Legal/Electoral Dispute Resolution Specialist (NPSA10)

UNDP through its Governance Portfolio seeks to support the Government of Liberia to improve democratic governance through strengthened national institutions that can perform their statutory mandate. This is done by supporting the government to set the appropriate legal and policy frameworks, systems strengthening institution and capacity development, as well as the delivery of essential services to the population, and enhancing participation in public life through CSOs and the media.

In line with this Governance Portfolio and the Sustainable Development Goal 16 - Peace, Justice, and Strong Institutions, UNDP supports the National Elections Commission (NEC) in the implementation of its constitutional mandate to plan, manage and organize elections in compliance with the national legal framework, international standards, and best practices.

Election dispute resolution (EDR) plays a critical role in ensuring credibility and integrity of the electoral process. EDR mechanisms enable electoral participants to resolve their disputes in a peaceful manner thereby minimizing the risk of electoral violence and social disorder. In many countries, the successful resolution of disputes by the electoral commission and the courts, particularly those that concern election outcomes, leads to peaceful transfer of power and a stable democracy. 

The last Special Senatorial Elections and the previous polls have highlighted several key challenges:

• Weak institutional capacity of NEC Magistrates and Hearing Officers to hear and resolve election disputes in an efficient, timely and effective manner.
• Limited opportunities for private lawyers to enhance their knowledge and skills on election dispute resolution.
• Several gaps in the legal electoral framework governing the electoral process, including conflicting or unclear timelines.

Thus, UNDP seeks to support the effective adjudication and resolution of election-related disputes through the enhancement of the NEC capacity; strengthening of ability of the political parties, candidates through their lawyers to present and argue their complaints and petitions in accordance with the law and procedures. While UNDP  supported the conduct of separate training workshops for NEC Magistrates, Hearing Officers and political parties and their representatives leading to both 2017 and 2020 elections, a comprehensive, well-designed and long-term capacity development plan is needed to address the recurring challenges that strengthens the EDR system in Liberia. To ensure sustainability and national ownership, UNDP aims to enable access to continuous education programs on EDR.

Institutional Arrangement

The Legal/Electoral Dispute Resolution Specialist will work under the overall strategic direction of the Deputy Resident Representative for Programme and direct supervision by the Chief Technical Advisor of the Elections Project.
 

Scope of Work 

Under the overall strategic guidance of the Deputy Resident Representative for Programme and direct supervision of the Chief Technical - Electoral Advisor (CTA) and in close collaboration with the NEC, the Legal/Electoral Dispute Specialist will support the implementation of the capacity strengthening plan on EDR, as initially developed by the Project following the 2020 Special Senatorial Elections and Referendum. S/he will also provide direct support to the NEC in timely resolution of electoral cases resulting from 2023 General Elections. S/he will provide support towards following outcomes by performing the below-mentioned duties: 

Full legal and EDR support is provided to the NEC during the 2023 General Elections

• Work with NEC to enhance pre-trial conference mechanism; 
• Support NEC to ensure that all electoral cases are timely resolve;
• Monitor and analyze resolution of electoral disputes;
• Lead the development or adapt a case management and document tracking system for election cases to be made ready for implementation by NEC;
• Provide expert guidance and support trainings for NEC staff members involved in the handling of electoral complaints;
• Support NEC and electoral stakeholders in legal research during elections.

Capacity of the NEC and relevant electoral stakeholders to resolve and manage election related disputes strengthened 

• Support post-election lessons learned workshop with NEC and external stakeholders/national consultation on EDR;
• Assess the systems and procedures in place to manage electoral complaints for the elections;
• Support  a comprehensive and participatory assessment of a legal and regulatory framework, through the public consultation support, towards the proposal of amendments to the elections law; 
• Support NEC in developing a full compendium of EDR cases during 2020 Special Senatorial Elections and by-elections and update the compiled opinions from the Supreme Court;
• Support development and implementation of a comprehensive training plan and curriculum to enhance the knowledge and  skills of Hearing Officers, clerks, and the NEC staff, on effective, efficient and timely disposition of post-election complaints;
• Develop and implement a strategic information and education plan on EDR targeting political parties and other stakeholders.

Knowledge and skills of the bar on election laws and EDR are enhanced

• Support the establishment of the formal partnership with the Liberia National Bar Association (LNBA) and Judicial Institute;
• Work with NEC and LNBA to ensure periodic training/lecture on election laws and EDR is conducted as part of LNBA’s continuing legal education program;
• Support the development, implementation, and administration of a certification program on election law and EDR;
•  Work with UN Women and other stakeholders in support of a legal aid program for marginalized candidates (including  women, PWDs, and youth, etc.).

Legal framework is fully aligned with international standards 

• Ensure assessment of legal and regulatory framework is updated and completed; 
• Provide support to the NEC in formulating a proposal on amendments to specific provisions of the Election law; 
• Assess and propose revisions to NEC rules and regulations. 

UNDP technical support on EDR and legal issues is strengthened and sustained

• Provide continuous advice to the NEC, electoral stakeholders, and UNDP on issues at hand, including on electoral disputes, electoral reform, and other related issues; 
• Engage in a long-term support to electoral reform initiatives and provide legal support to NEC as it prepares for 2023 elections; 
• Perform any other duties in the area of responsibility as directed by the Chief Technical Advisor. 

• Achieve Results:  LEVEL 3: Set and align challenging, achievable objectives for multiple projects, have lasting impact 
• Think Innovatively:  LEVEL 3: Proactively mitigate potential risks, develop new ideas to solve complex problems 
• Learn Continuously: LEVEL 3: Create and act on opportunities to expand horizons, diversify experiences
• Adapt with Agility: LEVEL 3: Proactively initiate and champion change, manage multiple competing demands 
• Act with Determination: LEVEL 3: Think beyond immediate task/barriers and take action to achieve greater results
• Engage and Partner: LEVEL 3: Political savvy, navigate complex landscape, champion inter-agency collaboration
• Enable Diversity and Inclusion:  LEVEL 3: Appreciate benefits of diverse workforce and champion exclusivity.

• Data analysis
  • Ability to extract, analyze and visualize data (including Real-Time Data) to form meaningful insights.
• Data Collection
  • Being skilled in Data Sorting, Data Cleaning,  Survey Administration, Presentation and Reporting including collection of Real- Time Data (e.g. mobile data, satellite data, sensor data
• Data Strategy and management
  • Knowledge to draft or execute a data strategy or a data management framework.
• Blockchain advice
  • Knowledge of how blockchain works, and ability to advise on the opportunities and challenge
• Digital inclusion
  • Ability to conduct problem analysis and judgement to understand how interrelated elements coexist within an overall process or system, and to consider how altering one element can impact on other parts of the system; 
  • Ability to develop effective strategies and prioritize plans in line with UNDP’s objectives, based on the systemic analysis of challenges, potential risks and opportunities; linking the vision to reality on the ground, and creating tangible solutions; 
  • Ability to leverage learning from a variety of sources to anticipate and respond to future trends; to demonstrate foresight in order to model what future developments and possible ways forward look like for UNDP.

Business Direction & Strategy

• System Thinking 
  • Ability to design or advise on regulations and policy for digit
• Effective Decision Making
  • Ability to take decisions in a timely and efficient manner in line with one’s authority, area of expertise and resources.