Job Details

Providing oversight and expert input to the ongoing review of existing legislation to identify inconsistency with the constitution and CEDAW

Terms of Reference for a Consultant to Support the Legislative Audit and Realignment of Existing Laws with
the Constitution and CEDAW in Swaziland

1. BACKGROUND
The enactment of the Swazi Constitution as well as the ratification of CEDAW by Swaziland in 2006 made it
necessary to undertake a legislative audit and law reform to bring laws in line with constitutional provisions
and international commitments.

UNDP and the EU support the Government of Swaziland in this process and wish to recruit a consultant with
special expertise in legal drafting, constitutional law and women’s rights.

2. SCOPE OF WORK

• Providing oversight and expert input to the ongoing review of existing legislation to identify inconsistency with the constitution and CEDAW;
• Conducting research including a comprehensive analysis on regional practice and international best practice on identified implementation gaps;
• Conducting individual consultations with Government Ministries and departments, interest groups and other relevant stakeholders;
• Making recommendations on the adjustment of existing legislation
• Drafting new relevant parts of legislation which are clear in their wording and sufficiently detailed to facilitate easy, unambiguous interpretation by Parliament and courts.
• Compiling a report on the drafting process which outlines the need for amendment, refers to regional and international good practice, explains the reason for choice of certain words, makes reference to any additional information required for interpreting the law or drafting alternate provisions in areas in which it was difficult to find consensus.
  

3. EXPERTISE

• Advanced degree in law and Master’s Degree in law
• Extensive practical legislative drafting experience, ideally in a Commonwealth jurisdiction.
• Relevant work experience or knowledge on jurisdiction in other SADC countries will be considered advantageous.
• Proven expertise and working experience on gender issues and in particular implementation of CEDAW as well as other regional and international Protocols and Declarations that seek to promote gender equality.
• Ability to work in a consultative and collaborative manner with government representatives as well as civil society organizations.
• Demonstrated ability to communicate complex ideas and concepts in a simple manner.
• Necessary Personal Qualities – flexibility, patience, and excellent listening skills.
• Excellent oral and written communication skills in English.
• Proficient knowledge of standard computer software (MS word, excel, power point and project management software).
  

4. LOCATION AND DURATION
The expert will be based at the Ministry of Justice and Constitutional Affairs Offices in Mbabane. The Swaziland Government will provide office space for the expert. The duration of the assignment is 60 working days. The indicative starting date for the assignment is end of September 2010.

For a full version of the TORs please go to www.undp.org.sz/ under “About us”

5. APPLICATIONS
Application letters, a detailed CV including references and a comprehensive financial proposal, should be sent by e-mail (registry.sz [at] undp.org) not later than 17 September 2010 and addressed to the Resident Representative of UNDP Swaziland.