Vacancy: IRLI Judiciary Programme Lawyer
Terms of Reference
Overview
Irish Rule of Law International (‘IRLI’) is a project-orientated, non-profit rule of law initiative established by the Law Society of Ireland and The Bar of Ireland. Originally founded in 2007, the charity has collaborated with academics, judges, legal practitioners, policymakers and civil society around the world to advance collective knowledge of the relationship between rule of law, democracy, sustained economic development and human rights. IRLI believes that members of the Irish legal profession have a significant role to play in enhancing the rule of law and supporting sustainable international development.
Background
Since August 2011, IRLI has been working in Malawi to address capacity challenges within the criminal justice sector with the overall aim of improving access to justice for unrepresented vulnerable persons. IRLI has developed a volunteer placement programme whereby volunteer lawyers are positioned strategically alongside the principal institutional actors in the criminal justice system: the Legal Aid Bureau, the Office of the Director of Public Prosecutions, the Judiciary and the Malawi Police Service. Their work is also supplemented by volunteer lawyers who provide short term intensive training for programme partners.
IRLI’s work in Malawi targets the relationship between access to justice mechanisms for vulnerable people and a quality legal/judicial response based on the rule of law. Working to improve access to justice, using a human rights-based approach, is essential for bringing about positive social change for those persons who are amongst the most vulnerable and marginalised in society.
In tackling access to justice for the poor, IRLI seeks to implement mechanisms in partnership with local actors to remove obstacles to free legal aid in the short-term (such as capacity constraints and shortage of lawyers) in order to bring about direct change at beneficiary level, while developing systemic, sustainable interventions aimed at providing long-term benefits to the wider criminal justice sector.
IRLI Assignment Title: IRLI Volunteer Programme Lawyer
Type of Assignment: International Volunteer Programme Lawyer
Programme Title: Strengthening the work of the Malawi Judiciary in IRLI’s ‘Access to Justice’ Programme
Duration: 12 months
Location, Country: Lilongwe/ Malawi
Expected Starting Date: End of November 2015
Programme Description:
- to ensure that prisoners and those in police custody are ensured of their due process rights and given greater access to restorative justice practices, and
- to ensure that knowledge of due process rights, human rights compliance and legal skills amongst criminal justice stakeholders is increased and applied.
In order to attain the programme’s goals, a number of activities and programmes are implemented by IRLI Programme Lawyers including:
- Capacity building and work on discrete projects within the Office of the Director of Public Prosecutions (DPP);
- Facilitating camp courts and legal literacy programmes in prisons;
- Providing free legal assistance to individuals in prison or in police custody in conjunction with the Legal Aid Bureau;
- Capacity building within the Judiciary through the facilitation of workshops;
- Liaising with key stakeholders in the criminal justice system in order to progress criminal cases to their conclusion;
- Capacity building of the Malawi Police Service and establishing diversion programmes in identified stations within Malawi;
- Facilitating a life skills and reintegration programme for children who have been in conflict with the law;
- Publishing human rights and criminal justice related materials;
- Facilitating community sensitisation programmes on issues relating to criminal law; and
- The general strengthening of linkages amongst key stakeholders in the Malawian criminal justice system.
The programme places significant focus on the capacity building of local stakeholders especially through the training of police, magistrates, lawyers, paralegals and prisoners themselves. Furthermore, there is particular concentration on restorative justice and diversion, which allows minor offenders to be diverted from the formal justice system. Diversion is accompanied by an aftercare programme specifically designed to rehabilitate children who have come in conflict with the law.
Organisational Context
The Programme Lawyer (PL) in the Malawi Judiciary will be on placement there for 18 months commencing at the end of November 2015. IRLI’s office is based in the LAB and the PL in the Judiciary will be required to work independently for most of the time, while attending team meetings in LAB as well as other programme related meetings as required and requested by the Programme Manager.
Working together with IRLI’s programme lawyers in the Legal Aid Bureau, Malawi Police Services, DPP’s office and the Programme Officer (PO) and under the direct supervision of the Programme Manager in Malawi and the Charity Coordinator in Dublin, the PL in the Judiciary will further develop the linkages which have been established with the judiciary at both High Court and magistrate level; undertake activities to strengthen the capacity of magistrates; assist judges with research and judgment writing, assist in the processing of homicide cases and lower grade charged cases (at magistrate level); improve case management systems; work with the judiciary to develop training programmes; and improve access to legal provisions and caselaw for judges and magistrates.
This will involve working with the following partners: The Malawi Judiciary and the Ministry of Justice and Constitutional Affairs (MoJ – including the Legal Aid Bureau and the Office of the Director of Public Prosecutions), as well as the Malawi Police Service, the Malawi Prisons Service, the Department of Social Welfare, Chisomo Children’s Club, PASI (Paralegal Advisory Service Institute), the Law Society of Malawi, Irish Aid, EU DGP and other local/international stakeholders and partners as the need arises (including potentially the proposed Association for Magistrates in Malawi).
