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Country: Lao PDR

Description of the Assignment:

Background

Guided by the global UNDP Strategic Plan (2022 — 2025) and UNDP Country Programme for Lao PDR {2022 — 2026), UNDP in Lao PDR works closely with the line Ministries, civil society, development partners, and the private sector at both national and sub-national levels in pursuit of the national socio-economic development priorities defined in Lao PDR’s five-year National Socio-Economic Development Plan (NSEDP) and Sustainable Development Goals (SDGs). The UNDP’s work strongly focuses on the provision of policy advice and technical support to the Government of Lao PDR in the design and implementation of national legislation and strategies across four broad Priority Pillars — (1) inclusive growth and reduced inequalities, (2) UXO clearance and risk education, (3) natural resources, climate change and disaster risk reduction, as well as (4) effective, responsive, and accountable governance.

UNDP Lao PDR, Governance Unit: The UNDP’s programming on effective, responsive and accountable governance, inter alia, focuses on the provision of policy advice and technical support to the Government of Lao PDR to (1) enhance the rule of law, access to justice, and protection of human rights, (2) strengthen people’s participation in decision-making through increased access to information and political representation, (3) enhance public administration reform through institutional capacity-development and implementation of the Government’s decentralization policy. In 2023, UNDP implements several institutional capacity developments to National Assembly, the Lao Bar Association, the People’s Supreme Court of Lao PDR and so on. With regards to Rule of Law portfolio, Legal Aid Action Plan, Criminal Procedure Law Position Paper, and Digital Legal Aid Platform are also in progress.

As the largest global development knowledge network with particular institutional expertise on governance, UNDP in Lao PDR co-chairs the Governance Sector Working Group (along with co-chairing the Public Sector Improvement Sub-Sector Working Group and Legal and Institutional Oversight Sub- Sector Working Group) of the Round Table Process, a national mechanism to coordinate the implementation of the NSEDP and SDGs across governmental institutions, development partners, CSOs and the private sector.

Thanaikhoum/Lawyer Project: The Strengthening the Role of Lawyers in Advancing Rule of Law and Access to Justice in Lao PDR (‘Thanaikhoum’, or ’Lawyer’ project) is a three-year initiative (2022-2025) that is implemented by the United Nations Development Program (UNDP) and the National Bar Association of Lao PDR, or the Lao Bar Association (LBA). The objective of the project is to strengthen the role of the LBA and Lao Lawyers in providing legal services in Lao PDR. The project aims to improve the ethical and professional performance of the legal profession and enhance the role and contribution of the LBA and Lao lawyers in promoting access to justice and rule of law.

The project was designed and implemented in accordance with the national socio-economic development priorities defined in Lao PDR’s five-year National Socio-Economic Development Plan (NSEDP), the Strategic Development Plan for the Justice Sector in Lao PDR (2021- 2025,) and the (Draft) National Action Plan for Legal Aid and the Sustainable Development Goals (SDGs).

UNDP will coordinate with the Ministry of Justice, LBA, Provincial and National Legal Aid Offices and other key stakeholders in the implementation of the project. The programme will be based on principles of inclusiveness, complementarity with other initiatives and adaptation to changing circumstances. The implementation will be guided by the following:

1. Programming that is complementary to other relevant efforts in the justice sector.

2. International good practice and common principles for strengthening the role of lawyers, fair trials, and access to justice.

3. Capacity development programs that are carefully planned, sustainable and inclusive.

The project will support the Lao Bar Association and the newly established lawyer network and female lawyer network (informal group of lawyers) to plan, design and implement their activities to ensure that Lao lawyers are benefiting from these networks and further strengthening their lawyer professions. Under Output 3 the project aims to improve capacity development materials and tools for Continuing Professional Development (CPD) of lawyers, contributing to more professional and ethical behaviour of practicing lawyers. This consultancy will be guided by Sub-Output 3.3: High quality Legal Handbook that includes simple language summaries of key areas of law most relevant to the poor and marginalized, that will assist lawyers to provide effective and ethical legal services.

Scope of Works

The National Consultant will work with an International Consultant, the project team, project associate, project coordinator/manager of the Lawyer Project under the supervision of the UNDP Governance Team Leader. The national consultant will be responsible for:

1. Supporting an International Consultant to design, manage and assure the quality of their tasks proactively and independently in close communication with the project coordinator and the Rule of Law and Access to Justice team.

2. Assisting an International Consultant to conduct a needs assessment through consultations with the LBA/Lao lawyers and other stakeholders on a Legal Handbook.

3. Providing technical support to an International Consultant on conducting research on Lao laws/legislation that can be integrated into a Legal Handbook for Lao lawyers on providing legal services in the specific areas identified as their needs.

4. Work with an International Consultant to draft a Legal Handbook in Lao language.

5. Assist an International Consultant to conduct the final consultations with the LBA, Lao lawyers and relevant stakeholders on the first draft Legal Handbook, aims to validate the draft of Legal Handbook.

6. Revise and complete the final draft for approval by the LBA.

The consultant is expected to work closely with an International Consultant, relevant partners, lawyer networks, senior and junior lawyers, institutes, development partners in the justice sector, the LBA, MOJ, and other justice actors, to ensure that this consultancy delivers good outcomes.

The tasks of the National Consultant will include:

Task 1: Conduct consultations with the LBA, individual lawyers/group of lawyers and other legal actors to assess the needs of their legal knowledge/expertise that could help to support/upskill their legal practitioners, and for practicing lawyers.

· Provide coordination and facilitation support to conduct a series of consultations with the LBA, individual lawyers/group of lawyers and other legal actors to identify specific areas of the Legal Handbook that Lao lawyers need and the existing domestic legal materials/guidelines that will help to further develop the Legal Handbook suitable for the Lao local context.

· Provide technical assistance to the international consultant to conduct comprehensive research on best practices through international legal resources to synthesize relevant information to inform the substance, structure, and components of the Legal Handbook as a practical and user-friendly tool for Lao lawyers to provide effective and ethical legal services.

· Lead on conducting research on Lao laws/legislation and other existing legal materials to see if those key legislation pieces and tools can be combined and summarized as part of the Legal Handbook for the benefit of Lao lawyers.

Task 2: Produce a comprehensive, accessible, and practical Legal Handbook in Lao Language (together with an international consultant) for Lao lawyers

· With guidance and support of the International Consultant, utilize findings from the need assessments, study of the Lao laws/legislation and research on international best practices to draft the content of the Legal Handbook in Lao language that addresses the unique professional challenges faced by Lao lawyers and their diverse needs. Ensure that the Legal Handbook provides practical and clear guidance for Lao lawyers to provide effective and ethical legal services within the specific areas identified.

· Support developing the presentation and PowerPoint in Lao language for presenting the first draft Legal Handbook to the LBA, its members and other relevant stakeholders/partners for review.

· Support revisions and finalization of the draft Legal Handbook through the final consultation process by incorporating feedback and making necessary revisions to enhance the quality and applicability of the Legal Handbook, aiming for validation and approval by the LBA.

Period of assignment/services: 60 working days over 7 months.

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