The Revitalized Agreement on the Resolution of the Conflict in the Republic of South Sudan (R-ARCSS) is reform-oriented and provides for several reforms to be undertaken during the transition. In this context, it provides in Art. 1.17.1. that the Judiciary shall be independent and subscribe to the principle of separation of powers and the supremacy of the rule of law. Art. 1.17.2. provides that there shall be reforms of the Judiciary that shall include but not be limited to the review of the Judiciary Act, and efforts shall be made to build the capacity of the judicial personnel and infrastructure. The R-ARCSS outlines how the reforms will be initiated and provides in Art. 1.17.3. that the Revitalized Transitional Government of National Unity (R-TGoNU) shall establish an Ad Hoc Judicial Reform Committee (JRC) to study and make recommendations to the R-TGoNU for consideration.
Pursuant to these provisions, the Terms of Reference (ToRs) for establishing the JRC were put in place by the Ministry of Justice and Constitutional Affairs (MoJCA), Intergovernmental Authority on Development (IGAD) and Revitalised Joint Monitoring and Evaluation Commission in June 2021. The R-ARCSS Parties and IGAD selected their representatives to the JRC and the Chair and Deputy Chair as required by Art. 1. 17.4. and 1.17.5. in June 2022, and the JRC was inaugurated on 28th July 2022. The Implementation Matrix of the R-ARCSS requires the JRC to finalize and submit its recommendations to R-TGoNU within six (6) months from its establishment, which is the date the JRC was inaugurated.
The JRC, being fully constituted following its inauguration, has now commenced to discharge its mandate on reforms of the Judiciary of South Sudan as provided in the R-ARCSS and ToRs establishing the JRC. The United Nations Development Program (UNDP) has committed to provide operational support to facilitate a Secretariat to assist the JRC to deliver its mandate within the stipulated timeframe of six (6) months. The Secretariat shall be composed of (i) Legal Secretary/Head of Secretariat, (ii) Head of Legal Research, (iii) Associate Researcher, and (iv) Communication/Media Specialist.
The Role and Functions of the Secretariat
The role of the Secretariat will be to support the JRC to deliver its mandate as provided in the R-ARCSS and ToRs establishing the JRC and outlined in its Work Plan. The Secretariat shall ensure that the JRC has adequate capacity to perform its activities and specifically perform key tasks which include:
Assisting the Chair or Deputy Chair in developing the agenda of plenary meetings of the JRC;
Reviewing and analyzing national legislation and regulations on the Judiciary and administration of justice;
Researching and preparing Concept Papers on relevant themes and topics on judicial reform;
Analyzing and comparing regional and international legislation on the judiciary and administration of justice;
Coordinating consultations and forums with rule of law stakeholders, experts, and the public;
Collating and reviewing memoranda and submissions on judicial reform received from stakeholders;
Capturing and maintaining a record of all plenary meetings of the JRC and producing true minutes;
Ensuring a presence for the JRC on the web which shall be an avenue to electronically receive submissions from the public, diaspora and stakeholders on judiciary reform and also a communication tool for the JRC;
Preparing reports of consultations of the JRC which shall include any presentations together with a summary of the discussions and professional observations;
Organizing meetings between Chair and/or Deputy Chair and stakeholders including Government institutions;
Supporting the JRC Working Sub-Committees to fulfil their respective Terms of Reference;
Preparing progress/status reports on the work of the JRC for consideration by Chair and for presentation to RJMEC;
Assisting in the preparation of the final JRC Report for submission to RTGoNU for consideration, and
Assisting the JRC in any other administrative and logistics tasks as assigned by the Chair or Deputy
Duties and Responsibilities
Duties and Responsibilities of the Associate Researcher
The Associate Researcher will be seconded to the JRC Secretariat and shall work under the supervision of the Head of Legal Research. The Associate Researcher will perform the following functions:
Undertake research and comparative analysis on regional and international legislation on judiciary and administration of justice;
Review and analyze national legislation on judiciary and administration of justice and reports by specialized bodies and partners;
Identify, review and analyze decrees and regulations on judiciary and administration of justice;
Assist the Lead Legal Researcher in preparing legal advisory opinions and concept papers on themes and topics relating to judicial reform;
Support provision of logistical support to JRC activities such as plenary meetings, consultations, and hearings;
Other related tasks.
Required Skills and Experience
Required Qualifications, Skills and Experience
Education:
A University/Bachelor’s Degree in law, political science, international development or related field;
Experience:
A minimum of four (4) years of relevant work experience in policy and/or legal operational research or relevant work
A good understanding of the socio-political and rule of law environments in South Sudan;
A proven commitment to the values of good governance, rule of law, constitutionalism, democracy, human rights and gender equality;
Excellent writing and communication skills;
Proven ability to work under pressure, individually as well as in a team;
Good inter-personal skills and ease with working in a multi-cultural team;
Experience in the usage of computers and office software packages (MS Word, Excel, etc).
Languages:
Fluency in written and spoken English is required. Knowledge of local languages is an asset.