Scope of Work
Under the direct supervision of the Programme Manager, the Programme Lawyer will undertake the following tasks:
- Liaise with high-level stakeholders to improve the confirmation procedure, which is a process whereby High Court judges review certain sentences imposed by magistrates;
- Working with the magistrates to ensure that the relevant districts are transferring files for confirmation to the High Court on a timely basis;
- Assist the High Court in reviewing cases sent for confirmation;
- Conduct full reviews of files awaiting judgments, and where necessary, coordinate and carry out searches of missing case files;
- Carrying out one-to-one meetings with magistrates for capacity building purposes, and to determine what legal documentation is at their disposal for the purposes of dealing with the cases they hear;
- Organise targeted interactive trainings with magistrates and thereafter attend at magistrates’ courts to monitor and evaluate the implementation of such trainings;
- Work closely with professional magistrates to encourage daily visits and inspections of police stations, and thereafter work with the Police PL to ensure relevant detainees are brought to court or released as directed;
- Assist the LAB PL in advocating for strengthening of legal basis for holding of camp courts and develop proper camp court guidelines;
- Assist in the coordination of camp courts to ensure better planning amongst donors;
- Assist in locating and reviewing cases where 16 and 17 year old child suspects were tried as adults, which was subsequently held to be unconstitutional by the High Court;
- Liaise with the Malawi Law Society for the purposes of updating malawilii.org, a website aimed to provide up-to-date legislation and caselaw for lawyers and the Judiciary;
- Assist the IRLI team in general in the organisation and implementation of general programme activities where the need arises;
- Grant/proposal writing and report writing for IRLI activities within the Judiciary ;
- Budget management of IRLI activities within the Judiciary;
- Maintaining Log Frame and keeping M&E up to date where required;
- PL must submit regular progress and activity report to the President of the High Court as well as assisting IRLI’s PO to compile IRLI organisational and donor reports
Results/Expected Output
- The Pr0gramme Lawyer in the Judiciary will be expected to contribute to a more effective and efficient judicial process through facilitating and supporting the planning and implementation of capacity building interventions;
- Organise workshops and training sessions for members of the judiciary within Lilongwe and in rural areas throughout the Central Region;
- Improve the confirmation procedure;
- Improve access to legal material for judges and magistrates alike;
- Improve monitoring and oversight by judges and professional magistrates;
- Improve access to justice for more vulnerable groups, particularly children in conflict with the law;
- Strengthen the relationship between members of the judiciary and other relevant stakeholders;
- Undertake review of homicide files.
Qualifications/Experience:
- A qualified solicitor/barrister with at least 1 year post-qualification experience;
- Experience working in the legal/development/human rights context;
- Fluency in spoken and written English;
- Computer skills (i.e. Word, Excel, PowerPoint etc.);
- Full Driving License;
- Experience in conducting research and drafting legal opinions/judgments;
- Experience working with and preparing budgets;
- Experience in proposal writing and report writing;
- Experience in office management and/or in the implementation of filing systems (desirable);
- Monitoring and Evaluation (M&E) Experience (desirable);
- Experience working in the Global South (desirable);
- Previous volunteer engagement (desirable).
Essential Skills:
- Ability to problem solve;
- Strong interpersonal, networking and communication skills;
- Flexible and open to learning and new experiences;
- Adaptable to a continuously changing environment ;
- Respect for diversity and can adapt to a new culture, environment and living conditions
- Excellent organisational skills;
- Flexible with the ability and willingness to manage a varied and heavy workload with a variety of players and stakeholders;
- Ability to work in an extremely challenging environment;
- Ability to think both rationally and strategically with strong planning capacity;
- Excellent drafting skills;
- Self-starter with the ability to think creatively;
- Strong team player but with the ability to also work independently.
Conditions of Service
Travel expenses (one return flight from point of departure to Lilongwe), International Health Insurance and a Volunteer Living Allowance (VLA) of €1,483 per month will be provided. The VLA assists the volunteers to meet living costs in Malawi, including accommodation and utilities. These expenses shall not be construed as remuneration.
It will be the successful candidates’ responsibility to obtain any vaccinations required before travelling. An amount of €300 will be provided for pre-departure expenses. Additional programme related expenses are also provided to cover internet, telephone and fuel costs.
The programme is based mainly in the capital city of Lilongwe within the Central Region of Malawi but some travel out into surrounding districts will be required. It is necessary therefore that the successful candidates have a full driving license.
How To Apply
Please forward a CV and cover letter, describing how you meet the requirements set out above and why you wish to work with IRLI, to applications@irishruleoflaw.ie by Monday 26th October 2015.
The successful applicant must be available to travel to Malawi by the end of November 2015.
This programme is funded by Irish Aid and Human Dignity Foundation with support from the Law Society of Ireland and The Bar of Ireland.
