Project: Capacity Development Facility for the Security Sector Project

Terms of Reference
Position Title: International Consultant: Legal Advisor on Private Security Companies
Duration: 1 month

Type of Contract: SSA
Duty Station: Díli
Number of Post: 1 post

Expected Start date: 22 September 2010

Project: Capacity Development Facility for the Security Sector Project

Background and context

The April/May 2006 upheaval in Timor-Leste resulted in losses in human lives and property. There were some further incidents of violence leading to destruction and homelessness during and shortly after the national elections of 2007. These incidents resulted from complex social, economic, historical, institutional and political factors. They also adversely affected socio-economic conditions and threatened much of the hard-earned gains achieved since the Restoration of Independence in 2002. Additionally, the attack on the President and Prime Minister in February 2008 highlighted the instability of the country. More importantly, the incidents pointed to an urgent need of reform of the security sector to provide people living in the country adequate security.

UNDP and UNMIT’s Security Sector Support Unit (SSSU), referred to hereafter as the UN SSR Team, have been assisting the Government of Timor-Leste to undertake a review of the security sector as per the mission’s mandate by Security Council Resolutions 1704, 1745, 1802, 1867 and 1912. The last two resolutions indicated the necessity of security sector reform in parallel with the review. The capacity development facility (CDF) for the security sector project funded by the European Union and implemented by UNDP supports UNMIT’s mandate through capacity building of the security sector, including oversight institutions. It will continue until 15 December 2010.

Private Security Companies (PSCs) are one of the largest security providers and private sector employers in Timor-Leste. Their services are increasingly utilized to provide security to homes, property, people, embassies, international organisations and businesses in Timor-Leste. The presence of a clear legislative framework that regulates the operations of PSCs is imperative to ensure that they operate professionally and in a manner that does not compromise public safety. The legislation of RDTL sets out one of the responsibilities of the National Directorate of Security to Public Buildings (Seguranca Civil, the DNSEP) is to regulate and inspect the establishment of private security companies. It is still yet to define how DNSEP will fulfill its mandate.

The CDF project plans to support the National Directorate of Security to Public Buildings (DNSEP) for the regulation and professionalization of the private security industry through:

- Undertaking a baseline assessment of the private security industry and its potential implications and cross-linkages with security and its related institutions;

- Informing on the relevant regulatory and institutional set-up, including oversight functions, needed to allow DNSEP to perform related functions;

- Drafting legislation regulating private security companies and establishment of potential professional/trade organizations and promotion of self-regulation.

Responsibilities

The Legal Advisor will work for a total of 30 working-days during which he/she will have consultations with the UN SSR Team, PSCs, Secretary of State for Security (SoSS), Seguranca Civil, PNTL, Parliament Committee B (Foreign Affairs, Defence and National Security) and other relevant institutions and will propose a draft legislation for regulating PSCs and recommendations on their self-regulation. He/she will work under the overall guidance of the Director of Seguranca Civil; advise the Legal Advisor of SoSS and report to the UNDP SSR/CDF Project Manager.

During the first week he/she will consult with the Technical Advisor on PSCs on the findings and recommendations of the assessment of PSCs conducted by him/her and together with him/her will facilitate a roundtable with Seguranca Civil, SoSS, PSCs and other relevant actors on them. During his/her last week the incumbent will facilitate another roundtable with Seguranca Civil, SoSS, PSCs and other relevant actors to present the draft legislation and recommendations for PSC self-regulation and enforcement.

Summary of key functions and outputs

The Legal Advisor will produce the following:

„h Draft legislation on the regulation of the private security industry;
„h Recommendations for PSCs on self-regulation such as Code of Conduct and SOPs;
„h Recommendations on the enforcement of the regulation throughout the industry by the PSCs such as recommendations for a penal code of those unwilling to regulate or unwilling to do so in a timely manner.

Competencies

1. Corporate Competencies:
„h Demonstrates integrity by modeling the UN’s values and ethical standards.
„h Promotes the vision, mission, and strategic goals of UNDP.
„h Displays cultural, gender, religion, race, nationality and age sensitivity and adaptability.
„h Treats all people fairly without favoritism.

2. Functional Competencies:

Legal drafting and reporting:

„h Demonstrated experience in drafting legislation and recommendations on legal issues.
„h Demonstrated knowledge of security sector development and/or private security companies related issues.

Management and Leadership

„h Consistently approaches work with energy and a positive, constructive attitude.
„h Demonstrates good oral and written communication skills.
„h Demonstrates openness to change and ability to manage complexities.
„h Demonstrates client-orientation, mentoring and conflict resolution skills.
„h Responds positively to feedback.

Qualification and professional experience

„h Master Degree in Law and a minimum of 5 years of relevant professional experience.
„h Or Bachelor Degree in Law and a minimum of 7 years of relevant professional experience.
„h Legal drafting experience is a must.
„h Knowledge of security sector development or private security companies issues.
„h International experience in conflict/ Post-conflict countries is an asset.
„h Experience in a post-conflict country is an asset
„h Work experience with UNDP is an asset
„h Fluency in English and Portuguese is required.
„h Knowledge of Tetum or Bahasa Indonesia language skills are an asset.

Vacancies Contact

Please upload your application letter together with: Curriculum vitae, financial proposal with a workplan and P11 form in one single document through on line by accessing this link:
http://jobs.undp.org/cj_view_job.cfm?job_id=18681

Individual consultants must submit the financial proposal with a workplan. The financial proposal should include all necessary fees and cost related to the assignment, except the travel cost at the beginning and at the end of the assignment which UNDP will pay. UNDP will not cover any other additional expenses outside of the financial proposal. The financial proposal should be reasonable based on the TOR and proposed workplan.

The deadline for submitting applications is 31 August 2010.
Only short-listed candidates will be notified.
Women candidates are strongly encouraged to apply.