Legal / Electoral Dispute Resolution Specialist (NPSA10) at United Nations Development Programme

Background   UNDP is committed to achieving workforce diversity in terms of gender, nationality and culture. Individuals from minority groups, indigenous groups and persons with disabilities are equally encouraged to apply. All applications will be treated with the strictest confidence.   UNDP does not tolerate sexual exploitation and abuse, any kind of harassment, including sexual harassment, and discrimination. All selected candidates will, therefore, undergo rigorous reference and background checks.

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. Within this framework 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 electoral cycles have highlighted several key challenges, including 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; and 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. This with a specific focus on a comprehensive, well-designed and long-term capacity development to address the recurring challenges. To ensure sustainability and national ownership, UNDP aims to enable access to continuous education programs on EDR.   Duties and Responsibilities   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 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 provide support towards following outcomes by performing the below-mentioned duties:

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

Support lessons learned workshop with NEC and external stakeholders / national consultation on EDR; Conduct a comprehensive assessment the capacity of NEC to receive, hear and resolve election cases is conducted; 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; Provide expert guidance and support trainings for NEC staff members involved in the handling of electoral complaints; 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; Lead the develop or adapt a case management and document tracking system for election cases to be made ready for implementation by NEC; Support NEC and electoral stakeholders in legal research; Develop and implement a strategic information and education plan on EDR targeting political parties and other stakeholders; Work with NEC to enhance pre-trial conference mechanism.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 reform process; 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 Adviser.