Terms of Reference Assessment of the Implementation OF the National Legal Aid Policy and Preparation of New Five-Year Implementation Plan

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TERMS OF REFERENCE

 ASSESSMENT OF THE IMPLEMENTATION OF THE NATIONAL LEGAL AID POLICY AND PREPARATION OF NEW FIVE-YEAR IMPLEMENTATION PLAN

  1. Background

The Government of Rwanda adopted the National Legal Aid Policy (NLAP) in 2014. The NLAP provides a framework for the provision of legal aid services to ensure the delivery of comprehensive Access to Justice for all Rwandans, paying particular emphasis to the poor and other vulnerable groups that have been comparatively disadvantaged.

The NLAP envisions a “Rwanda where indigent and vulnerable citizens access quality justice and realize their rights guaranteed by law” and “the Justice, Reconciliation, Law and Order Sector (JRLOS) efficiently provides justice-related services to the people of Rwanda with the aim of transforming Rwanda into a country marked by the Rule of Law, Accountable Governance and a Culture of Peace thus contributing to socio-economic development and poverty reduction.” Through strengthening Universal Access to Justice—including the provision of legal aid services—the NLAP also seeks to contribute to poverty reduction.

The NLAP describes the seven (7) main categories of legal aid providers currently operating in Rwanda, comprising of both State and Non-State Actors (NSAs): (1) Access to Justice Bureaus/Maisons d’Accès à la Justice (MAJ); (2) Mediation Committees (Abunzi); (3) Non-Professional Bailiffs; (4) University Legal Aid Clinics; (5) Rwanda Bar Association (RBA); (6) Professional Bailiffs; and (7) Civil Society Organizations (CSOs). The policy also provides for and defines the different types of legal aid services: (1) legal information; (2) legal education; (3) legal advice; (4) mediation/conciliation; (5) negotiation; (6) collective legal action; (7) legal assistance; and (8) legal representation.

The NLAP proposes different models for the provision of legal aid services and provides for the establishment of a Legal Aid Fund and the National Legal Aid Steering Committee.

Though the NLAP requires the development of annual action plans and monitoring framework, it provides an initial 4-year action plan and budget—covering the 2014 through 2018 period—to guide the initial activities for the implementation of the policy. The policy also includes a general monitoring and evaluation (M&E) framework for this initial 4-year plan.

In consideration of this initial 4-year plan, which ends in 2018, the Ministry of Justice, in coordination with the USAID Duteze Imbere Ubutabera (DIU) Activity, seeks to conduct an assessment of the implementation of the NLAP.

The objectives of the assessment are to: (1) evaluate the progress made towards the implementation of the NLAP; (2) identify the necessary areas of focus moving forward; and (3) propose a new 5-year action plan for further implementation of the NLAP, including a revised M&E framework.

Accordingly, the Ministry of Justice and DIU are looking for a consulting legal expert (the consultant/assessment team) to carry out this assessment.

II.    Specific Tasks

  1. Quickly establish links with the JRLOS existing coordination organs including Thematic Working Groups, Steering Committee, and any other stakeholder in the JRLOS to assess the level implementation of the Legal Aid Policy; ;
  2. Define desired performance by identifying critical tasks in the NLAP and preparing appropriate performance metrics;
  3. Develop or adapt an assessment framework/tool;
  4. Conduct the assessment. In conducting the assessment, the assessment team will use a wide array of information gathering activities to analyze the progress made in the implementation of the policy and in proposing the new plan. Information gathering activities may include: (1) a desk review; (2) one-on-one interviews; (3) focus group discussions; (4) surveys; (5) questionnaires; and/or (6) organizational mapping sessions;
  5. Describe the actual status of implementation based on data collected through a variety of methods;
  6. Analyze the data collected to: (1) identify any gaps between desired and actual performance; (2) identify the performance factors that seem to be contributing the most; and (3) designate priority performance gaps to be addressed in the new 5-year action plan;
  7. Identify root causes of any identified deficiencies by conducting a root cause analysis and determining what performance factors are causing the deficiencies.
  8. Analyze and take into consideration (conditionally) the possible impact on the NLAP of the eventual approval of a new Legal Aid Law under several of the most likely scenarios to be determined jointly with the Ministry of Justice.

III.    Scope of Assessment and Deliverables

The scope of this project is the assessment of the overall implementation of the NLAP that was adopted in 2014. As part of the assessment, the consultant will be expected to identify performance gaps, as well as the root causes for these gaps and how to address them moving forward. The assessment should also include a discussion of the performance factors that have had the greatest impact on the delivery of comprehensive access to justice to all Rwandans. In addition, the consultant should prepare a new 5-year action plan to guide the continued implementation of the NLAP, including an appropriate M&E framework.

