PDHJ-UNDP-Mediation,Conciliation and Recommendations Mentor-CD 04 de Julho de 2014


Capacity Development of the Provedoria for Human Rights and Justice Project

Capacity Development of the Provedoria for Human Rights and Justice Project

 

No.Ref.:        009  /PDHJ /2014

 

I. Position Information

 

 

Job Code Title:                                Mediation, Conciliation and Recommendations Mentor

Supervisor:                                      General Director, PDHJ and UNDP Project Manager

 

 

II. Organizational Context

 

 

The PDHJ was established through the National Parliament’s  Law No. 7/2004 in compliance with the 2002 Constitution of the Democratic Republic of East-Timor stipulating the establishment of an “an independent organ in charge of examining and seeking to settle citizens’ complaints against public bodies, preventing and initiating the whole process to remedy injustice”. The PDHJ is an independent national human rights institution which has a mandate to cover human rights, good governance / maladministration. The purpose of the PDHJ is to protect and promote human rights and fundamental freedoms of natural and legal persons throughout the national territory and prevent maladministration.  The PDHJ has a dual mandate; it is both the National Human Rights Institution of Timor-Leste and the Ombudsman. Within these two areas, it discharges its mandate within a three activities-approach: education and promotion, prevention or monitoring and investigation (based on complaints or based on its own initiative).

The competencies, powers and duties of the Provedor are set out in Chapter IV of the Statute. The PDHJ has the powers to receive complaints; investigate and inquire into matters under his or her competence; to visit any place of detention, treatment or care in order to inspect the conditions therein and conduct a confidential interview of the persons in detention; to refer a complaint to a competent jurisdiction or another recourse mechanism; seek leave of the National Parliament to appear before a court, arbitration tribunal or an administrative enquiry commission; act as a mediator or conciliator; make recommendations for redress in complaints brought before him or her, notably by proposing remedies and reparations; provide advice including opinions, proposals and recommendations for the purpose of improving respect for human rights and good governance by the entities within his or her jurisdiction; and report to the National Parliament in relation to the findings of an investigation or in relation to his or her recommendations.

 

As per Organic Law of 2011, the PDHJ must have a Mediation and Conciliation Department, under the Directorate of Public Assistance. The Department was established in February 2014, A guideline on mediation and conciliation has been written. Some of the PDHJ staff have participated in some training on the mediation and conciliation but need support to do simulations and to strengthen the skills gained in previous capacity development activities. Other staff members never participated in the training or had experience in mediation and require both theoretical training (based on the existing guideline) and practical training.

 

Also as per Organic Law of 2011, the PDHJ must have an Implementation of Recommendations Department, under the Directorate of Public Assistance. This Department was also established in February 2014 and has commenced operations. While a consistent and systematic mechanism to follow-up the implementation of Provedor’s recommendations is being put into place, it is also important to develop specific instruments and provide technical/legal support to this process.

 

 

 

 

 

III. Functions

 

 

Summary of key functions:

 

q  Develop and conduct a capacity assessment of the skills and knowledge requirements of the mediation and conciliation and follow up recommendation departments;

q  Provide training and mentoring support to relevant PDHJ staff in the area of mediation and conciliation;

q  Provide training and mentoring support to relevant PDHJ staff in the area of writing recommendations and the implementation and follow up of recommendations (with monitoring and investigation mentors);

q  Encourage the mainstreaming of gender into the policies and practices of PDHJ and staff in the mediation and conciliation and the follow up of recommendations departments;

q  Provide any other mentoring support which may be required in execution of the mandate of the Provedoria.

