal advisors will provide technical and legal advisory support to 3 priority LGUs for enabling the delivery of gender responsive justice. The legal advisors will work in close coordination with LACC and the respective consortium NGOs. LACC will provide overall guidance and support to the legal advisors for quality assurance and consistency. 

The legal advisor will also support in data collection in the project LGUs in coordination with LACC, and work in coordination with LACC for sustainability of gender responsive justice delivery in the LGUs. LACC will also provide guidance for sustainability of gender responsive legal aid work to the legal advisors. This would also include coordination with District Legal Aid Committee (DLAC) and provincial legal aid lawyers, and relevant structures. LACC will also provide guidance to legal advisors for handling cases in a gender responsive manner. 

The details of the expected roles are given below:

Provide legal advisory/technical support to Judicial Committees (JCs):

• Provide support (Legal advice and technical inputs) to JCs to deliver their mandate 47 (1) and 47 (2) in a more gender responsive manner. This will be for at least 10 priority LGUs (see annex 2) of the aforementioned EU-UN Women joint programme.  Detailed plan will be developed with WEAF. 
• Guide JCs, where necessary, on specific legal standards and procedures, as well as the collection of evidence, the preparation of victim statements, filing of applications for their cases appropriate documentation, case record keeping and referral mechanism.
• Conduct at least 6 interactions/meetings with each LGUs JCs members, mediators as well as other relevant justice actors, to identify gaps and challenges in carrying out their mandate if required. 
• Provide advisory support to judicial committee to refer all cases to mediator for mediation first (track number of cases where mediation was done after their suggestion/advice), and to adjudicate the cases in a gender responsive manner.
• Provide guidance/legal advice for effective implementation of policies and laws for enabling gender responsive justice. 
• Support in case management system to maintain the record of the cases being facilitated by /or already settled by JCs. 
• Coordinate/build a strong relationship and closely work with Judicial committee member, local government officials, elected members and relevant stakeholders to strengthen the justice mechanism at the local level. 
• Advisory support to establish/strengthen referral system and activate/effectively implement the GBV elimination Fund effectively in LGUs. 
• In consultation with WEAF, support various types of data collection related to case and delivery of gender responsive justice in 32 LGUs (see annex 1) and 10 priority LGUs. 
• Support to identify need of 10 LGUs related to formulation of or revision of necessary laws/policies/guidelines/procedures for enabling gender responsive justice. 

Legal Aid for cases related to gender based violence (GBV) and gender based discrimination

• Provide legal aid support to women and excluded groups including counselling, referral (psychosocial, shelter, police, health and livelihood support) follow up, case drafting and court representation. 
• Each legal advisor provide at least 100 legal counselling to victims/survivors (at least 80% women) and legal aid including Court Representation to at least 10 victims/survivors (all women). 
• Maintain the record of the cases of women and excluded groups provided with the legal aid support.
• Legal advisor to keep data of the service provided. Data collection format will be finalized in consultation with WEAF.  

Coordination and Collaboration 

• Coordination/build a relationship with district bar association and district legal aid committee 
• Coordination with LGUs for institutionalizing work related to legal aid
• Build synergy with other key stakeholders who are doing legal aid work in project locations
• Coordinate, collaborate and support to implement the NAP II

Others

Participate in Gender-responsive justice ToT to increase their knowledge and skills related to gender responsive justice as well as learn the gender responsive tools and technique to deliver the training session at local level. 

Facilitate the capacity building trainings and dialogues to strengthen the gender responsive justice and service at local level. 

Deliverables and Reporting:

• Document the good practices and changes that result from the project intervention and share them with the project Team Leader and Monitoring and Evaluation Officer in a standard format
• Update monthly meeting discussion with JCs using the check list provided by WEAF.
• Prepare a status report on the judicial committees (including but not limited to its role, number and types of cases being handled, composition, procedures and mechanisms guiding the JCs, existing infrastructures, existing mediators and mediation infrastructure, human resources, data, opportunities and challenges for gender-responsive justice) that are being supported by the advisor.
• Prepare the quarterly work plan on the basis of the status report. 
• With consent of judicial committee, share judicial committee data to Team Leader and Monitoring and Evaluation Officer
• Facilitate legal orientation program if/when organized by Grassroots Women Organizations 

Experience and Qualifications:

• At least a bachelor's degree in law, master's degree in Law will be an asset.
• Extensive experience with more than five years in the field of access to justice, especially gender-responsive justice 
• Prior experience with women’s access to justice will be a valuable asset. 
• Ability to work effectively within a team, with a proven track record of collaborating with a multi-stakeholder community.
• Experiences working with JCs, elected members and government officials 
• Strong interpersonal, communication, reporting, coordination and presentation skills

How to apply

Please e-mail your updated CV and one-page motivation letters on why you are suitable for this position.  Sen your application to the following email: weafnepal2004@gmail.com

Only shortlisted candidates will be contacted. Telephone enquiries will not be entertained.