The consultant must work with relevant stakeholders—including the stakeholder group referenced above, as well as other justice sector stakeholders and partners—to review and validate the consultants work product, as appropriate. This will help ensure ownership of the assessment, including the new 5-year action plan.

The deliverables for this assessment are as follows:

  1. detailed Work Plan for the execution of the assignment—to be produced and submitted to the Ministry of Justice and DIU within 10 days after the signing of the contract—including a detailed methodology and approach for data collection;
  2. A comprehensive set of data tables for use in the production of a survey report;
  3. An Inception Report to be submitted to the Ministry of Justice and DIU. The Inception Report will provide a detailed explanation of the approach that will be undertaken including: (1) an understanding of the overall objective and expected results of the assessment; (2) the methodology to be applied; (3) an expected framework for the outputs to be produced; (4) a proposed list of any key stakeholders and how they will be consulted; and (5) the proposed structure of the final report;
  4. A Draft Assessment Report on the implementation of the NLAP that: (1) details the findings of the assessment; (2) provides prioritized and actionable recommendations; and (3) identifies performance gaps and other implementation issues, provides guidance on how to address them and propose an updated draft Legal Aid Policy that takes into account other current and in pipeline Policies that relate to Access to Justice and linked to existing national strategies. The Draft Assessment Report must be submitted to the Ministry of Justice  and DIU within 45 days after the contract signature;
  5. Final Assessment Report that incorporates any feedback on the Draft Assessment Report must be submitted to the Ministry of Justice and DIU within 60 calendar days after the contract signature.
  6. The new 5-years Action Plan for further implementation of the NLAP, including M&E framework, to be submitted to the Ministry of Justice and DIU within 60 calendar days after the contract signature; 
  7. In order to ensure ownership of the assessment by all justice sector stakeholders, all deliverables should be reviewed and validated by appropriate Justice Sector stakeholders and partners.

IV.    Methodology 

The consultant will need to work together with stakeholders throughout the NLAP assessment process. The chair and co-chair of the JRLOS believe that involving partners and stakeholders helps ensure that the assessment process is well adapted to the context and needs, so that its results are relevant and useful. It promotes ownership over the process, translates into a commitment to its results and offers opportunities to develop the capacities of partners and stakeholders for planning and programming.

  1. The data and information collection approach will help inform who should participate in the assessment. Different perspectives are necessary to obtain a balanced view of the situation. This may require collecting input from people at different levels throughout the relevant institutions, e.g., Heads of institutions or Chief Budget Managers where needed, directors and staff, central and field offices, and line and staff professionals. It is also important to gather information from organization’s partners, other development entities, and Civil Society Organizations and other relevant stakeholders;
  2. Use of soft data gathering techniques: Organize meetings/interviews with Government, Development Partners, Civil Society Organizations and all relevant stakeholders;
  3. Use of hard data gathering techniques: Evaluate the Constitution of the Republic of Rwanda and other relevant laws; different global and national Policies; Sustainable Development Goals (SDGs)documents; Justice Sector reports, Rwanda Governance Board (RGB) reports and other partner/stakeholder reports; and National Strategy for Transformation (NST1), the previous and current JRLOS Strategies, and all other available documentation in relation to Legal Aid Policy and the provision of legal aid services in general.

V.    Reporting 

The consultant will report to the Permanent Secretary/Solicitor General in the Ministry of Justice with copy to the Chief of Party or their designee.

VI.    Workweek 

The consultant is authorized to work five days per week for the duration of the assignment.

VII.    Qualifications

  • The consultant must possess at least a master’s degree in law, Public Policy development or Project management;
  • The consultant must demonstrate vast experience in having carried out similar or related studies;
  • Relevant experience of not less than five (5) years with proven relevant work experience on Justice Sector matters and legal aid in particular;
  • Proven experience in data analysis and presentation;
  • Proven experience in monitoring and evaluation and project management are required for the respective specialists in those areas;
  • The consultant should have familiar experience in using data analysis and statistical software, such as SPSS, Stata, E-views, and Epi Info, as well as other related data collection and analysis tools;
  • Demonstrate a clear understanding of the context of the Justice Sector;
  • Proven experience in working with the Public Sector and Private Sector actors; experience with research projects is highly required;
  • Proof of accomplishing similar or related assignments will be required;
  • Knowledge of English and Kinyarwanda; knowledge of French will be considered an added advantage.

Application Instructions:  Please submit your application and contact information by February 18, 2019, to rwandadiu@gmail.com

No telephone inquiries, please. Finalists will be contacted. More information about Chemonics International can be found at www.chemonics.com.

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