 

 

 

 

IV. Key Results Expected & Impact of Results

Outputs:

  • Conduct a capacity assessment to determine the baseline skills and knowledge requirements of both the mediation and conciliation and follow up recommendations departments;
  • Provide training and mentoring support to relevant PDHJ staff in the area of mediation and conciliation:
    • Mentor staff to ensure applied knowledge of Matadalan Mediasaun no Konsiliasaun by all mediation and conciliation department staff
    • Provide at least 2 training sessions on mediation and conciliation skills and provide regular and ongoing mentoring to mediation and conciliation staff
    • Revise the draft Standard Operating Procedure (“SOP”) on mediation and conciliation (“POP Mediasaun”) and ensure it is linked with the SOP on preliminary assessment, consult on the SOP and workshop it with staff through to approval stage
    • Mentor staff on the SOP to ensure applied knowledge by all mediation and conciliation staff
    • Update and revise internal documents relating to mediation and conciliation (if required) as the practice area develops and mentor staff on how to do these updates in the future
    • Create new mediation and conciliation templates as required
    • Observe and provide feedback at least 2 mediation/conciliation meetings (if there is no case opened for mediation and conciliation, at least conduct  2 simulations)
    • Identify any opportunities for external skills and knowledge training for mediation and conciliation staff and support successful completion of this training
    • Final report identifying progress against the baseline assessment, challenges and key priorities for the future

 

 

  • Provide training and mentoring support to relevant PDHJ staff in the area of implementation of recommendations:

 

  • Draft the SOP on the implementation of recommendations system and internal procedures, consult to develop the final SOP for approval by PDHJ
  • Draft all required templates including templates of internal documents and communication with relevant entities
  • Draft a guideline on follow up recommendation in consultation with PDHJ and submit guideline for approval by PDHJ including
  • Distribute the SOP and guidelines and mentor on implementation and future review of these internal procedures
  • Provide at least 2 training sessions on systems regarding the implementation of recommendations and regular and ongoing mentoring to follow up recommendation department staff
  • Develop and present a workshop on drafting of recommendations (in conjunction with the monitoring mentor and investigations mentor)
  • Identify any opportunities for external skills and knowledge training for mediation and conciliation staff and support successful completion of this training
  • Final report identifying progress against the baseline assessment, challenges and key priorities for the future.

 

 

 

 

V. Competencies

  • Excellent written and oral communication skills in both Tetun and English

 

  • Excellent mentoring skills (transfer of knowledge, patience, persistence, cultural understanding)

 

  • Ability to adhere to principles of confidentiality and impartiality

 

  • Ability to work in an office environment with limited administrative support and regular logistical, environmental and other challenges.

 

 

 

 

 

VI. Recruitment Qualifications

 

 

Education:

 

Bachelor’s degree in law.

 

Additional tertiary qualifications in alternative dispute resolution and / or public sector administration would be highly regarded.

 

Experience and attributes:

Essential

  • At least 5 years professional experience  in the area of human rights, good governance, public administration or conflict resolution;
  • Excellent knowledge of the PDHJ’s legal and operational framework including relevant legislation and public sector institutions in Timor Leste;
  • Good knowledge of the principles of good governance and human rights (including gender mainstreaming);
  • Knowledge and experience in mediation and conciliation;
  • Experience developing and applying participatory capacity development approaches;
  • Strong interpersonal skills, patience, persistence and the ability to motivate and encourage adult learning.

Desirable

 

  • Direct experience in supporting the development of internal systems in a public institution;
  • Knowledge of traditional conflict resolution processes in Timor-Leste;
  • Experience working with an National Human Rights Institution or an Ombudsman’s Office;
  • Knowledge of Timor-Leste legal and political context, particularly developments since 1999.
 

Language Requirements:

  • Fluency in written and spoken Tetun and English is required.  The interview will be conducted in both languages and a writing sample in both languages will be sought from the preferred candidate.
  • Knowledge of Portuguese will be highly regarded.
Other conditions
  • Some (infrequent) domestic travel may be required.
  • Qualified women are strongly encouraged to apply.
  • Qualified Timorese and international applicants are encouraged to apply.
  • The position is offered on a full-time basis but requests for part-time and / or other flexible working conditions will be considered upon request.

 

 

Those interested in this position can send an updated curriculum vitae (with list of references), salary expectation (financial proposal) and an application letter to rozentina.dossantos@undp.org or recruitmentpdhj@yahoo.com . Only completed applications will be considered.

 

The  UNDP Capacity Development Project for PDHJ will only contact those shortlisted for an interview.

 

Applications can be submitted until the 4th July 2014 – applications submitted after the deadline will not be considered.

 

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