Conflict in Pakistan’s North Western Frontier Province (NWFP) and in Federal Administrated Tribal Area (FATA) region has resulted in massive infrastructure destruction together with a breakdown of the Rule of Law, security, justice and other basic public services. In April 2009, a peace accord was signed between the conflicting parties at the local level, which allowed for Sharia (Islamic law) in the Malakand area, through the Nizam-e-Adl Regulation. Following the agreement, in May the Pakistan military launched a campaign to eradicate Pakistani Taliban groups from their strong-holds in the Malakand region, including Buner, Swat, Shangla, Upper Dir and Lower Dir, due to the Taliban not adhering to the peace agreement resulting in a major humanitarian situation.
The security situation in NWFP was deteriorating well before the start of the incursion, with increasing, targeted attacks on law enforcement agencies, especially the police. Given the near collapse of civil administration in the conflict areas, the provincial government attempted to delegate public safety functions to local communities. With a pre-existing distrust of the police, local populations have low confidence in the ability of the police to protect them. Despite police reform and extensive training, as well as doubling of the salaries of policemen, few in the police force are willing to serve in conflict areas or in high-risk localities in the settled districts. This needs to be addressed to create an enabling environment for safe return and to create trust and confidence towards justice and security institutions.
In the same vein, according to the Government of Pakistan “One of the contributing reasons for the recent wave of unrest is that many of small disputes had escalated into larger problems given the failure of dispute resolution mechanisms. Forums of resolution were too slow to respond to the situation or simple unavailable.” The Government of Pakistan launched the “Malakand Comprehensive Stabilization and Socio-Economic Development Strategy” where the first of the four pillars of intervention is “Security, Rule of Law and Governance”. The pillar includes a first objective “The Government provides adequate security and ensures speedy dispensation of justice, which is responsive to the people of Malakand, thereby proactively countering the threat of militancy”; as well as a second objective: “The justice system is speedy, cheep and accessible and viewed as fair by the local population”.
UNDP Pakistan developed the project document “Sustainable Development through Peace building, Governance and Economic Recovery in NWFP” (Early Recovery programme). This programme identifies the need for a comprehensive Rule of Law component/project, aligned to the GoP’s strategy for Malakand, in particular with the Rule of Law, justice and security pillar.
The Bureau for Crisis Prevention and Recovery (BCPR) is supporting UNDP Pakistan in developing a Rule of Law, Justice & Security programme aligned with the Malakand strategy. BCPR fielded a scoping mission in November 2009 and developed a mission report and a draft results and resources framework which are the basis on which the project will be designed and discussed with national, provincial and local authorities. The consultant will support the UNDP Governance Unit to finalize the project document together with the relevant Pakistani authorities. The consultant will also be part of a team developing a baseline study which will be instrumental to measure the impact of the project over the time.
2. Scope of the work:
Under the direct supervision of Rule of Law, Justice & Security (International) Expert and the overall supervision of the Head of the Governance Unit of UNDP Pakistan, the main duties and responsibilities of the Justice & ADR National Expert will be as follows:
· In coordination and under the direction of the Rule of Law, Justice & Security Expert, finalize the Rule of Law, Peace & Stabilisation project document (and AWP 2010) as a component of the broader programme Sustainable Development through Peace building, Governance and Economic Recovery in NWFP, in particular the Output 1 & 2 related to justice services and ADR mechanisms. The project must be aligned with the Malakand Comprehensive Stabilisation and Socio-Economic Development Strategy of the NWFP’s government. The project document should be ready to be sent to BCPR’s Allocations Committee by the end of January 2010.
· Engage with NWFP authorities, in particular with PaRRSA, the High Court and local and traditional authorities to indentify and agree on the outcomes, outputs and activities for the project – in particular Outcome 1 and 2 and contribute to the team discussion to identify the most suitable implementation strategy for the justice & ADR related activities. The BCPR mission report and draft results and resources framework will be the basis for this engagement.
· Under the direction of the Rule of Law, Justice & Security Expert, develop a baseline study for justice & ADR related issues for the Malakand division. The baseline study will indicatively include:
o District courts capacities: i/existing technical and support staff, ii/level of training of the staff, iii/available equipment, iv/state of infrastructure, v/case backload, vi/number of judicial decisions per week, month and year, vii/analysis of types of cases received by courts, viii/quality of judicial decision;
o Access to justice: i/legal services available, ii/lawyers present in the Malakand division, iii/NGOs providing legal services, iv/quality of service provided.
o Traditional justice mechanisms: i/state of the Jirga system, ii/description of procedures under the Jirgas, iii/type of decisions, iv/situation of women and minorities; v/enforcement of Jirga decisions; vi/interaction with the statutory legal system; vii/role of Sharia’.
· Through the Rule of Law, Justice & Security Expert, liaise with and inform BCPR’s Rule of Law, Justice & Security team on progress of the assignment.
3. Final Product:
· Finalize the Rule of Law, Peace & Stabilisation project document - End of January 2010
· Finalize AWP 2010 – End of February 2010
· Develop a draft baseline study on justice & ADR for the Malakand division – 15th January 2010.
· Complete baseline study on justice & ADR for the Malakand division – 10th March 2010.
4. Duration of assignment, duty station and expected places of travel:
The consultant is expected to work for 55 days from January 4th 2009 until 18 March 2010. The consultant is expected to travel to Pakistan for the duration of the assignment, therefore the relevant DSA will be provided according to the UNDP rules and regulations.