GBV Legal Expert

Bachelor's Degree   Afghanistan, Kabul Full Time 647
Date Posted:Jul 5, 2021
Reference:MoE/GE/EQRA/001
Closing Date:Jul 14, 2021
Work Type:Full Time
Number of Vacancies:1
Gender:Any
Functional Area:Gender
Nationality:Afghan
Salary Range:NTA, Grade B
Years of Experience:5 - 7 Years
Contract Duration:1 year(s)
Possibility of Contract Extension: Yes
Contract Type:Short Term
Probation Period:3 months
Required Languages:Dari,Pashto,English

About Ministry of Education (MoE):

Founded:  

The aim of the EQRA Project is “to increase equitable access to primary and secondary education, particularly girls, in selected lagging provinces, and to improve learning conditions in Afghanistan.” EQRA introduces a shift from monitoring only the enrollment of students (which also includes attention to students designated as ‘permanently absent’) to focusing on bringing children into school as well as student attendance. The Education Quality Reform for Afghanistan (EQRA) is fully aligned with the goals of the Afghanistan National Strategic Plan (NESP III). The project is designed to (A) increase equitable access in disadvantaged districts especially for girls; (B) improve quality of instruction/education service delivery and (C) enhance MoE governance and management capacity. The project focuses on the construction and expansion of schools, provide community-based education to out of school children, reform curriculum for all grades, improve and ensure textbooks delivery to schools, enhance academic supervision, strengthen teacher & TTC quality, improve execution of budget, strengthen and increase use of EMIS, implement capacity building reform, and reform recruitment process for civil service.

Job Summary:

The Gender Based Violence Unit was established at MoE as a coordinating body to strengthen and enhance the efforts and activities of stakeholders in the country, in the prevention of and response to Gender-Based Violence (GBV). The objectives are to consolidate, coordinate, improve and support the activities of all relevant stakeholders in the prevention of and response to GBV in the ministry of Education. Within the MoE setting, the GBV unit shall target and prioritize GBV issues relating to most vulnerable and affected segments of the MoE family.

The legal expert at GBV Unit will handle the legal issues and tasks related to gender-based violence at MoE including the MoE policies, Layehas (bylaws), guidelines, Code of Conduct (CoC) review and revision, lead a legal team at national level. The incumbent will also work with complaints handling and resolution team to develop a workable and practical mechanism for GBV related complaints at MoE. 

The position will also represent MoE with other government organs involved in and handling GBV related issues.

Duties & Responsibilities:

The Legal Expert will perform the following duties:

1. Review existing MoE polices (anti-harassment, girls’ education, teacher induction, curriculum, supervision, school management etc) to assess how they are proposing to deal with SEAH, identify gaps and align approaches.

2. Review relevant GBV legislation to understand MoE obligations under Afghanistan legal frameworks. 

3. Review layeha (education by-laws) to examine how they are currently addressing SEAH and identify gaps. 

4. Based on review of existing legislation and MoE policies, identify gaps and relevant issues from laws and policies to be incorporated into the layeha. 

5. Hold consultations with education partners (UN, Education in Emergencies (EiE), Community Based Education (CBE), Teacher Training Institutes etc) to share experiences, good practices and lessons learned on developing and implementing CoC in Afghanistan.  

6. Hold consultations with schools including teachers, parents, students PED, DED and Central Ministry to inform the development of the School CoC for teachers and students including SEAH provisions, disciplinary measures, response and reporting systems and accountability mechanisms.

7. Provide legal input and expertise on the Code of Conduct (CoC) especially on the provisions of SEAH.

8. Conduct consultations with students, teachers and parents in schools (government, religious schools, private schools and literacy centers) to identify preferences for safe, child-friendly channels and mechanism that can be established to make, receive and handle complaints.

9. Review existing documents and guidelines related to protocols for responding to incidents that are currently used in Afghanistan 

10. Draft protocol for MoE that includes how to respond and provide 1) initial response and survivor support 2) documentation and investigation 3) referral systems for health and case management for survivors 4) follow up with other relevant legal authorities.

11. Agree on GBV prevention and mitigation measures to be included in the terms of reference (ToR) of school manager/principals.

12. Provide technical support and training in gender approaches and matters related to legal perspective of GBV for unit staff and various program stakeholders and for all program components at national and sub national levels.

13. Plan and organize the capacity building programs (orientation and training) to 34 provincial, district and school level GE staff

14. Perform any other assignment requested from him/her.



DELIVERABLES:

1. GBV related existing document (policy, bylaws, guidelines) reviewed, analyzed and report submitted to MoE leadership.

2. Code of Conduct (teachers, students, staff) reviewed and report presented

3. Legal material and guidelines in the GBV Training of Trainers (ToT) training materials included.

4. Complaints handling Mechanism reviewed and legal inputs and recommendations prepared and given in the development of the mechanism.

5. Capacity building programs (orientation and training) to provincial GED staff organized and delivered 

6. A thorough field assessment and research, from legal perspective, about existing GBV situation in Afghanistan conducted and presented.

7. Monitoring and Evaluation plan from the progress of GBV reduction program prepared and presented 

8. GBV and SEAH monthly and Semi-annual Narrative Report (legal perspective) prepared & delivered to MoE Leadership.

Job Requirement:

Education

• Bachelor or Masters/PhD Degree in Legal, Law, Public Policy, Public Administration, Gender Based Violence, Education, Management, Social Science, law, human rights or any other related field. 


Experience

• At least 5 years of relevant professional experience with Master/PhD, preferably in the justice sector, legal training and international and national laws and policies on GBV and 7 years of relevant professional experience with Bachelor degree in the related field.

• Experience in building GBV capacity and provide training to provincial and zonal teams on GBV.


Skills and Competencies

1. Team management and leadership skills

2. Excellent Understanding of GBV related issues

3. Excellent Communication Skills

4. Excellent Interpersonal Skills

5. Good Coordination and Reporting Skills

6. Outstanding Problem-Solving skills

7. Excellent Report Writing Skills


Languages: Written and Spoken fluency in English, Pashto and Dari languages is a must.


Geography: Based in Kabul, will be travelling to provinces regularly


Contract Duration: 12 Months with possibility of extension


Key Reporting Relationship:


Supervision: The GBV Legal Expert will be reporting to the GBV Head of Unit and Director General of General Education Directorate (GED).


Recruitment, Work Condition and Evaluation

 

1. Recruitment:

1. The recruitment will be done through transparent and competitive processes.

 

2. Work conditions

1. The GBV Legal Expert will work according to Afghanistan MoE’s and donors' rules and regulation.

2. MoE will provide a proper work station at MoE main building.

3. Evaluation

1. The initial three months will be considered a probationary period.

2. A formal performance evaluation shall be conducted annually jointly by the Ministry of Education leadership as well as by the WB with observers of the key donors.

3. An exit interview will be conducted upon completion of the contract. This exit interview constitutes condition for final payment.

4. These reporting obligations would be in addition to any reporting and evaluation obligations decided and directly conducted by the Ministry and/or World Bank.

5. Contract extension is subject to fund availability, organization’s need, and satisfactory performance.

Job Location:

Afghanistan, Kabul
This job is expired